At first sight it is a fairly simple question to answer but in practice it is not. U.S. Customs and Border Protection call it “Right to make an entry” under Section 484, tariff act of 1930, and clearly defined the parties that can legally import into the United Sates.
This section provides that only the “importer of record” has the right to make an entry. The importer of record is defined as the 1) owner or 2) purchaser of the goods, or when designated by the owner, purchaser, consignee,3) a licensed Customs broker.
The term “owner” and “purchaser” include any party with a financial interest in a transaction, including but not limited to, the actual owner of the goods, the actual purchaser of the goods, a buying or selling agent, a person or firm who imports on consignment, a person or firm who imports under loan or lease, a person or firm who imports for exhibition at a trade fair, a person or firm who imports goods for repair or alteration or further fabrication, etc. Any such owner or purchaser may make an entry on his own behalf or may designate a licensed Customs broker to make an entry on his behalf. The terms “owner” or “purchaser” would not include a “nominal consignee” who effectively possesses no other right, title, or interest in the goods except as he possessed under a bill of lading, air way bill, or other shipping document.
The principal purpose of current section 484, tariff act of 1930 is to prevent mere nominal consignees, other than licensed Customs brokers from filing entries and engaging in the transaction of customs business without a license.
But why is so important this concept? As your custom broker expert advising many clients on these issues, it can be narrow down to:
Security and legitimate transactions, with the threat of identity theft anyone can be an importer of record by fraudulently or illegally assuming other identity, or by fraudulently or illegally utilizing an importer of record information for other importer goods. Criminals are taking advantage by creating schemes with the sole purpose of avoiding CBP detection by ways of smuggling, counterfeit goods; avoid duties or quotas, restrictions, ect.
A new Way of doing business by unauthorized party, which It has become a more common practice and conducting customs business without a license.
Customs and Border Protection and importers are aware of these practices and have begun aggressively pursuing it.
As you custom broker expert, do you have the right to make an entry?
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Category: Directions for importing, Documentation, Logistics
