IN-BOND. February, 2008

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1 IN-BOND February, 2008

2 Introduction This presentation is to provide basic information and background on the fascinating world of In-Bond. I will also discuss how we plan to improve the in-bond system and process. Please feel free to ask questions at any time during this presentation.

3 IN-BOND In What???

4 In-Bond!!!!! Essentially, in-bond is a class of entry, known as a transportation entry, that allows goods to enter the U.S. without appraisement or payment of duties.

5 In-Bond is NOT a Bond In-bond IS NOT a bond. Yes, a bond is required to move cargo in-bond, but the in-bond system is not, in any way, related to CBP bonds. Subsequently, bond sufficiency rates, bond application processes, etc, are not in-bond terms.

6 OK, What Is A Transportation Entry? Allows for the movement of imported merchandise from one location to another within the U.S. without appraisement (you will here without appraisement often, as it is a crucial legal concept). Without merchandise entering U.S. commerce; and Without payment of duties, taxes, or fees. 19 CFR USC USC 1553

7 Screening and Security All cargo arriving into the U.S. is screened by ATS for terrorism threats, etc. Cargo never moves in-bond until screened Any potential threat is addressed before moving in-bond. If poses a threat, will not be allowed entry

8 Who Can Request an In-Bond Movement? Carrier bringing merchandise to port of arrival. Carrier who will accept merchandise under its bond or carnet. Any person shown on documents to have sufficient interest in the merchandise, such as shipper or broker.

9 Timeframes For transportation by air: Immediate exportation 10 working days Immediate transportation 15 working days For transportation by land: 30 days For transportation by vessel: 60 days

10 In-Bond Documents Documents involved in the processing of transportation entries include: CBP FORM 7512 CBP FORM 7509

11 Electronic In-Bond Interfaces CAFES: Carrier based QP/WP: ABI Filer (broker) based ABI: ABI Filer (broker) based AMS: Carrier based

12 Electronic In-Bond Interfaces V In-Bonds: Carrier based- 100% paperless and carrier controlled (the only paperless inbond process). ACE: Carrier or broker. Air AMS: Carrier based, still a work in progress.

13 Types of In-Bond Movements The types of in-bond movements include: Type 61 Immediate Transportation (IT) Type 62 Transportation and Exportation (T&E) Type 63 Immediate Exportation (IE)

14 Other Types of In-Bond Movements Vessel supplies for immediate export (VSIE) (Type 63) Vessel supplies for transportation and exportation (VST&E) (Type 62)

15 Legal Diversions Merchandise moving on a transportation entry may be diverted to any port other than the port named on the entry. 19 CFR 18.5(a)

16 VIOLATIONS The in-bond carrier will be assessed liquidated damages and/or penalties if merchandise is: Lost/Failed to deliver; Moving without authorization; Delivered without Customs and Border Protection (CBP) release; or Allowed access by an unauthorized person; Failure to report arrival and/or exportation; Any other condition of the bond 19 CFR USC 1492

17 Regulatory Issues The in-bond concept goes back to the 1800 s. Last major revision was in the 1930 s. The in-bond regulations have not been updated in a long time. CBP is currently in the process of rewriting the in-bond regulations (19 CFR Part 18).

18 Proposed Regulatory Changes Automate the entire process, and require all in-bond applications be submitted to CBP electronically. Shorten the in-bond transit times (i.e., 50% reduction) Modify 19 CFR 18.5 to require that CBP be notified prior to diverting to another port. Create a new term of art In-Bond Filer to make the parties who initiate in-bonds accountable for all applicable subsequent postings (arrival, export, etc.).

19 THE FUTURE CBP is looking to implement the following: Full automation of the entire in-bond process, to include electronic applications Updating the in-bond regulations. Identifying all of the systemic shortcomings in ACS, so that we do not transfer them to ACE. Continue to update guidance issued to the field. Combat in-bond fraud. Use technology to track in-bonds

20 Summary This presentation discussed Definition of transportation entry. Regulations related to transportation entries. Types of transportation entries. How transportation entries are processed. Conditions for assessing liquidated damages. Future proposed regulation changes

21 Our Mission We are the guardians of our Nation s borders. We are America s frontline. We safeguard the American homeland at and beyond our borders. We protect the American public against terrorists and the instruments of terror. We steadfastly enforce the laws of the United States while fostering our nation s economic security through lawful international trade and travel. We serve the American public with vigilance, integrity and professionalism.

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