Attachment to Circular ENT-1-AC issued July 1, 1970 to provide guidelines for the implementation of the Monthly consolidated Entry of Nondutiable Merchandise.
This procedure is a modification of the exiting immediate delivery system to provide for the optional filing of monthly entries to cover high volume, repetitive shipments of nondutiable merchandise. (High volume, repetitive shipments means at least 2 shipments a week or 7 shipments a calendar month. This criterion may be considered the minimum number of shipments necessary to qualify for monthly entry.) Its successful implementation is dependent on timely and proper documentation and strict, efficient control. The current I.D. procedures provided for by section 8.59 of the Customs Regulations and Bureau Circular ENT-1-AC of April 18, 1968, form the basis for the monthly entry procedure to the extent that all criteria relative to the operation of the monthly entry concept are derived through the modification and logical extension of the immediate delivery program.
As a result of the test projects using the monthly entry, certain guidelines and procedures were found necessary in order to achieve the desired end results. Accordingly, the Bureau has made the decision to limit the monthly entry procedure to free and conditionally free merchandise, consigned from one shipper to one importer thru one port. In instances where the services of a customhouse broker are utilized, it is necessary that only one broker be used for transactions covered by a single monthly entry. If, during any month, a new broker's services are required, a new monthly entry procedure must be commenced. The merchandise must be of such a nature that uniform packing specifications will prevail throughout the month. The monthly entry program's necessarily limited to the merchandise which is not subject to absolute quota or any other restrictions which by their nature require processing and documentation on a daily basis. In addition, merchandise, the duty-free status of which is conditional on such certifications, declarations, etc., as provided for by regulation must be so documented at the time of entry.
Purpose and Objectives
The monthly entry of high volume, repetitive shipments of nondutiable merchandise is designed to further the objectives outlined in the attachment to Bureau Circular ENT-1-AC of April 18, 1968, and provide a realistic means for coping with the tremendous influx of nondutiable goods in a manner which will facilitate entry and clearance without compromising enforcement and control.
The director at the port of entry will determine the advisability of implementing the monthly entry procedure in each individual case based on the sufficiency and adaptability of the format submitted at the time of application and his knowledge of the past performance of the parties involved. He will take the necessary precautions to ensure that the implementation of this procedure will not cause the regulations of other government agencies to be circumvented in any manner.
- An importer of broker wishing to utilize the monthly entry procedure must make application to the director at the port through which the merchandise under consideration will be entered. The format of the application shall include:
- A detailed description of the merchandise to be shipped along with a sample if necessary for classification purposes.
- The identity of the seller and importer and their business relationship.
- The points of origination of the goods.
- Copies of pertinent orders, instructions and correspondence between the shipper and importer including an indication of the expected volume and number of shipments per month.
- The applicable term I.D. bond number.
- Sample copies of documents which will be employed under the monthly entry procedure including:
- Single shipment manifest and right to make entry
Single shipment packing list or packing list/invoice
Consolidated master manifest to be filed at time of entry
- The monthly master invoice
- Each shipment during the calendar month will be accompanied by an original and duplicate of a manifest which in addition to the data normally required shall:
- Be conspicuously identifiable as a "monthly entry"
- Be consecutively numbered to indicate the shipment covered.
- Be noted with the word "FINAL" after the number, if manifest covers final monthly shipment.
- Indicate the appropriate I.D. bond number
- Have the right to make entry incorporated on or attached thereto.
The above documentation applies specifically to overland arrivals. In the case of air and sea shipments, an original and duplicate of the inward manifest will not be required. Instead, the carrier's certificate or combination packing list/notice will be utilized.
- Each shipment shall be accompanied by a descriptive, detailed packing list or packing list/invoice in duplicate (may be combined with manifest), which shall be numbered to correspond with the shipment number appearing on the manifest.
- Upon arrival of the shipment, the examining officer will verify the "monthly" status of the shipment by comparing the manifest/packing list with the approved list of importers granted monthly entry on file at the station. He will then proceed with normal I.D. procedures with the exception that endorsement will be made on both the manifest and the packing list. The endorsed originals of the packing list will be routed to the broker or importer to be filed with the entry. The duplicate copies of the packing list will be maintained in an appropriate file along with the endorsed manifests until entry is presented. The duplicate manifests are sent to the broker or importer attached to the endorsed packing lists to be filed with the entry.
- The monthly entry must be filed within 10 calendar days after the close of the preceding calendar month. The entry must include all packing lists or packing list/invoices used for release under I.D., plus a master invoice covering the total amount released during the calendar month. The entry package will also contain a master manifest consolidating the individual shipment manifest which shall be attached thereto. The entry control clerk will compare the entered documents with those in the control files to determine the accuracy of the consolidated manifest as to entered amount. The sufficiency of any documents required for free entry of the merchandise will also be verified at this time, and bond charges taken where appropriate.
- After processing by the entry control clerk the entry package, if acceptable, will be numbered and routed to the appropriate commodity team for processing and statistical verification regardless of the status of the merchandise under Bureau Circular APP-1-APP, November 7, 1967.
- For statistical purposes, the Bureau of the Census requires that the monthly entry separately group and identify the shipments according to the mode of transportation. In addition, monthly entry statistical copies must be so identified and mailed by Customs under separate cover to reach Census by the 15th of the month. Obviously this allows very little time in which to verify the statistical copy. Expeditious handling of the entry in this respect is therefore essential.
- The District Director of Customs concerned may suspend an importer's monthly entry authorization for good and sufficient cause. When such action is taken, the regional office shall be notified of the circumstances in each case in order that he may consider whether the suspension should be extended to other ports in the region, with notification to the Bureau if he believes similar action should be taken in other regions.