CBP has issued a CBP Form 28, Request for Information, for the Temporary Importation under Bond (TIB) entry that ABC Customs Brokers, LLC (ABC) filed for the importer of record (IOR) Creasioni Marchesa. The IOR does not have an Automated Commercial Environment (ACE) account. CBP has issued the electronic CBP Form 28 dated October 28, 2022, with a 30-day response time and mailed a courtesy copy only to ABC. CBP did not provide the IOR with a copy of the CBP Form 28. Note from the facts above, that ABC has a valid Power of Attorney with the IOR. Which of the following is FALSE?(2022 October No.10 – Practical Exercise)
A) Under the facts provided, the IOR did not receive proper notice of the CBP Form 28, Request for Information, because CBP failed to send a paper copy to the IOR in Italy or to ensure electronic delivery to the IOR in Italy.
B) If the IOR fails to respond to the CBP Form 28, Request for Information, within the 30-day response time, CBP may file a liquidated damages case against the IOR’s bond for not filing a timely response.
C) In a valid Power of Attorney agreement, where a nonresident importer, such as an IOR based in a foreign country, is the principal, the agent (Customs broker) is designated to receive service of process on behalf of the nonresident importer; therefore, sending a copy of a CBP form to the agent has the effect of sending a copy to the principal.
D) In a valid Power of Attorney agreement, where a corporate nonresident importer, such as corporation based in a foreign country, is the principal, the agent has an obligation to attach supplemental documentation establishing the authority of the grantor to sign the Power of Attorney agreement on behalf of the principal.
E) ABC may respond on behalf of the IOR by providing the information requested on the CBP Form 28 by uploading the documents to Document Imaging System (DIS), through the ACE Portal, or by mailing the response to the requester indicated on the CBP Form 28.
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The Answer is: A
Citation: ACE BRPD, 19 CFR 141.36, 113.62(c),
172.1, and 141.37
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