[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: 19CFR142.4]



[Page 45-46]

 

                        TITLE 19--CUSTOMS DUTIES

 

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

        HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)

 

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



[[Page 46]]



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]