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CBP Clarifies Recent Ruling on In-Bond Moves, in Response to NCBFAA Concerns

CBP offered some clarification to the National Customs Brokers & Forwarders Association of America after the trade group said it is concerned about a recent ruling involving bonded carriers. CBP recently ruled that bonded merchandise can only be carried by non-bonded parties if the bonded carrier first takes physical delivery of the merchandise and obligates its bond to a non-bonded carrier (see 2005290018). “CBP clarified that in the ruling scenario, the goods were not under bond when they were picked up,” the NCBFAA said in a Sept. 16 email. “When a bonded carrier initiates a bonded move, the bonded carrier must start with the goods in its possession. It could have then authorized a third party to act under their bond on any subsequent moves.”

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The trade group said CBP approved of its description before it was emailed out. “In summary, most of the current processes being used with a third party trucker under another's carrier bond are acceptable as long as the goods are received from an already bonded partner such as an ocean carrier terminal, an airline terminal, a [container freight station], a [centralized examination station], an [foreign-trade zone], or a bonded warehouse and there is an implied contract agreement with the carrier bondholder,” the NCBFAA said.