CBP Reminder for ABI Filers on Reporting Surety Codes on Bonded AD/CV Entries
According to a U.S. Customs and Border Protection (CBP) administrative message, CBP sources, and the CATAIR, if a filer reports a bondable1 AD/CV entry through the Automated Broker Interface (ABI), and a bond (usually a single entry bond (SEB)) is used to provide security for the AD/CV liability (rather than a cash deposit), the surety code is required in order to identify who is providing the bond, as required by TD 85-145.
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For such a bondable entry, when the antidumping or countervailing bond indicator of "1" is transmitted in position 14 of the 35 record (indicating an AD case where a bond is utilized) or in position 37 of the 35 record (indicating a CV case where a bond is utilized), the surety code for the AD/CV bond in position 49-51 of the 35 record is required.
Some Filers Have Been Using a Continuous Bond Surety Code When a SEB Surety Code is Required
CBP sources state that this reminder is being issued as some ABI filers have been putting a continuous bond surety code in the 35 record, in positions 49-51, in instances when a single entry bond (SEB) is used.
CBP sources emphasize that the SEB surety code is required when a SEB is used for a bondable entry.
(A continuous bond or SEB may be used for an entry if the AD or CV duty rate is less than 5%. If the AD or CV duty rate is 5% or more, only a SEB can be used. See ITT's 07/11/03 news, 03071105, for BP summary on T.D. 85-145. )
1 A bondable AD/CV entry is an entry where bonding, rather than a cash deposit, is allowed for the AD/CV liability. AD/CV entries are typically bondable (1) during the investigative phase (i.e., until the order is issued) or (2) during a new shipper review.
CBP Adm: 05-0515 (dated 05/11/05), available at http://www.brokerpower.com/cgi-bin/adminsearch/admmsg.view.pl?article=2005/2005-0515.ADM ; alsoavailable on CBP website at http://www.cbp.gov/xp/cgov/import/add_cvd/abi_acs/surity_code.xml