Ch 3 Basic Entry Requirements

Which of the following classes of merchandise are NOT exempt from the requirement of entry?

Vessels classified in headings 8903 and 8907 and subheadings 8905.90.10 and 8906.00.10 or in Chapter 98, HTSUS, such as under subheadings 9804.00.35 or 9813.00.35 Reason: The list of items of exempt merchandise appears in 141.4 and General Note 3(e ) of the HTS. Answer B is worded different that the statute.. Citation: 141.4

Which piece of information is NOT a requirement on a commercial invoice? (Hard question, see list in 141.86)

An itemized list by name and amount of packing, cases, containers, and inland freight to the port of exportation, if included in the invoice price, and so identified Reason: See list in 141.86, or my study guide ch 3 Citation: 141.86

Company A imports furniture from Vietnam. A shipment of furniture was exported from Vietnam aboard a cargo ship on February 10. While the cargo ship travels to the intended port of San Francisco, Company A's broker files a consumption entry on February 17 for this furniture shipment using an entry summary that serves as both the entry documentation and entry summary. On February 18, the cargo ship stops at the Port of Long Beach where it unlades other cargo as scheduled. No cargo is laded on the ship at that time. Then, on February 19, the furniture shipment arrives in the port limits of the Port of San Francisco where the furniture is unladed from the vessel as scheduled. Finally, the shipment arrives at Company A's storage on February 20, where it will stay until ready to move to Company A's showrooms. Which of the following is the earliest possible date of entry for this merchandise?

February 19 Reason: Earliest date of entry is arrival in port limits. Citation: 141.68(e)

The chemical compounds, petroleum coke and petroleum bitumen, are classified under HTS heading 2713. What additional information must an invoice covering a shipment of these goods contain?

Intended use and Chemical Abstracts Service (CAS) number Reason: There is a list of goods which need additional information on the invoice in order to import. The list is in 141.89. This area has been tested several times over the years. not every year, but fairly often. Citation: 141.89(a)

In regards to a power of attorney, what legal status of a grantor is limited to a specific time period from the date of execution per the Code of Federal Regulations?

Partnership Reason: Partnership POA's are valid for only two years. Citation: 141.34

Which of the following principal types of power of attorney are limited to a period not to exceed 2 years from the date of execution?

Partnership Reason: Repeat question area. Partnership POA is valid for only two years. Citation: 141.34

Which power of attorney principal is a "nonresident" entity?

Reason: CBP refers to foreign companies as "Non Residents" . There is a specific regulation that lists who is a non resident. 19 CFR 141.31(d) allows a a corporation incorporated in any jurisdiction within the Customs territory of the United States or in the Virgin Islands of the United States. Guam is not part of the CBP territory even though the United States may possess Guam. Citation: 141.31(d)

An individual who qualifies as an importer of record under 19 USC 1484 may authorize an un paid agent to enter merchandise on their behalf, so long as ___________________. (Tom Note: Usually the cite to a US law is irrelevant, so don't panic when you see 19 USC 1484)

The individual is not a regular importer, the appointment is for a single non-commercial shipment, and the authorization is made by executing a power of attorney. Reason: The regulations allow a person who is not a regular importer to appoint someone else to make entry. Like you could appoint your neighbor to go clear an import for you. AS long as it is not a commercial import, a POA is executed, and you are not a regular importer. Citation: 141.33

Which piece of information is NOT a requirement on a commercial invoice?

An itemized list by name and amount of packing, cases, containers, and inland freight to the port of exportation, if included in the invoice price, and so identified. Reason: 141.86 (a)(1), (a)(7), (a)(8), (a)(9), (j). See the list of items required on invoices. The answer is not one of the issues needed for an invoice. Citation: 141.86(a)

As defined in the Customs Regulations, what does "released conditionally" mean?

Any release from CBP custody before liquidation. Reason: "Released conditionally" means any release from CBP custody before liquidation. Citation: 141.0a

The Danube Trading Company (Danube Trading) arranges for the importation of monosodium glutamate ("MSG") for customers in the U.S., including the Saucy Seasonings Corporation (Saucy Seasonings). Danube Trading is not the seller or buyer of the MSG and does not qualify as importer of record. On an entry of MSG, Danube Trading's customs broker mistakenly listed Danube Trading as the ultimate consignee (as well the importer of record) on the entry summary instead of Saucy Seasonings, the actual owner. If Danube Trading wants to be relieved from statutory liability for the payment of increased and additional duties on the entry, it must declare at the time of the filing of the entry summary or entry documentation that it is not the actual owner of the merchandise, furnish CBP with the name and address of Saucy Seasonings, and file with CBP, either at the port of entry or electronically within ninety (90) days from

CBP Form 3347 Reason: CF 3347. An "Actual Owner's Declaration" is used to change the importer of record after entry. This form must be filed within 90 days of the date of entry. Note you cannot change IOR with a PSC (Post summary correction, which we will study later) Citation: 141.20

To amend the actual owner identified on an entry summary filed with CBP, a CBP Form ______ must be submitted within 90 days from the date of entry.

CBP Form 3347 Reason: Use our forms list to answer this question. Actual owner declaration is a method to change the importer of record on an entry. It is the only way I know that changing the importer of record (IOR) can be done. The form must be filed within 90 days of the date of entry Citation: 141.20

___________ is used to give power of attorney to conduct Customs business on behalf of another?

CBP Form 5291 Citation: 141.32

What form is used for giving power of attorney to transact Customs business?

CBP Form 5291 Reason: CF 5291 is the CBP form for POA Citation: 141.32

_______is used for giving power of attorney to transact customs business.

CBP Form 5291 Reason: CF 5291 is the POA form provided by CBP. See our forms list in our book. Citation: 141.32

Which CBP Form may be used for giving power of attorney (POA) to transact customs business?

CBP Form 5291 Reason: See or forms list and example. CBP Power of Attorney form is CF 5291. CBP provides CF 5291, but you can create your own POA. See 141.32 and notice how small the form is compared to CF 5291. Citation: 141.32

Regulation_____states that "All powers of attorney may be granted for an unlimited period of time with the exception of a partnership power of attorney which is limited to a period not to exceed 2 years from the date of execution."

19 CFR 141.34 Citation: 141.34

All powers of attorney may be granted for an unlimited period of time with the exception of a partnership power of attorney, which may not exceed 2 years from date of execution. Which regulation is CORRECT?

19 CFR 141.34 Reason: Data chase. Go find the regulation. Citation: 141.34

Which regulation states that all powers of attorney may be granted for unlimited duration except for a partnership power of attorney, which may not exceed two (2) years from date of execution?

19 CFR 141.34 Reason: This is just data chase. You need to review each section cited to see if it answers the question. POA's from a Partnership are valid for only two years from execution. Citation: 141.34

Which regulatory section defines the "time of entry" when merchandise is released under the immediate delivery procedure?

19 CFR 141.68 Reason: Time of entry or date of entry for various issues is set out in 141.68 Citation: 141.68(c )

A Customs Power of Attorney issued by a partnership shall be limited to _____________ year(s).

2 Reason: Always tested. A POA from a partnership only lasts two years. Citation: 141.34

Powers of attorney issued by a partnership shall be limited to a period not to exceed ____________ years from the date of execution. All other powers of attorney may be granted for an unlimited period.

2 Reason: POA for partnership is valid for 2 years. Citation: 141.34

Powers of attorney issued by a partnership shall be limited to a period not to exceed _________from the date of execution.

2 years Reason: Partnership POA's are valid for 2 years. Citation: 141.34

Powers of Attorney issued by a partnership shall be limited to a period not to exceed ____________ from the date of execution.

2 years Reason: Repeat question. Partnership POA is valid for 2 years. Citation: 141.34

Which of the following is an example of bulk cargo?

500 tons of grain stowed loose in the hold of a cargo vessel Reason: Loose stored grain on a ship is bulk cargo. NOT SURE WHERE TO PUT THIS QUESTION. IT IS A LITTLE RANDOM. Citation: 4.7(b)(4)(i)

CBP Form __________ may be used for giving power of attorney to transact Customs business.

5291 Reason: CF 5291 is a POA form from CBP. Use our forms list to answer this question. Citation: 141.32

Where a limited partnership is the Grantor of a power of attorney ______________, must accompany the power of attorney.

A copy of the partnership agreement Reason: Copy of Partnership agreement must be included by the importer to the broker as part of the POA. Citation: 141.39(a)(2)

Where a limited partnership is the Grantor of a power of attorney, a __________must accompany the power of attorney.

A copy of the partnership agreement Reason: For some reason a copy of the partnership agreement must be p[art of the POA signed by a limited partnership. Citation: 141.38

Which of the below is FALSE concerning a Power of Attorney?

A power of attorney executed by a nonresident principal shall not be accepted if the agent designated thereby is a resident and is authorized to accept service of process against such nonresident. Reason: Complicated sentence. If a non resident executes a POA, there needs to be an agent for service of process. Citation: 141.36

Which of the following statements is INCORRECT regarding a power of attorney?

A power of attorney must identify only nonresident principals. Reason: CBP answer was only non resident principals. My answer was a statement to accept service of process against a non resident, and I think I am right. There is no requirement that a POA include a statement about accept service of process. UNLESS the importer is a non resident. For example, see 141.32 which is an acceptable form for POA for CBP. There is no similar language in the statutory POA form Citation: 141.31 (d)

What is a customs broker required to have in order to conduct customs business on behalf of others?

A valid power of attorney Reason: A CB must have a Power of Attorney signed in order to conduct customs business on behalf of a client Citation: 141.46

When may a power of attorney be revoked?

At any time by written notice given to and received by the Port Director Reason: A POA can be revoked by written notice given to and received by CBP. Citation: 141.35

Which of the following is the official regulatory process to revoke a power of attorney?

At any time by written notice given to and received by the Port Director Reason: No approval by CBP is required, but if the POA is revoked, written notice of the revocation must be provided to CBP Citation: 141.35

When may a Power of Attorney (POA) be revoked?

At any time by written notice given to and received by the port director Reason: In order to revoke a POA, written notice must be given and received by the port director. I think the regulation actually states received by CBP... Citation: 141.35

Which one of the following actions CANNOT be taken on merchandise after liquidation of the entry becomes final?

Demand for return of merchandise Reason: A demand for the return of merchandise to CBP custody shall not be made after the liquidation of the entry covering such merchandise has become final. Citation: 141.113(h)

Dutiable merchandise imported and afterwards exported, even though duty thereon may have been paid on the first importation, is liable to duty on every subsequent importation into the Customs territory of the United States, EXCEPT: (Note, CBP screwed this question up) A

Domestic animals taken abroad for temporary pasturage purposes and returned within 11 months Reason: CBP SCREWED THIS ONE UP. CBP official answer is Domestic animals taken abroad. But the regulations state 8 months not 11 months. Students who protested this question received credit from CBP. Citation: 141.2

Which of the following is NOT an exception to the requirement that estimated duties shall either be deposited with CBP at the time of the filing of the entry documentation or the entry summary documentation when it serves as both the entry and entry summary (or be transmitted to Customs according to the statement processing method found in the applicable Customs regulations)?

Entry for consumption Reason: Estimated duties shall be deposited for basic consumption entry. Each other option really is not an entry or no duties are deposited at time of entry for some reason. Citation: 141.101(a)-(e)

Importer ABC Inc. is importing widgets from Canada to the United States. The company hires LMN Logistics, a freight forwarder (FF), to move the widgets from Vancouver, BC to Seattle, WA. LMN Logistics contracts with licensed Customs broker, XYZ Brokers, in Seattle to file the Customs entry. Which entity does NOT have the right to make entry?

LMN Logistics Reason: Who can make entry? An owner, purchaser, or broker when hired to do so. A nominal consignee may not make entry. A nominal consignee is a freight forwarder. A nominal consignee may hire a broker to make entry as long as the broker puts himself as the importer of record. Citation: Right to Make Entry Directive

Which of the following is required when importing iron or steel classifiable under Chapter 72 or headings 7301 to 7307 HTSUS?

Mill certificate containing percentage by weight of carbon or any metallic elements contained in the imported products Reason: Repeat question area. Certain products listed in 141.89 have additional invoice requirements. Some additional information that must appear on the invoice. This has been an area repeatedly tested by CBP over the years. Citation: 141.89(a)

Are corpses subject to the provisions of the Harmonized Tariff Schedule of the United States (HTSUS) and therefore required to be entered?

No, corpses are not goods subject to the provisions of the HTSUS and are not required to be entered. Reason: Corpses and accompanying flowers and coffin are not subject to entry requirements. Citation: 141.4(a)

An individual who qualifies as an importer of record under 19 U.S.C. 1484 has the legal authority to appoint an agent to clear merchandise in his name, provided the importer is _____________. (Hint: You need to search the CFR with the computer to find this answer. Search "not a regular importer")

Not a regular importer, the appointment is for a single non-commercial shipment, and the agent is unpaid Reason: This answer appears in 141.33 about granting POA to non broker. And it appears in the Directive on right to make entry. I recommend that you use the search function on the PDF searchable CFR provided on the Testing computer. I do not know how a person could have figured out where to find this answer without searching via the computer. The question is about appointing a non broker to make entry on a non commercial import. Citation: Right to Make Entry 5.14.1

A duly licensed broker has a power of attorney (POA) on file from Valley Computer Co., Inc. (Valley, Inc.), a publicly traded California corporation. Michael Valley called the broker and advised that he has reorganized Valley, Inc. and it is now a privately held corporation, incorporated in Delaware and it is also called Valley Computer Co., Inc. (Valley Delaware). Michael Valley, in his capacity as President of Valley Delaware, wants the broker to clear a shipment on an ocean cargo ship that will arrive in 20 days. Before entry can be filed, what action must the broker take regarding the POA?

Request a new POA from Michael Valley and the Delaware corporation named Valley Computer Co., Inc. Reason: A new POA is needed to work for the new company. These are distinct legal entities. Citation: 141.46

What is the latest date CBP can demand that the following shipment be returned to CBP custody? A shipment of textile products claiming country of origin Hong Kong arrived on March 7, 2022 and was released on March 8, 2022. The entry summary was filed on March 18, 2022. On March 21, 2022, the Center director finds that the textile product is not entitled to admission into the commerce of the United States because the country of origin was not accurately represented as the entry summary should have listed People's Republic of China as the country of origin

September 4, 2022 Reason: CBP has up to 180 days from date of release to demand re-delivery of textiles for country of origin marking issues or Origin NOT Accurately represented. at entry . So, count 180 days from March 8th. September 4th was the only answer that made sense. Some people will take a calendar to the exam to help with counting days. I can not remember which months have 31 days. Citation: 141.113(b)

What additional information must be provided on invoices for plastic sheets classified in heading 3920, HTSUS?

Statement as to whether the plastic is cellular or non-cellular; specification of the type of plastic; indication of whether or not flexible and whether combined with textile or other material. Reason: Repeat question area. Certain types of products require additional information on the invoice. See the list in 141.89. Citation: 141.89(a)

Which of the following may a licensed organizational broker appoint as a subagent for a resident importer (principal) under a power of attorney that contains express authority to appoint subagents?

The broker's licensed officer Reason: If you read the answers, it does not make sense for a broker to appoint three of these people as a subagent - only another licensed broker or employee in his own office according to regulation. A broker does not appoint the PD to file his entries!!Weird one time question. I have not added this to the study guide. I am not sure Citation: 141.43

Which answer below identifies all circumstances whereby a U.S. Customs and Border Protection (CBP) conditional release is considered terminated for food, drugs, devices, cosmetics, and tobacco products imported pursuant to section 801(a) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 381(a)], as amended?

The conditional release has not been extended in accordance with 19 C.F.R. 141.113(c)(2) and: (1) the FDA issues a notice of refusal of admission; or (2) the FDA issues a notice that the merchandise may proceed; or (3) more than 30 days have passed since the date of release. Reason: The answers refer you to 141.113. Citation: 141.113(c)

Under which circumstance may an individual who qualifies as an importer of record under 19 USC 1484 authorize an unpaid agent to enter merchandise on their behalf? (hard question)

The individual, a person in the United States who is not a regular importer, is receiving a non-commercial shipment, and authorizes the unpaid agent in writing using power of attorney language. Reason: Hard question. An individual who is not a regular importer may appoint another individual as his unpaid agent for Customs purposes by executing a power of attorney applicable to a single noncommercial shipment. This is specific to a one time NON commercial import. This is kind of like asking your neighbor to handle an import for you. Citation: Right to make entry directive and 141.33

If a power of attorney is revoked, how long must a licensed Customs Broker retain the power of attorney and letter of revocation?

The later of five (5) years after the date of revocation or five (5) years after the date the client ceases to be an "active client." Reason: revoked powers of attorney and letters of revocation must be retained for 5 years after the date of revocation or for 5 years after the date the client ceases to be an "active client" Citation: 111.23(b)

A person claiming an exemption from entry for undeliverable articles under General Note 3(e), HTSUS, must submit a certification. The certification must contain all the following conditions EXCEPT:

The merchandise was refused as defective by the foreign consignee. Reason: This question is about items exempt from entry requirement. Listed in HTS General Note 3(e). And there is information in 141.4 as to what must be done when claiming that the item is exempt from entry requirements. Citation: 141.4(c )(1)

A nonresident corporation, which is not incorporated within the customs territory of the United States or in the Virgin Islands of the United States, wishes to enter merchandise for consumption. The nonresident corporation will not file the entry from a remote location pursuant to subpart E of Part 143 of title 19 of the C.F.R. In order to enter the merchandise for consumption, which of the following is CORRECT?

The nonresident corporation must have a resident agent in the state where the port of entry is located who is authorized to accept service of process against that corporation. Reason: A nonresident corporation must have a resident agent in the state where the port of entry is located Citation: 141.18

Which of the following circumstances requires a separate entry for any portion of a split shipment?

The portion of merchandise that arrives twelve calendar days after the first portion Reason: In order to process a split shipment under one entry, all product must arrive at the same port of entry within 10 CALENDAR days of the first arrival of goods. Not a common question area. Citation: 141.57(a), (b)(3), (d)(2), (i)(1)

A separate entry for any portion of a split shipment is required for which of the following:

The portion of the shipment which results in the application of different duty rates for merchandise classifiable under the same subheading of the Harmonized Tariff Schedule of the United States (HTSUS) Reason: (CBP also gave credit for the portion of the shipment that arrived ten calendar days after the first portion) So, a separate entry is required when a portion of a split entry is subject to a different duty rate than other merchandise in the same shipment but with the same classification. Citation: 141.57(i)(2)

Peter Davis is the Import Manager of ABC Imports. He hires XYZ Brokers to clear shipments for ABC Imports. ABC Imports is a limited partnership under state law. Which of the following is REQUIRED as part of the power of attorney from ABC Imports?

The signature of a general partner, the names of all the general partners, and a copy of the partnership agreement. Reason: A POA for a limited partnership must be signed by a general partner, list the names of the general partners, and have a copy of the partnership agreement attached. Citation: 141.39(a)(2)

Per Section 19 CFR Part 141, which of the below is TRUE?

When merchandise is not imported by a common carrier, possession of the merchandise at the time of arrival in the United States shall be deemed sufficient evidence of the right to make entry Reason: Possession of goods by other than common carrier is sufficient evidence of right to make entry. Imagine an APPLE iphone factory in Mexico and APPLE has its own truck drive across the border. Apple is not a common carrier it owns the truck and phones. Citation: 141.12

Per 19 Code of Federal Regulations (19 CFR) Section 141, which of the below is TRUE?

When merchandise is not imported by a common carrier, possession of the merchandise at the time of arrival in the United States shall be deemed sufficient evidence of the right to make entry. Reason: Possession by other than common carrier is sufficient for evidence of right to make entry. AS an example, if APPLE brings cell phones from a factory in Mexico in their own truck, possession is sufficient proof of right to make entry. The APPLE truck is not a common carrier like fed ex. Citation: 141.12

When must Form 3347, Declaration of Owner, be filed?

Within 90 days from the time of entry Reason: CF 3347 Actual Owners Declaration (Declaration of Owner) must be filed within 90 days of the date of entry. Assuming you are using this as part of your entry process, which is very rare. Citation: 141.20(a)