19 C.F.R. § 191.10

Certificate of delivery

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(a) Purpose; when required. A party who: imports and pays duty on imported merchandise; receives imported merchandise; in the case of 19 U.S.C. 1313(j)(2), receives imported merchandise, commercially interchangeable merchandise, or any combination of imported and commercially interchangeable merchandise; or receives an article manufactured or produced under 19 U.S.C. 1313(a) and/or (b): may transfer such merchandise or manufactured article to another party. The party shall record this transfer by preparing and issuing in favor of such other party a certificate of delivery, certified by the importer or other party through whose possession the merchandise or manufactured article passed (see paragraph (c) of this section). A certificate of delivery issued with respect to the delivered merchandise or article:

(1) Documents the transfer of that merchandise or article;

(2) Identifies such merchandise or article as being that to which a potential right to drawback exists; and

(3) Assigns such right to the transferee (see § 191.82 of this part).

(b) Required information. The certificate of delivery must include the following information:

(1) The party to whom the merchandise or articles are delivered;

(2) Date of delivery;

(3) Import entry number;

(4) Quantity delivered;

(5) Total duty paid on, or attributable to, the delivered merchandise;

(6) Date certificate was issued;

(7) Date of importation;

(8) Port where import entry filed;

(9) Person from whom received;

(10) Description of the merchandise delivered;

(11) The HTSUS number with a minimum of 6 digits, for the designated imported merchandise (such HTSUS number shall be from the entry summary and other entry documentation for the merchandise unless the issuer of the certificate of delivery received the merchandise under another certificate of delivery, or a certificate of manufacture and delivery, in which case such HTSUS number shall be from the other certificate); and

(12) If the merchandise transferred is substituted for the designated imported merchandise under 19 U.S.C. 1313(j)(2), the HTSUS or Schedule B commodity number, with a minimum of 6 digits.

(c) Intermediate transfer—(1) Imported merchandise. If the imported merchandise was not delivered directly from the importer to the manufacturer, or from the importer to the exporter (or destroyer), each intermediate transfer of the imported merchandise shall be documented by means of a certificate of delivery issued in favor of the receiving party, and certified by the person through whose possession the merchandise passed.

(2) Manufactured article. If the article manufactured or produced under 19 U.S.C. 1313 (a) or (b) is not delivered directly from the manufacturer to the exporter (or destroyer), each transfer after the transfer from the manufacturer (which shall be documented by means of a certificate of manufacture and delivery) shall be documented by means of a certificate of delivery, issued in favor of the receiving party, and certified by the person through whose possession the article passed.

(d) Retention period; supporting records. Records supporting the information required on the certificate(s) of delivery, as listed in paragraph (b) of this section, must be retained by the issuing party for 3 years from the date of payment of the related claim or longer period if required by law (see 19 U.S.C. 1508(c)(3)).

(e) Retention; submission to Customs. The certificate of delivery shall be retained by the party to whom the merchandise or article covered by the certificate was delivered. Customs may request the certificate from the claimant for the drawback claim based upon the certificate (see §§ 191.51, 191.52). If the certificate is requested by Customs, but is not provided by the claimant, the part of the drawback claim dependent on that certificate will be denied.

(f) Warehouse transfer and withdrawals. The person in whose name merchandise is withdrawn from a bonded warehouse shall be considered the importer for drawback purposes. No certificate of delivery is required covering prior transfers of merchandise while in a bonded warehouse.

Notes of Decisions

Cited in 4 cases, 1997–2005 · leading case: Precision Specialty Metals, Inc. v. United States, 182 F. Supp. 2d 1314 (Ct. Intl. Trade 2001).

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Precision Specialty Metals, Inc. v. United States, 182 F. Supp. 2d 1314 (Ct. Intl. Trade 2001). · cites it 4× “On this issue, Defendant cites 19 C.F.R. § 191.10 (a), arguing that there can be no “treatment” where Customs has not performed the verification authorized under this regulation.”

Int'l Light Metals, a Div. of Martin Marietta Tech., Inc. v. United States, 194 F.3d 1355 (Fed. Cir. 1999). · cites it 2× “See 19 C.F.R. § 191.10 (e) (1994) (contemplating the correction of errors or deficiencies in a proposal on which a drawback contract is based); 19 C.”

In re Kalvar Microfilm, Inc., 208 B.R. 819 (Bankr. D. Del. 1997). “72 ; 19 C.F.R. § 191.10 . Drawback claimants must post surety bonds to protect Customs from overpayment of accelerated drawbacks.”

Cargill Citro-Am., Inc. v. United States, 395 F. Supp. 2d 1222 (Ct. Intl. Trade 2005). · cites it 2× “See 19 C.F.R. § 191.10 (1998). Under the new regulations, if the importer, pursuant to 19 U.”

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