[Code of Federal Regulations]

[Title 19, Volume 2]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR141.68]



[Page 24-26]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

        HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)

 

PART 141_ENTRY OF MERCHANDISE--Table of Contents

 

                 Subpart E_Presentation of Entry Papers

 

Sec.  141.68  Time of entry.



    (a) When entry documentation is filed without entry summary. When 

the entry documentation is filed in proper form without an entry 

summary, the ``time of entry'' shall be:

    (1) The time the appropriate Customs officer authorizes the release 

of the merchandise or any part of the merchandise covered by the entry 

documentation, or

    (2) The time the entry documentation is filed, if requested by the 

importer on the entry documentation at the time of filing, and the 

merchandise already has arrived within the port limits; or



[[Page 25]]



    (3) The time the merchandise arrives within the port limits, if the 

entry documentation is submitted before arrival, and if requested by the 

importer on the entry documentation at the time of submission.

    (b) When entry summary serves as entry and entry summary. When an 

entry summary serves as both the entry documentation and entry summary, 

in accordance with Sec.  142.3(b) of this chapter, the time of entry 

shall be the time the entry summary is filed in proper form with 

estimated duties attached except as provided in Sec.  142.13(b).

    (c) When merchandise is released under the immediate delivery 

procedure. The time of entry of merchandise released under the immediate 

delivery procedure shall be the time the entry summary is filed in 

proper form, with estimated duties attached.

    (d) Quota-class merchandise. The time of entry for quota-class 

merchandise shall be the time of presentation of the entry summary or 

withdrawal for consumption in proper form, with estimated duties 

attached, or if the entry/entry summary information and a valid 

scheduled statement date (pursuant to Sec.  24.25 of this chapter) have 

been successfully received by Customs via the Automated Broker 

Interface, without the estimated duties attached, as provided in Sec.  

132.11a of this chapter.

    (e) When merchandise has not arrived. Merchandise shall not be 

authorized for release, nor shall an entry or an entry summary which 

serves as both the entry and entry summary be considered filed or 

presented, until the merchandise has arrived within the port limits with 

the intent to unlade.

    (f) Informal mail entry. The time of entry of merchandise under an 

informal mail entry, Customs Form 3419 or 3419A or Customs Form 368 or 

368A, is the time the preparation of the entry documentation by a 

Customs employee is completed.

    (g) Withdrawal from warehouse for consumption. The time of entry of 

merchandise withdrawn from warehouse for consumption (the process 

preparatory to the issuance of a permit for the release of the 

merchandise to or upon the order of the warehouse proprietor) is when:

    (1) Customs Form 7501 is executed in proper form and filed together 

with any related documentation required by these regulations to be filed 

at the time of withdrawal, and

    (2) Estimated duties, if any, required to be paid at the time of 

withdrawal have been deposited.



Unless the requirements of this paragraph and section 315(a), Tariff Act 

of 1930, as amended (19 U.S.C. 1315(a)), including the deposit of 

estimated duties, if any, are completed within 60 days from the date of 

presentation of Customs Form 7501, the request for withdrawal shall be 

considered abandoned.

    (h) Appraisement entry, informal entry, combined entry for 

rewarehouse and withdrawal for consumption, and entry under carnet. The 

time of entry of merchandise under an appraisement entry, or informal 

entry, Customs Form 7501, an informal entry, Customs Form 368 or 368A 

(serially numbered) (or other form prescribed in Sec.  143.23 or 

elsewhere in the chapter for use as an informal entry), a combined entry 

for rewarehouse and withdrawal for consumption, Customs Form 7519, or an 

A.T.A. carnet issued under part 114 of this chapter, shall be the time 

the specified form is executed in proper form and filed, together with 

any related documents required by these regulations, and estimated 

duties, if any, have been deposited. If merchandise eligible for 

informal entry is released under a special permit for immediate delivery 

and Customs Form 368 or 368A (serially numbered) or 7501 is filed in 

accordance with Sec.  142.23 of this chapter, the time of entry shall be 

the time Customs Form 368 or 368A or 7501 is filed in proper form, 

together with any related documents required by this chapter, and 

estimated duties, if any, have been deposited. However, if merchandise 

eligible for informal entry is released under the entry documentation 

set forth in Sec.  142.3(a) of this chapter and Customs Form 368 or 368A 

(serially numbered) or 7501 is filed in accordance with Sec.  142.23, 

the time of entry shall be in accordance with paragraph (a) of this 

section.

    (i) Exportation to Canada or Mexico of goods imported into the 

United States under a duty-deferral program defined in Sec.  181.53 of 

this chapter. When merchandise in a U.S. duty-deferral program is



[[Page 26]]



withdrawn for exportation to Canada or Mexico or for entry into a duty-

deferral program in Canada or Mexico, the date of entry is the date the 

entry is required to be filed under Sec.  181.53(a)(2)(iii) of this 

chapter.



[T.D. 79-221, 44 FR 46819, Aug. 9, 1979, as amended by T.D. 84-129, 49 

FR 23167, June 5, 1984; T.D. 87-75, 52 FR 26142, July 13, 1987; T.D. 89-

104, 54 FR 50498, Dec. 7, 1989; T.D. 91-73, 56 FR 42527, Aug. 28, 1991; 

T.D. 92-56, 57 FR 24944, June 12, 1992; T.D. 95-81, 60 FR 52295, Oct. 6, 

1995; T.D. 96-14, 61 FR 2911, Jan. 30, 1996; T.D. 99-64, 64 FR 43266, 

Aug. 10, 1999]