3280-013B Acceptance Of Temporary Admission Carnets

Published CBP guidance; operative status and applicability must be assessed from the retained publisher edition.

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# DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection (CBP)

CBP Directive No. 3280-013B

DATE: August 6, 2010

ORIGINATING OFFICE: FO: CCS
SUPERSEDES: 3280-013A, 2/4/2000
REVIEW DATE: AUGUST 2013

SUBJECT: ACCEPTANCE OF TEMPORARY ADMISSION CARNETS

## 1 PURPOSE.

1.1
To provide instructions for the use of ATA1 and TECRO/AIT2 Carnets for the
temporary admission of goods.3

## 2 POLICY.

2.1
The carnet refers to the document issued pursuant to the Annex to the Customs
Convention on the Carnet for the Temporary Admission of Goods (TIAS 6631) to allow
the temporary admission of certain goods, into the participating countries, in place of
the customs documents usually required. The carnet serves as both bond and entry for
articles that are subject to various customs procedures, such as temporary admission
and transportation in-bond (transit). The carnet guarantee is based on an international
agreement whereby a national guaranteeing association is held jointly and severally
liable with the carnet holder for compliance with customs procedures for which the
carnet was issued. This includes payment of any sums due in the event of non-
compliance with customs procedures, which could be in an amount equal to 110
percent of the duties. In the United States, the U.S. Council for International Business
(USCIB) is the designated organization responsible for issuing and guaranteeing any
valid carnet.

2.2 The carnet is valid for a time period of one year from the date of issuance. This
time period may not be extended and may not exceed the one-year limit. Once the
carnet has been issued, no extra items shall be added to the list of goods enumerated

1 The acronym ATA is a combination of French and English phrases "Admission
Temporaire/Temporary Admission."

2
Taiwan and the United States have a special Carnet arrangement known as the
TECRO/AIT carnet. The acronym stands for the two organizations that are parties to
the agreement: the Taipei Economic and Cultural Representative Office and the
American Institute in Taiwan.

3
Although the United States acceded to the Convention on International Transport of
Goods Under Cover of TIR Carnets there are no approved guaranteeing associations in
the United States to guarantee TIR Carnets. Consequently, TIR Carnets may not be
used in the United States.

either on the reverse of the cover of the carnet or on any continuation sheet annexed
thereto. The carnet is a singular document that may be used for multiple temporary
importations and exportations within the one-year time limit.

## 3 REFERENCES.

3.1
19 USC 1202, subheadings 9813.0020, 9813.0025 and 9813.00.50, HTSUS;
19 CFR 10, 113,114, and 143, T.D. 02-20, Section V, Paragraph G dated April 19,
2002; T.D. 69-68 dated February 26, 1969; T.D. 69-146 dated June 25, 1969; T.D. 70-
134 dated June 13, 1970; T.D. 82-116 dated June 24, 1982; and T.D. 84-213 dated
October 19, 1984; Annex to the Customs Convention on the Carnet for the Temporary
Admission of Goods (TIAS 6631).

## 4 RESPONSIBILITY.

4.1
Directors, Field Operations, are responsible for ensuring that the provisions of
this Directive are carried out effectively and uniformly throughout their areas of
responsibility.

4.2
Port Directors are responsible for ensuring that the provisions of this Directive
are followed and uniformly applied. They are also responsible for the dissemination of
the contents of this Directive to personnel within their jurisdiction.

5
SCOPE.

The carnet is acceptable for the following two categories of goods to be temporarily
entered, or temporarily entered and transported:

5.1
Professional equipment (Attachment 2, Appendix A), and

5.2
Commercial samples and advertising material imported for the purpose of being
shown or demonstrated with a view toward soliciting orders. (Attachment 2, Appendix
B).

## 6 PROCEDURES.

6.1
The carnet shall be accepted and processed in accordance with Parts 10, 113,
and 114 of the CBP Regulations (Title 19, Code of Federal Regulations) and the
instructions attached to this Directive (Attachment 1).

6.2
Claims for liquidated damages or regularization should be forwarded to:

ATA Carnet Department
U.S. Council for International Business
1212 Avenue of Americas

## New York, NY 10036

6.3
Inquiries concerning the identification and processing of liquidated damages for
failure to export timely or destroy bonded merchandise should be forwarded to the
Fines, Penalties & Forfeitures Office in the local CBP port.

## 7 MEASUREMENT.

7.1
Directors, Field Operations, shall ensure that ports under their jurisdiction are
accountable for the collection of statistics pertaining to the movement of both U.S.
issued and foreign carnets.

Thanks I. Winkel.
Assistant Commissioner
Office of Field Operations

Attachments

## ATTACHMENT 1

## INSTRUCTIONS FOR THE USE OF TEMPORARY ADMISSION (ATA and TECRO/AIT) CARNETS IN THE UNITED STATES

1\.
DEFINITIONS4

For the purpose of this Directive:

(a)
The term "IMPORT DUTIES" means customs duties and all other duties
and taxes payable on or in connection with importation and shall include
all internal revenue taxes and excise duties chargeable on imported
goods. It does not include fees and charges that are limited to the
approximate cost of services rendered.

(b)
The term "TEMPORARY ADMISSION" means temporary importation free
of import duties in accordance with the conditions established by the ATA
Convention or by the laws and regulations of the U.S.

(c)
The term "TRANSIT" means the conveyance of goods from one CBP
office to another CBP office within the customs territory of the United
States, in accordance with the conditions established by the U.S. laws
and regulations.

(d)
The term "ATA and TECRO/AIT CARNET" (Admission Temporaire-
Temporary Admission) means the document reproduced as the Annex to
the Customs Convention on the ATA and TECRO/AIT Carnet for the
Temporary Admission of Goods (TIAS 6631).

(e)
The term "PERSON" means both natural and legal persons, unless the
context otherwise requires, such as the exemption for professional
equipment. This provision should be used solely for the non-resident
natural person(s) who will use the equipment in the United States.

(f)
The term "ISSUING ASSOCIATION" means an association approved by
CBP for the issuance of ATA and TECRO/AIT Carnets in the U.S.
customs territory

(g)
The term "GUARANTEEING ASSOCIATION" means an association
approved by CBP to guarantee the payment of customs duties of goods
covered by ATA and TECRO/AIT Carnets imported into the territory of the
U.S.

4 See Articles 1 and 4, ATA Convention; and 19 C.F.R. § 114.1.

(h)
The term "GENERAL LIST" means the itemized list of goods printed on or
affixed to the reverse of the front green cover and vouchers, including all
continuation pages that are validated with a seal by the issuing
association.

(i)
The term "COUNTERFOIL" means the portion of the carnet that serves as
the Holder's receipt of the carnet transaction.

(j)
The term "VOUCHER" means the portion of the carnet that serves as the
CBP receipt of the carnet transaction.

### II. GENERAL

The temporary admission of the ATA Carnet (and the related TECRO/AIT
Carnet) is an international customs document that is backed by an international
guarantee. They were designed to simplify and streamline customs procedures
for the temporary entry of certain goods. Carnets facilitate multiple temporary
importations/exportations of goods into various countries during the period of
validity of the carnet. The period is limited to one year from the date of issuance.
Carnets simultaneously serve as the CBP entry document and bond or financial
guarantee. However, the use of carnets does not exempt the merchandise from
any applicable laws, regulations and procedures.

TECRO/AIT Carnets, used exclusively between Taiwan and the United States,
follow the same rules that apply to the ATA Carnet. TECRO/AIT Carnets are
distinguishable by the use of English and Chinese on the green cover. Also, the
countries box on the front green cover indicates only the United States and
Taiwan. Goods covered by ATA and TECRO/AIT Carnets may be exported and
re-imported simultaneously. The general list of such carnets should be identical.
The ATA and TECRO/AIT Carnets consist of green front and back covers and
counterfoils and vouchers. The counterfoil remains in the carnet and the
detachable voucher serves as the required CBP document. (See Attachment 1,
Heading IX, Processing of U.S. Carnets, under General Information).

Counterfoils and vouchers are issued in sets (exportation/re-importation and
importation/re-exportation) and should be used in sequential order. The number
of sets of counterfoils/vouchers is determined by the issuing association. They
are color-coded for ease of reference:

· Yellow counterfoils/vouchers are for use by the customs administration of
the country that issued the carnet. There are no yellow vouchers for U.S.
carnets.

. White counterfoils/vouchers are used by the customs administration of the
country where importation/re-exportation is being made.

. Blue counterfoils/vouchers are used for movement of the goods within a
country under the transit movement procedures.

A carnet also contains a General List identifying the merchandise that is being
exported, imported or transited on the carnet. The list is attached to the back of
the green front cover and each voucher. Per 19 CFR 114.3(a)(3), an English
translation shall be included when the goods covered under the carnet are
described in another language. The size of the ATA and TECRO/AIT Carnets is
8 1/2" X 11 1/2 ."

### III. ISSUANCE AND GUARANTEE

Carnets are not issued by CBP. The United States has approved the U.S.
Council for International Business (USCIB) as the guaranteeing association for
carnets. Carnets are issued by USCIB and its service providers, which have
been approved by CBP.

### IV. VALIDITY AND RESTRICTIONS

Carnets are valid for up to one year from the date of issuance. That one-year
period cannot be extended or suspended. Carnets are not accepted once the
one-year period of validity has expired.

Carnets shall not be accepted for importations by mail, nor shall they be
accepted for the importation/exportation of merchandise intended for processing
or repair in the United States. They are only to be used for the importation of
merchandise listed in 19 CFR 114.22.

Any quota merchandise imported on a carnet will be charged against the
appropriate quota category. No cancellation of the quota charge may be made
upon re-exportation.

Any merchandise which is intended to be given away, discarded or consumed is
not permitted on a carnet.

### V. DUPLICATE CARNETS

If a U.S. or foreign ATA or TECRO/AIT Carnet is lost, stolen or destroyed, the
holder may request a duplicate carnet from the office, U.S. or foreign, that issued
the document. A U.S. duplicate carnet number will be identical in all respects to
the original, with the exception that the carnet number will have a suffix of "/S."
Other carnet countries have different methods to identify duplicate carnets, e.g.
"ersatz," or "duplicate." CBP shall accept the duplicate carnet as long as it
expires on the same date as the original carnet and has the same General List.

### VI. REPLACEMENT CARNETS

CBP does not accept "replacement carnets," i.e., newly issued carnets, issued

by foreign countries. Some foreign countries, however, will accept a
replacement carnet that extends the validity of an expired original U.S. carnet.
Thus, USCIB issues such for U.S. exporters for use abroad and to document the
return of goods to the United States. A replacement carnet contains the same
General List as the original carnet and, is assigned a new carnet number and
new expiration date.

### VII. CONVERSION TO A TEMPORARY IMPORTATION BOND (TIB)

Since foreign carnets may not be extended while in the U.S., conversion to a TIB
is possible in order to keep the merchandise beyond the expiration of the carnet,
provided that the carnet has not expired. Once the TIB is substituted for a
carnet, the TIB time period is for one year with no more than one additional
extension of one year. The carnet number should be listed on the TIB and the
merchandise description, weight (if applicable), and value (in U.S. Dollars)
should match the carnet General List as closely as possible.

### VIII. INFORMATION CONTAINED IN THE CARNET

#### General

The issuing association will complete the general information on the front green
cover of the carnet. They will also complete the General List on the reverse of
the cover and vouchers, based on the information provided to it by the applicant.
The required vouchers will be completed by the holder of the carnet or their
representative.

##### A. Front and Back Green Cover Requirements

The front and back green cover of the carnet will accurately reflect the
following information:

(1)
The Name of the Issuing Association; (Box G (b));

(2)
The International Guaranteeing Chain; (back of green cover);

(3)
The countries in which the carnet may be used; (Box P);

(4)
The Guaranteeing Association in each country;

(5)
A clearly legible carnet number (which is assigned by the issuing
association) along with the number of continuation sheets; (Box G
(a));

(6)
The period of validity (up to 1 year from date of issuance); (Box G
(c));

(7)
Intended Use of Goods (For foreign carnets, this must be one of
the acceptable categories listed under 19 CFR 114.22); (Box C);

(8)
The Name and Address of the holder of the carnet (Box A);

(9)
The signatures of both the issuing association and the holder;
(Boxes I and J);

(10)
The box for "CERTIFICATE BY CUSTOMS AT DEPARTURE;

(11)

###### (Box H); Authorized representative(s) appointed by the holder; (Box B).

### B. The General List

The General List will be completed as follows:

(1)
All merchandise covered by the carnet will be entered in columns
1 through 6.

Additional spaces for certification by CBP made in column 7;

(2)
Continuation sheets (provided that space on reverse of cover and
voucher is insufficient) must be stamped by the issuing association;

(3)
In order to close the General List, the totals of columns 3 and 5
shall be entered at the end of the list;

(4)
Upon issuance of the carnet, no additional items may be added to
the General List or its continuation sheets.

### C. Counterfoils

(1)
The counterfoils remain in the carnet. They describe the action
taken by the customs officials every time merchandise enters or
leaves a country.

(2)
Pertaining to a partial/split shipment, see Section X.

D.
Vouchers

(1)
Vouchers are retained by customs administrations and serve as a
receipt of the carnet transactions. They describe the action taken
by CBP official every time the merchandise enters or leaves a
country.

(2)
U.S. carnets do not contain vouchers.

(3)
Pertaining to partial/split shipment, see Section X.

(4)
Goods that are to be imported, re-exported or transited are to be
listed on the reverse of the voucher under the same item number
allotted to them on the General List.

(5)
The goods listed on the General List voucher must be in English or
accompanied by an English translation. (This is to help facilitate
duty classification at the time of any subsequent breach of the
agreement.)

(6)
Every time a foreign carnet is to be used for importation, re-
exportation or transit, the holder or its specified representative, or
the issuing association shall complete the sections of the
appropriate voucher as follows:

(a)
Holder and Address (Box A);

(b)
Represented By (Box B);

(d)
Means of Transport (Box D);

(e)
Packing Details (Box E);

(f)
Temporary Importation or Re-exportation Declaration
(Box F);

(g)
Voucher Number (Box G);

(h)
Carnet Number (Box G (a));

(i)
The name of the issuing association (Box G (b));

(i)
The period of validity (Box G (c)).

### IX. ☒ PROCESSING OF FOREIGN CARNETS

#### General Information

The merchandise contained on the carnet must qualify for the carnet procedure,
as listed under 19 CFR 114.22, before the merchandise may be admitted. The
carnet may only be accepted for entry of merchandise itemized and described on
the General List. Every time, any or all of the merchandise covered by a carnet
is to enter or depart the United States, the carnet holder must present the carnet
to a CBP officer. The carnet should include a properly completed voucher along
with merchandise pertaining to the voucher. When only a portion of the goods
covered under the carnet is presented for importation or re-exportation, the
holder must make a declaration on the relevant voucher of those item numbers.
Import licenses or certifications for other federal, state, or local Government
agencies must be presented when required. Carnets are to be filled out in ink.
Any carnet filled out in pencil will not be accepted.

Importation

(1)
The carnet will be filed in lieu of entry documentation and entry bond.
Evidence of the right to make entry shall also be presented by the carnet
holder or representative, when necessary.

(2)
The carnet shall be reviewed for correctness and completeness. The
CBP officer will conduct the following:

a)
Confirm the carnet has not expired. If the carnet is past the
expiration date, it will not be accepted;

b)
Verify that the front green cover of the carnet has been signed by
both the holder and the issuing association;

c)
Confirm the "Certificate by Customs at Departure" has been
completed. If it has not been completed, the CBP officer shall
either:

i)
Verify the exportation counterfoil has been completed as
well as the front green cover being signed by both the holder
and issuing association. If those requirements have been
met, the CBP officer shall fill out the importation counterfoil,

ii)
Verify the exportation counterfoil has been completed, as
well as the front green cover being signed by both
the holder and issuing association. If either of those
requirements has NOT been met, the carnet will be rejected
back to the holder to obtain the necessary information from
the foreign customs authority;

d)
Verify that Boxes A, B, C, D, E and F are completed on the front of
the white importation voucher and the holder or authorized
representative has signed it;

e)
Verify that the merchandise that is to be imported matches the
merchandise described on the General List attached to the back of
the importation voucher. Discrepancies should be annotated in
Box H (d), Other Remarks.

f)
Validate that the merchandise is eligible for temporary importation
under carnet procedures listed under 19 CFR 114.22. Some
questions to ask when validating the merchandise:

i)
Are the goods samples? If so, will they be sold or offered for
sale?

ii)
What does the importer intend to do with the goods in the
United States?

iii)
Are the goods professional equipment?

A)
If so, is the carnet holder the non-resident natural
person who will use the goods temporarily in the
United States?

B)
If not, is the non-resident natural person that is
representing the foreign based organization identified
on the carnet?

C)
If the equipment is crew-operated, is the crew
supervisor identified as the non-resident natural
person who will direct the operations of the crew?

D)
Because the entry of professional equipment is a
personal exemption, the carnet must list the natural
person who is visiting the United States and who will
use the equipment.

E)
Examine the merchandise if necessary.

(3)
The CBP officer will then complete all sections of the counterfoil and affix
their signature and CBP stamp in Box 8.

(4)
The CBP officer will also complete all of Section H of the voucher and
affix his/her signature and CBP stamp.

(5)
The CBP officer will then determine the final date for re-
exportation/production to CBP. That date must be shown both on the
importation counterfoil and voucher.

(6)
On the corresponding re-exportation voucher under Box H (e), a notation
shall be made as to the CBP port office where the merchandise was
imported. This will allow the port of re-exportation to transfer the re-
exportation voucher to the port of importation for proper discharge.

(7)
The CBP officer will subsequently remove the importation voucher,
leaving the counterfoil with the carnet. The carnet will also be returned to
the holder and the merchandise shall be released.

(8)
The importation voucher will be filed in a suspense file, by date, pending
the receipt of a properly executed re-exportation voucher.

(9)
Should the re-exportation and/or destruction documentation not be
received within 30 days after expiration of the carnet, appropriate action
will be taken in accordance with 19 CFR 10.39(d)(2) and Section V,
Paragraph G, T.D. 02-20.

### Re-Exportation

(1)
The carnet shall be reviewed for correctness and completeness. The
CBP officer will conduct the following:

a)
Confirm that the carnet has not expired. If the carnet is past the
expiration date, the CBP officer will annotate on the re-exportation
counterfoil and voucher, "Goods subject to claim for payment of
liquidated damages under 19 CFR 10.39(d)(2); stipulated period of
importation exceeded." The notation of the export date is not
sufficient.

b)
Confirm that Boxes A, B, C, D, E and F are completed on the front
of the white re-exportation voucher and that the holder has signed
it.

c)
Verify that the merchandise that is to be re-exported matches the
merchandise described on the General List attached to the back of
the re-exportation voucher.

d)
Validate that all the merchandise that was imported, as indicated
on the re-exportation voucher, is to be re-exported. If items
imported are not re-exported, such discrepancies should be
annotated in Box H (b) and (c) on the voucher. All discrepancies
should be accounted for as follows:

1\)
The holder of the carnet has followed directions as listed in
Section X of this directive for merchandise that is to be re-
exported in split shipments;

2\)
Merchandise has been destroyed in accordance with CBP
laws, regulations and procedures;

3\)
A demand for liquidated damages has been prepared and
issued to the guaranteeing association pursuant to 19 CFR
10.39(d)(2).

e)
Examine the merchandise, if necessary.

(2)
The CBP officer will complete all sections of the re-exportation counterfoil
in a legible manner. Information on the counterfoil should match that
which was entered on the voucher.

The officer will affix his/her signature and CBP stamp in Box 8. Any
discrepancies shall be annotated in the appropriate box and a conditional
discharge of the merchandise shall be given.

(3)
The CBP officer will also complete all of Box H of the re-exportation
voucher in a legible manner. Information on the voucher should match
that which is entered on the counterfoil. Upon completion of the required
information, the officer will affix their signature and CBP stamp. Any
discrepancies shall be annotated in Box H (f), and a conditional discharge
of the merchandise shall be given.

(4)
The CBP officer will remove the voucher. The voucher shall
subsequently:

a)
Be compared with the importation voucher to ensure that all
merchandise is properly accounted for, if the port of re-exportation
is the same as the port of importation; and

b)
Be sent to the USCIB, if the port of re-exportation is not the port of
importation. The USCIB will forward the voucher to the port of
importation for reconciliation or further action.

(5)
In the event of a failure to properly export or destroy merchandise,
covered under a carnet, the port of original importation shall take the
appropriate action in accordance with 19 CFR 10.39(d)(2).

Transit (Inbound)

General

ATA and TECRO/AIT Carnets may be presented to cover the transit movement
of goods from one foreign country through the United States to another foreign
country, or between two U.S. ports. For example, merchandise arriving in

Chicago and transported to Canada through in-bond movements; or
merchandise arriving in New York, which is transported to Houston before final
arrival at destination in Mexico.

### Clearance for Transit

Before executing the blue transit vouchers, the CBP officer must determine if the
movement of merchandise qualifies as an in-transit movement according to CBP
regulations. If the merchandise qualifies, the following steps should be taken:

(1)
When merchandise is arriving on a carnet for transit through the United
States, the CBP officer will:

a)
Confirm that the carnet has not expired. If the carnet is past the
expiration date, it will not be accepted.

b)
Verify that the front green cover of the carnet has been signed by
both the holder and the issuing association.

c)
Confirm that the "Certificate by Customs at Departure" has been
completed. If it was not completed the CBP officer shall either:

i)
Verify that the exportation counterfoil and voucher have
been completed, as well as the front green cover being
signed by both the holder and issuing association. If those
requirements have been met, the CBP officer shall fill out
the transit counterfoil, or

ii)
Verify that the exportation counterfoil has been completed
as well as the front green cover being signed by both the
holder and issuing association.

If either of those requirements has NOT been met, the
carnet will be rejected back to the holder to obtain the
necessary information from the foreign customs
administration.

d)
Verify that Sections A, B, C, D, E and F are completed on the front
of the two blue transit vouchers and the holder has signed them.

e)
Validate that all the merchandise to be dispatched in transit
matches the description of the items contained on the General List
and on the reverse of the two blue transit vouchers.

f)
Examine the merchandise, if necessary.

(2)
The CBP officer will complete the sections, "Clearance for Transit"
sections, of BOTH of the blue transit counterfoils and affix his/her
signature and CBP stamp in Box 7.

(3)
The CBP officer will also complete all of Box H (a-e, only) of both of the
blue transit vouchers and affix his/her signature and stamp. The CBP
officer will, if necessary, secure the goods with CBP seals and record the
seal numbers in Box H, part d of both the blue transit vouchers.

(4)
The CBP officer will remove one of the blue transit vouchers, leaving the
counterfoil with the carnet. The carnet will be returned to the holder and
the merchandise shall be released.

#### Transit (Outbound)

(1)
When merchandise arriving on a carnet for discharge at destination after
transit through the United States, the CBP officer will:

a)
Confirm that the carnet has not expired. If the carnet is past the
expiration date, the CBP officer will annotate on the second transit
counterfoil and voucher, "Goods subject to claim for payment of
liquidated damages under 19 CFR 10.39(d)(2); stipulated period of
importation exceeded." (NOTE: The notation of the export date
only is not sufficient).

b)
Confirm that Sections A, B, C, D, E and F are completed on the
second blue transit voucher and the holder has signed it.

c)
Verify that all of the merchandise to be discharged matches the
items contained on the General List and on the reverse of the
remaining blue transit voucher.

d)
Confirm that all of the merchandise that was cleared for transit, as
indicated on first transit counterfoil, is to be exported.
Discrepancies should be annotated as follows:

1\)
The holder of the carnet has followed directions as listed in
Part X of this directive for merchandise that is to be re-
exported in split shipments.

2\)
Merchandise has been destroyed in accordance with CBP
laws, regulations and procedures.

3\)
All applicable liquidated damages have been paid pursuant
to 19 CFR 10.39(d) (2).

e)
Verify that the seals are intact and that the numbers are the same
as recorded in Box H, part d on the remaining transit voucher. If
the seals are broken, normal penalty procedures for such offenses
shall be applied.

(2)
The CBP officer will complete the sections, "Certificate of discharge by the
Customs Office of destination" of the counterfoil in a legible manner.
Upon completion of the required information, the officer will affix his/her
signature and stamp in Box 6. Any discrepancies shall be annotated on
line 2, Other Remarks and a conditional discharge of the merchandise
shall be given.

(3)
The CBP officer will also complete Box H of both the blue transit vouchers
in a legible manner.

Upon completion of the required information, the officer will affix his/her
signature and stamp. Any discrepancies shall be annotated in Box H, g,
"Other Remarks" and any applicable penalties shall be assessed.

(4)
The CBP officer will remove the remaining blue transit voucher. The
voucher shall then be returned to the original port of entry; or can be sent
to the USCIB, if the transit port of export is not the transit port of import.
The USCIB will forward the voucher to the appropriate port for
reconciliation or further action.

(5)
The CBP officer will return the carnet to the holder.

### X. PROCESSING OF U.S. CARNETS

General Information

U.S. carnets (ATA or TECRO/AIT) will be accepted in lieu of CBP Form 4455
(Certificate of Registration). Each time any or all of the merchandise covered by
the carnet departs or re-enters the United States, the carnet holder must present
the carnet package to a CBP official. It is permissible that two carnets (ATA and
TECRO/AIT Carnets) with identical General Lists be presented simultaneously to
CBP for activation and validation at the time the carnets depart and/or re-enter
the U.S.

The merchandise covered under the carnet must be available for inspection at
the time the carnet is presented. Export licenses and other Government agency
certifications must be presented when required. It is the responsibility of the
holder, not CBP or the issuing association, to ensure that merchandise can be
temporarily imported into the destined country. Carnets are to be filled out in ink.
Any carnet filled out in pencil will not be accepted.

Exportation

(1)
The front green cover (Box H) of the carnet must be activated by CBP
prior to or at the time of the first exportation. The purpose of activation is
to confirm the description of goods on the General List. Activation of the

front green cover may be done with or without an examination.

The U.S. carnet serves as a registration document in order to establish
eligibility under subchapter 1, Chapter 98, HTSUSA on its return from
abroad. The validation need not be done at the actual point of
exportation.

There are a couple of ways in which the validation may take place:

a)
The carnet, with or without the merchandise, can be validated by
CBP at the nearest cargo office.

The validation can take place a few days/weeks prior to the
exportation or immediately before the merchandise is exported.
This is usually for merchandise being shipped by a conveyance.

b)
The carnet, with or without the merchandise, can be validated by
CBP at the airport of departure; (Please verify hours of operation
with local CBP before doing so.) This is usually done prior to the
holder's flight departing and is for merchandise being hand carried
on to the aircraft.

(2) The carnet, with its exportation counterfoil, shall be presented to CBP for
validation. The merchandise shall be made available for examination upon
export. Other documentation shall also be presented to the CBP officer with
the carnet should the officer not require examination.

This documentation could be:

a)
Air Waybill

b)
Bill of Lading

c)
Rail Manifest

d)
Truck Manifest

e)
Commerce License, Department of State license, or license
exemption, and Electronic Export Information, when applicable, in
conjunction with the above documentation.

(3)
The carnet shall be reviewed for correctness and completeness. The
CBP officer will:

a) Confirm that the carnet has not expired. If the carnet is past the
expiration date, it will not be accepted and will be returned to the
holder.

b) Verify that the front green cover of the carnet has been signed by both
the holder or an authorized representative, and the issuing

association. If it is not signed, return to the holder to obtain the
required signatures.

c) Confirm that Box H of the front green cover has been validated by
CBP upon activation. If it has not been activated, the CBP officer
should affix his/her signature and CBP stamp in Box H. This can be
done at the same time as the exportation counterfoil is completed.

d) Certify that the carnet has been presented by the holder or his/her
specified representative listed in Box B.

e) Verify that the items listed on the General List are complete and
accurate descriptions of the merchandise. The listing must be
sufficient to identify the item(s) upon re-importation and should have
identification marks, such as serial numbers, as appropriate.

f) Examine the merchandise, if necessary.

(4)
The CBP officer will then complete all sections of the exportation
counterfoil and affix his/her signature and stamp in Box 7.

(5)
The CBP officer will return the carnet to the holder.

Re-Importation

(1)
The carnet, including the re-importation counterfoil and evidence of the
right to make entry if required, shall be delivered to the CBP officer. The
carnet will be in lieu of:

a)
Entry or payment of duty for articles listed under 19 CFR 10.68(a).
If examination reveals that returning merchandise was processed
or repaired abroad or does not otherwise qualify for return without
entry or payment of duty (see subheading 9801, HTSUS,
19 CFR 10.68, 143.21(i) and 143.23(e) for examples), a formal or
informal entry with bond shall be required.

b)
CBP Form 4455 "Certificate of Registration."

(2)
The carnet shall be reviewed for correctness and completeness. The
CBP officer will:

a)
Confirm that the carnet has not expired. If the carnet is past the
expiration date, the merchandise should still be accepted for the
re-importation as long as the CBP officer is satisfied that the
merchandise does not qualify for formal entry or payment of duties.

b)
Verify the front green cover of the carnet has been signed by both
the holder or their authorized representative and the issuing
association and, that the "Certificate by Customs at Departure" has
been completed. If it has not been completed, the CBP officer may
choose to examine the returning goods and should activate the
carnet by signing and stamping Box H of the front green cover.
c)
Verify that the merchandise that is to be re-imported matches the
merchandise described on the General List and ensure that the

item numbers from the General List are enumerated, e.g. 1-3, 6, 9,
15-33, etc. on the re-importation counterfoil.
There are no U.S. penalties for merchandise that is not returning.

d)
Confirm that the merchandise being re-imported has not been
advanced in value.

(3)
The CBP officer will complete all sections of the counterfoil in a legible
manner, ensuring that the item numbers from the General List are
enumerated. Upon completion of the required information, the officer will
affix his/her signature and stamp in Box 6.

(4)
The CBP officer will return the carnet to the holder without removing the
counterfoil.

(5)
In the event that the holder fails to have the carnet stamped upon re-
importation, it is possible for a CBP official to validate a Certificate of
Disposition (CBP Form 3227), per instructions outlined in CBP Directive
3550-17B. Box #8 must be checked and the merchandise description
must match the carnet General List.

### XI. PARTIAL/SPLIT SHIPMENTS

The carnet is designed to permit merchandise listed on the General List to be
split into smaller shipments. If all items on the General List are not included on a
particular import/export, it is necessary to identify which items are actually being
imported/exported on the corresponding counterfoils and vouchers.

Merchandise that enters or leaves the United States as separate consignments
may be consolidated at the time of re-importation or re-exportation.

## FOREIGN CARNETS

The Holder Must:

a)
Indicate the items being imported, re-exported or dispatched for transit in
Box F (a) of the appropriate voucher; and

b)
Cross off items not included in the transaction on the reverse of the
voucher.

For split or partial shipments, the CBP officer shall annotate the following:

a)
The item numbers being imported, re-exported or dispatched for transit in
Box 1 of the appropriate counterfoil;

b)
Complete all sections of the counterfoil in a legible manner;

c)
Affix their signature and stamp in the appropriate boxes; and

d)
Return the carnet to the Holder without removing the counterfoils.
U.S. CARNETS

For split or partial shipments, the CBP officer shall complete the following:

1\)
Annotate the item numbers being exported or re-imported in Box 1 of the
appropriate counterfoil;

2\)
Complete all sections of the counterfoil in a legible manner;

3\)
Affix his/her signature and stamp in the appropriate boxes;

4\)
Return the carnet to the Holder without removing the counterfoils.

## XII. ENFORCEMENT

CBP officers, as appropriate, should query TECS on any person or company that
is importing or exporting merchandise under a carnet.

CBP officers are reminded that carnets do not relieve the requirements for
licenses under 22 CFR 120-130 (State Department), 15 CFR 730-799
(Department of Commerce) or any other regulatory requirement of a federal,
state, or local government agency.

## ATTACHMENT 2 APPENDIX A

### ANNEX A to the "Professional Equipment" Convention Equipment for the press or for sound or television broadcasting

#### 1. Definition

For the purposes of the present Annex, the term "equipment for the press or for
sound or television broadcasting" means equipment necessary for
representatives of the press or of broadcasting or television organizations visiting
a country for purposes of reporting or in order to transmit or record material for
specified programmes.

#### 2. Conditions for granting temporary admission

The equipment:

(a) shall be owned by a natural person resident abroad or by a legal person
established abroad;

(b) shall be imported by a natural person resident abroad or by a legal person
established abroad;

(c) shall be capable of identification on re-exportation; provided that in the case
of blank sound or image recording media the most flexible means of
identification shall be applied;

(d) shall be used solely by or under the personal supervision of the visiting
person;

(e) shall not be the subject of a hire contract or similar arrangement to which a
person resident or established in the country of temporary importation is a
party, provided that this condition shall not apply in the case of joint sound or
television broadcasting programmes.

#### 3. Illustrative list

(a)
Equipment for the press, such as:

Typewriters;

Photographic or cinematographic cameras;
Sound or image transmitting, recording or reproducing apparatus; or
Blank sound or image recording media.

(b)
Sound broadcasting equipment, such as:

Transmission and communication apparatus;
Sound recording or reproducing apparatus;
Testing and measuring instruments and apparatus;
Operational accessories (clocks, stop-watches, compasses, generating sets,
transformers, batteries and accumulators, heating and ventilating apparatus,
etc.); or
Blank sound recording media.

Television cameras;
Telekinema;

Testing and measuring instruments and apparatus;

Transmission and retransmission apparatus;

Communication apparatus;

Sound or image recording or reproducing apparatus;

Lighting equipment;

Operational accessories (clocks, stop-watches, compasses, generating sets,
transformers, batteries and accumulators, heating and ventilating apparatus,
etc.);

Blank sound or image recording media;
"Film rushes"; or
Musical instruments, costumes, scenery, and other stage properties.

(d)
Vehicles designed or specially adapted for the purposes specified above.

## ANNEX B to the "Professional Equipment" Convention Cinematographic equipment

1\. Definition

For the purposes of the present Annex, the term "cinematographic equipment"
means equipment necessary for a person visiting a country in order to make a
specified film or films.

2\.
Conditions for granting temporary admission

The equipment:

(a) shall be owned by a natural person resident abroad or by a legal person
established abroad;

(b) shall be imported by a natural person resident abroad or by a legal person
established abroad;

(c) shall be capable of identification on re-exportation; provided that in the case
of blank image or sound recording media the most flexible means of
identification shall be applied;

(d) shall be used solely by or under the personal supervision of the visiting
person, provided that this condition shall not apply in the case of equipment
imported for the production of a film under a co-production contract to which
a person resident or established in the country of temporary importation is a
party and which is approved by the competent authorities of that country
under an inter-governmental agreement concerning cinematographic co-
production;

(e) shall not be the subject of a hire contract or similar arrangement to which a
person resident or established in the country of temporary importation is a
party.

### 3. Illustrative list

(a)
Equipment for the press, such as:

Cameras of all kinds;
Testing and measuring instruments and apparatus;

Camera "dollies" and booms;
Lighting equipment;
Sound recording or reproducing apparatus;
Blank image or sound recording media;

"Film rushes;"

Operational accessories (clocks, stop-watches, compasses, generating sets,
transformers, batteries and accumulators, heating and ventilating apparatus,
etc.); or
Musical instruments, costumes, scenery, and other stage properties.

(b)
Vehicles designed or specially adapted for the purposes specified above.

## ANNEX C to the "Professional Equipment" Convention

## Other professional equipment

1\. Definition

For the purposes of the present Annex the term "other professional equipment"
means equipment, of a kind not referred to in the other Annexes to the present
convention, necessary for the exercise of the calling, trade or profession of a
person visiting a country to perform a specified task. It does not include

equipment that is to be used for internal transport or for the industrial
manufacture or packaging of goods or (except in the case of hand-tools) for the
exploitation of natural resources, for the construction, repair or maintenance of
buildings or for earth moving and like projects.

## 2. Conditions of grant of temporary admission

The equipment:

(a) shall be owned by a natural person resident abroad or by a legal person
established abroad;

(b) shall be imported by a natural person resident abroad or by a legal person
established abroad;

(d) shall be used solely by or under the personal supervision of the visiting
person.

## 3. Illustrative list

(a)
Equipment for erection, testing, commissioning, checking, control, maintenance
or repair of machinery, plant, means of transport, etc., such as:

Tools;
Measuring, checking or testing equipment and instruments (temperature,
pressure, distance, height, surface, speed, etc.) including electrical instruments
(voltmeters, ammeters, measuring cables, comparators, transformers, recording
instruments, etc.) and jigs;
Apparatus and equipment for taking photographs of machines and plant during
or after erection; or
Apparatus for survey of ships.

(b)
Equipment necessary for businessmen, business efficiency consultants,
productivity experts, accountants and members of similar professions, such as:

Typewriters;
Sound transmitting, recording or reproducing apparatus; or
Calculating instruments and apparatus.

Measuring instruments and apparatus;
Drilling equipment; or
Transmission and communication equipment.

(d)
Instruments and apparatus necessary for doctors, surgeons, veterinary
surgeons, midwives and members of similar professions.

(e)
Equipment necessary for archeologists, paleontologists, geographers, zoologists
and other scientists.

(f)
Equipment necessary for entertainers, theatre companies and orchestras,
including all articles used for public or private performances (musical
instruments, costumes, scenery, animals, etc.).

(g)
Equipment necessary for lecturers to illustrate their lectures.

(h)
Vehicles designed or specially adapted for the purposes specified above, such
as mobile inspection units, traveling workshops and traveling laboratories.

## ATTACHMENT 2 APPENDIX B "Commercial Samples" Convention

## ARTICLE 3

## Temporary duty-free admission of other samples

1\.
For the purpose of this Article, the term "samples" means articles that are
representative of a particular category of goods already produced or are
examples of goods the production of which is contemplated on condition that
they:

(a)
are owned abroad and are imported solely for the purpose of being shown
or demonstrated in the territory of importation for the soliciting of orders
for goods to be supplied from abroad;

(b)
are not sold or put to normal use except for purposes of demonstration or
used in any way for hire or reward while in the territory of importation;

(d)
are capable of identification on re-exportation;

but does not include identical articles brought in by the same individual, or sent
to a single consignee, in such quantity that, taken as a whole, they no longer
constitute samples under ordinary commercial usage.

2\.
Samples that are chargeable with import duties shall, when imported from the
territory of another Contracting Party, with or without the intervention of a
commercial traveler, by persons established in the territory of any Contracting
Party, be temporarily admitted into the territory of any of the Contracting Parties
free of import duties, subject to the amount of the import duties and any other
amount that may be payable being deposited or security being given for payment
if necessary. Any deposits taken (other than those required in virtue of Article 6
of this Convention) shall not, however, exceed the amount of the import duties by
more than 10 percent.

3\.
To obtain the facilities provided for in this Article, the persons concerned must
comply with the relevant laws and regulations prescribed by the authorities of the
territory of importation and the customs formalities in force in that territory.

As regards vehicles and industrial and agricultural machinery or equipment of a
value for customs purposes exceeding 1,000 United States dollars (or the

equivalent in other currencies), importers may be required to declare the place of
destination of such machinery, equipment or vehicles; they may also be required
by CBP to establish, at any time, that the machinery, equipment or vehicles are
at the declared places. CBP may seal such machinery, equipment or vehicles or
otherwise preclude their operation during the time in which temporary duty-free
admission is allowed and limit the places where these goods may be operated
for demonstration purposes.

4\.
CBP shall, as a general rule, recognize as sufficient for the future identification of
samples the marks that have been affixed by the customs authorities of a
Contracting Party, provided that the samples are accompanied by a descriptive
list certified by the customs authorities of the latter Contracting Party. Additional
marks may be affixed to the samples by the customs authorities of the territory
into which they are imported only if they are necessary, in the opinion of those
authorities, to ensure the identification of the samples on re-exportation. Any
mark affixed to samples shall not be such as to destroy their usefulness.

5\.
The period allowed for re-exportation of samples that qualify for exemption
from import duties under this Article shall be not less than six months. When the
period allowed for re-exportation has expired, the amount of the import duties
and any other amount due may be charged on samples that have not been re-
exported. These amounts may also be charged, before the expiry of the period,
on samples that cease to satisfy the conditions of paragraph 1 of this Article.

6\.
On the re-exportation within the permitted time of samples imported under this
Article, the refund of any amount deposited or the release of any security given
on importation in accordance with paragraph 2 of this Article shall be effected
without delay at any of the customs offices situated at the border or in the interior
of the territory that possesses the necessary authority, subject to the deduction
of the duties and any other amount payable on samples not produced for re-
exportation. When special circumstances exist, deposits may, however, be
returned by other means, provided the return is affected promptly. Each
Contracting Party shall publish a list of the customs offices on which the authority
has been conferred.

## ARTICLE 4 Duty free admission of advertising material

1\.
Each Contracting Party shall exempt from import duties catalogues, price-lists
and trade notices relating to:

(a)
goods offered for sale or hire; or

(b)
transport or commercial insurance services offered by a person established in
the territory of another Contracting Party, when such documents are imported
from the territory of any Contracting Party, provided that each consignment
imported either:

(i)
consists of not more than one document; or

(ii)
if it consists of more than one document, does not include more than one
copy of any one document; or

(iii)
irrespective of the number of documents or copies, does not exceed one
kilogram in gross weight.

Simultaneous dispatch of a number of consignments to different addresses in
the territory of importation shall not debar such consignments from this
exemption, provided that not more than one consignment is sent to any one
consignee;

2\.
Notwithstanding paragraph 1 of this Article, a Contracting Party shall not be
obliged to exempt from import duties on importation into its territory:

(a)
Catalogues, price-lists and trade notices that do not clearly indicate the
name of the foreign concern producing, selling or renting the goods, or
offering the transport for commercial insurance services, to which such
catalogues, price-lists or trade notices relate; or

(b)
Catalogues, price-lists and trade notices that are entered to CBP in the
territory of importation in packets grouped together for subsequent
dispatch to separate addresses in that territory.

## ARTICLE 5

## Temporary duty-free admission of advertising films

Each Contracting Party shall accord the facilities provided by Article 3 of the
present Convention, subject to the conditions laid down in that Article, to positive
cinematograph advertising films of a width not exceeding 16 mm. shown to the
satisfaction of CBP to consist essentially of photographs (with or without sound
track) showing the nature or operation of products or equipment whose qualities
cannot be adequately demonstrated by samples or catalogues, provided that the
films:

(a)
relate to products or equipment offered for sale or for hire by a person
established in the territory of another Contracting Party;

(b)
are of a kind suitable for exhibition to prospective customers but not for
general exhibition to the public; and

(c)
are imported in a packet that contains not more than one copy of each
film and that does not form part of a larger consignment of films.

## ARTICLE 6

### Temporary waiver of import prohibitions and restrictions

1\.
No Contracting Party shall apply import prohibitions or restrictions (other than
import duties), whether made effective through quotas, import licenses or other
measures, on the importation from the territory of another Contracting Party of
goods:

(a) that qualify (or would qualify if they were dutiable) for exemption from
import duties by virtue of the provisions of Article 2 or Article 4 this
Convention; or

(b) that qualify (or would qualify if they were dutiable) for temporary duty-free
admission by virtue of the provisions of Article 3 or Article 5 of this
Convention; provided that the importation of such goods does not give rise to
any payment other than for freight or insurance or for services provided in the
territory of importation by a person established in that territory.

2\.
In the case of goods that qualify (or would qualify if they were dutiable) for
temporary duty-free admission by virtue of the provisions of Article 3 or Article 5,

this waiver of import prohibitions or restrictions shall extend only to the period for
which temporary duty-free admission is allowed (or would be allowed if the goods
were dutiable). In the case of non re-exportation of such goods within the period
during which the application of any import prohibitions or restrictions has been
waived under paragraph 1 of this Article, the authorities of the importing country
may apply such measures as would have been applicable if the import
prohibitions or restrictions had not been so waived. To this end, the authorities
of the territory of importation may require appropriate guarantees, such as the
deposit of a special security over and above any security deposited against
payment of import duties.

#### 3. The provisions of this Convention shall not prevent a Contracting Party from applying import prohibitions or restrictions:

(a) necessary to protect public morals or essential security interests;

(b) necessary to protect human, animal or plant life or health;

(d) necessary to secure compliance with laws or regulations relating to customs
enforcement, the enforcement of State monopolies, the protection of
patents, trade marks and copyrights;

(e) necessary to prevent deceptive practices;

(f) relating to the products of prison labour;

(g) necessary to the application of standards or regulations for the classification,
grading or marketing of commodities in international trade.

3280-013B Acceptance Of Temporary Admission Carnets

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