Sanders Brokerage

C.B.P.  and the 9801.00 Provisions of the Tariff Schedule:  Things ebb and flow with any government agencies.  Current hot topics, catch phrases, the issues of the week frequently change.  Recently C.B.P. has impressed upon the trade (importing public) of the need for full compliance with the duty free provisions of 9801.00.  These include the return of U.S. manufactured articles, the return of goods following a trade show, circus, scientific or education endeavor abroad (perhaps in Canada), the return of goods following lease or similar use agreement while abroad, and the return of goods that were rejected or refused by the foreign recipient.

We wanted to take a few minutes and advise you information notes we took at a recent CBP meeting with Customs in Blaine regarding the above issues, and others.  We ask that you take a moment to review the following notes and the regulatory provisions.  You’ll have questions, so don’t hesitate to call or email.  As part of our regulatory responsibilties we feel it is our job to inform you of these provisions and ask that you do you very best to remain in compliance with all provisions of the law.

• 9801.00.10 – U.S. Manufactured Goods Returned to the USA
  • Manufacturers Statement of manufacture must be:
  • On the actual manufacturers letterhead
  • Signed by the U.S. manufacturer
  • And must include a statement that they made the goods
  • By the way:  CBP does call to confirm these facts.
  • For this provision goods must actually be made in the U.S.A,
    • They cannot have been advanced in value or improved in condition while abroad.
    • They cannot have been subjected to any process of manufacture while abroad.
• 9801.00.2000:  (19 CFR 10.108)
  • These goods must be sent abroad for lease or similar use agreement
  • Returned by or for the account of the ORIGINAL importer
  • Required Proof:
    • Original Entry Summary
    • Copy of Lease / Rental or similar use agreement
• 9801.00.2500: (19CFR 10.8a)
  • Requires that all 4 (four) of the criteria be met
    • Exported within 3 years of previous import, and
    • Articles not advanced in value while abroad (in Canada in our case), and
    • Good did not conform to sample or specifications, and
    • Re-imported to the ORIGINAL importer of the goods
  • Required Proof:
    • Copy of original Entry Summary (7501) and import invoice copy so proof can be confirmed.
    • Declaration by shipper
    • Declaration by owner consignee
• 9801.00.4000:  (19 CFR 10.67) Goods foreign or domestic returned from Scientific or Education studies.
  • Required Proof:
    • CBP 3311 signed by the importer, or
    • Certified B-3 entry (or Canada Customs form E-29B)
    • Declaration by Shipper
    • Declaration by Ultimate Consignee
  • NOTE:  CANADA CUSTOMS “DOES” actually Certify Canada Customs B3 entry copies!  CBP knows this and importers are instructed to not hide behind any such claim.
• 9801.00.5000 (19 CFR 10.66) Goods foreign or domestic returned from circus or menagerie
  • Required Proof:
    • CBP 3311 importer signed, and
    • CBP 4455 signed and stamped by a CBP Officer and,
    • If Animals present the original animal inventory list signed by CBP prior to departure.
• 9801.00.6000: (19 CFR 10.66) Goods foreign or domestic returned from public expo / fair / conference:
  • NOTE:  These must be a public exposition
    • If private showing or showing private office this provision does not apply (pay duty)
  • Required Proof:
    • CBP 3311 importer signed, and
    • CBP 4455 signed and/or stamped by a CBP Officer,  or
    • Certified B3 Entry