CSMS Message: 05-001131

MEMORANDUM FOR: DIRECTORS, FIELD OPERATIONS

FROM: EXECUTIVE DIRECTOR, TRADE COMPLIANCE AND FACILITATION
OFFICE OF FIELD OPERATIONS

SUBJECT: INTERIM GUIDANCE ON EXPORT DOCUMENTATION REQUIREMENTS
FOR TEMPORARY IMPORTATION UNDER BOND (T.I.B.)

THIS MEMORANDUM REPLACES THE GUIDELINES PROVIDED IN THE TREASURY
IMPORTATION UNDER BOND (T.I.B.) HANDBOOK, CIS HB 3500-03A, ISSUED JULY
2000. THE OFFICE OF FIELD OPERATIONS (OFO) IS IN THE PROCESS OF REVISING
THIS SECTION OF THE HANDBOOK. THIS DOCUMENT WILL SERVE AS INTERIM
PROCEDURES REGARDING THE EXPORT DOCUMENTATION REQUIREMENTS FOR T.I.B.

IT IS THE POLICY OF CUSTOMS AND BORDER PROTECTION (CBP) THAT ALL T.I.B.
PROOFS OF EXPORT MUST CONTAIN ALL OF THE LEGAL ELEMENTS OUTLINED IN THIS
INTERIM MEMORANDUM. T.I.B. PROOFS OF EXPORT THAT DO NOT, INDIVIDUALLY OR
COLLECTIVELY, CONTAIN ALL OF THE LEGAL ELEMENTS LISTED BELOW WILL RESULT
IN THE EXPORT DOCUMENTATION BEING RETURNED TO THE BROKER/IMPORTER.

IF A BILL OF LADING WITH ORIGINAL SIGNATURE FROM THE EXPORTING CARRIER
IS NOT USED AS THE SUPPORTING DOCUMENTATION FOR EXPORTATION ON THE
T.I.B., CBP WILL ACCEPT CERTIFIED COPIES. CERTIFICATION MUST BE MADE BY
THE EXPORTER, CLAIMANT OR AUTHORIZED AGENT AND MUST STATE THAT THE BILL
OF LADING OR OTHER DOCUMENTATION ESTABLISHING EXPORT IS A TRUE COPY OF
THE ORIGINAL DOCUMENT.

CERTIFICATION IN THIS INSTANCE REQUIRES THAT THE EXPORTER OR CLAIMANT
SIGN AND DATE THE DOCUMENT AND INCLUDE A BRIEF STATEMENT THAT THE
DOCUMENT IS A TRUE COPY OF THE ORIGINAL. THE FOLLOWING CERTIFICATION
MUST BE USED:

"I CERTIFY THAT THE BILL OF LADING IS A TRUE CORRECT COPY."

____________________________________
(NAME)

________________________________
(EXPORTER/CLAIMANT/AGENT)

THIS CERTIFIED EXPORT DOCUMENT WOULD BE ACCEPTED AS EVIDENCE OF
EXPORTATION WHEN SUBMITTED FOR T.I.B CLOSURE.

A COPY OF A BILL OF LADING THAT DOES NOT SHOW EVIDENCE OF EXECUTION BY
EACH OF THE PARTIES (EXPORTING CARRIER AND SHIPPER) CANNOT BE CERTIFIED
AS A TRUE COPY OF THE EXECUTED BILL OF LADING. IF THAT COPY DOES NOT
(1) REFERENCE THE CARRIER'S RECORDS, (2) IDENTIFY THE INDIVIDUALS WHO
EXECUTED THE CONTRACT, AND (3) SHOW THE RECEIPT AND DISPOSITION OF THE
GOODS COVERED BY THE BILL, IT IS INADEQUATE AS EVIDENCE OF EXPORTATION
BECAUSE IT DOES NOT CONTAIN THE NECESSARY INFORMATION ON THE SUBSTANCE
OF THE TRANSACTION. IT WOULD BE DIFFICULT OR IMPOSSIBLE FOR CBP TO
VERIFY THE BONA FIDES OF THAT DOCUMENT.

A PHOTOCOPY OR FAXED COPY ORIGINALLY SIGNED OR ORIGINALLY CERTIFIED BY
THE EXPORTING CARRIER OR THE EXPORTING CARRIER'S AGENT MAY BE USED IF
THE CLAIMANT OR AUTHORIZED AGENT CERTIFIES THAT IT IS A TRUE AND
ACCURATE COPY.

ALL PROOF OF EXPORT (INCLUDING BILLS OF LADING) SUBMITTED TO CBP,
WHETHER ORIGINALS OR CERTIFIED MUST CONTAIN THE FOUR NECESSARY DATA
ELEMENTS BELOW:

1. FACT/DATE OF EXPORT
2. INTENT TO JOIN THE COMMERCE OF ANOTHER COUNTRY
3. IDENTITY OF THE EXPORTER
4. QUANTITY AND DESCRIPTION OF MERCHANDISE EXPORTED

PLEASE ENSURE THAT ALL DOCUMENTATION IS SUBMITTED TO FULFILL THE ABOVE
MENTIONED FOUR LEGAL CRITERIA'S FOR PROOF OF EXPORT.

IF YOU SHOULD HAVE ANY QUESTIONS CONCERNING THIS ISSUE, PLEASE CONTACT
SHERRI HOFFMAN, CHIEF, ENTRY AND DRAWBACK MANAGEMENT BRANCH, AT
(202) 344-2684 OR JENNIFER DOLAN, PROGRAM SPECIALIST, AT (202) 344-2568.

/S/

VERA ADAMS