Sure, you
know that it is important to keep business records, but did you know that it is
against the law not to?
Importers are
mandated under the law, and specifically under 19 U.S.C. 1509(a)(1)(A)
and 19 CFR Part 163, to keep records for 5 years from the date of entry, and to
make them readily available in the event Customs requests to review a
transaction.
A primary issue as it relates to Customs and Recordkeeping is the ability to locate those records tracing backwards from the Customs Transaction.
Luckily, most
of the records that are required to be kept for Customs purposes are the same
as those normally kept for business and tax purposes.
Those that
need to be kept include the
- - Commercial
Invoice
- - Packing
List
- - Bill
of Lading or Waybill (e.g., Air, Rail)
- - Entry
Summary
As good
practice, proofs of payment not only for the merchandise itself, but for the
freight and customs broker fees, along with their invoices, together with any
other declarations filed, such as a US Dept. of Fish and Wildlife Declaration
form, a Statement of Non-Reimbursement form for an anti-dumping duty, or an
Interim Footwear Invoice.
Every effort
should be made to maintain records on-site going back at least 1 year, or such
longer period as storage will permit. In
addition, when records are sent off-site for storage, a log should be kept
identifying the records, where they are archived, and how to retrieve them.
Remember, the
proper preparation and maintenance of complete and accurate transaction
documentation is essential to both good commercial operations as well as
Customs compliance.
Questions/comments? Post below or email me at
clark.deanna@gmail.com
Hi Deanna,
ReplyDeleteRegarding the length of time, to the "five years from the date of entry", I would add "or the creation of a new record". In other words, if you receive a CBP Form 28 (Request for Information), you have to reset the 5-year clock. (19 CFR 163.4)
Jim Dickeson
Import Export Geeks
Hi Jim,
ReplyDeleteThanks for your substantive comment, contributions are always appreciated!
ciao ciao,
Deanna
Hello Deanna,
ReplyDeleteGreat blog with useful information. Very helpful for those of us who have no idea where to start. Keep up the good work.
Line
Hi Line,
ReplyDeleteGlad you are finding the blog useful! If you have other topics you are interested in reading about, feel free to pass the topic along and I'll try and write about it.
ciao ciao,
Deanna