[Code of Federal Regulations]
[Title 19, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR142.4]

[Page 46]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 142--ENTRY PROCESS--Table of Contents
 
                     Subpart A--Entry Documentation
 
Sec. 142.4  Bond requirements.

    (a) At the time of entry. Except as provided in Sec. 10.101(d) of 
this chapter, or paragraph (c) of this section, merchandise shall not be 
released from Customs custody at the time Customs receives the entry 
documentation or the entry summary documentation which serves as both 
the entry and the entry summary, as required by Sec. 142.3 unless a 
single entry or continuous bond on Customs Form 301, containing the bond 
conditions set forth in Sec. 113.62 of this chapter, executed by an 
approved corporate surety, or secured by cash deposits or obligations of 
the United States, as provided for in Sec. 113.40 of this chapter, has 
been filed. When any of the imported merchandise is subject to a tariff-
rate quota and is to be released at a time when the applicable quota is 
filled, the full rates shall be used in computing the estimated duties 
to determine the amount of the bond.
    (b) If entry summary is filed after entry. (1) Except as provided in 
Sec. 141.102(d) of this chapter, if the entry summary is filed after the 
entry, the bond filed at the time of entry, as required by paragraph (a) 
of this section or by Sec. 142.19, shall continue to be obligated unless 
a superseding bond is filed, as provided in Sec. 141.20 of this chapter, 
or unless a bond of the type described in paragraph (a) of this section 
is filed under the circumstances described in paragraph (b)(2) of this 
section. If a superseding bond is filed, or if a bond is filed under the 
circumstances described in paragraph (b)(2) of this section, the 
obligations of the initial bond shall be terminated as to any liability 
which may accrue after the superseding or other bond becomes effective.
    (2) If entry is made in the name of an agent, supported by the 
agent's bond, or in the name of a principal, supported by the 
principal's bond, and the entry summary thereafter is filed in the name 
of the other party, the party named in the entry summary shall file a 
bond on Customs Form 301, containing the bond conditions set forth in 
Sec. 113.62 of this chapter. In this circumstance, the bond obligation 
of the party in whose name entry was made shall be terminated, as to 
liability which may accrue after the bond filed by the party named in 
the entry summary becomes effective, and the party filing the entry 
summary need not file the separate declaration of the actual owner and 
the superseding bond otherwise required under Sec. 141.20 of this 
chapter.
    (c) Waiver of surety or cash deposit. (1) The port director may 
waive the requirement for surety or cash deposit on the bond required by 
this section when (i) the value of the merchandise which the bond 
secures does not exceed $2,500, (ii) the entry summary documentation is 
filed and estimated duties, if any, are deposited prior to release of 
the merchandise and (iii) the importer has not been delinquent or 
otherwise remiss in any transaction with Customs.
    (2) This authority to waive surety or cash deposit does not apply to 
(i) quota merchandise, (ii) any type of merchandise which, in the 
opinion of the port director, cannot be easily appraised or classified, 
or (iii) any type of merchandise where there may be, in the opinion of 
the port director based on past experience, a question of redelivery.

(R.S. 251, as amended, secs. 623, as amended, 624, 46 Stat. 759, as 
amended (19 U.S.C. 66, 1623, 1624))

[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 84-213, 49 
FR 41184, Oct. 19, 1984; T.D. 85-161, 50 FR 38981, Sept. 26, 1985]