Customs and Border Protection's Bond Program

CBP. The term “CBP” means Customs and Border Protection.

Commissioner or Commissioner of Customs. The terms “Commissioner” or “Commissioner of Customs” mean Commissioner of Customs and Border Protection.

Customs or Customs Service. The terms “Customs” or “Customs Service” mean Customs and Border Protection.

Customs Regulations or CBP Regulations. The terms “Customs Regulations” or “CBP Regulations” mean Chapter 1 of title 19 of the Code of Federal Regulations (19 CFR Chapter 1).

RD. “RD” means Revenue Division, Office of Finance, Customs and Border Protection.

5. Section 113.0 is amended by removing the word “Customs” and adding in its place the term “CBP”.

6. Section 113.1 is revised to read as follows:

Where a bond or other security is not specifically required by law or regulation, the Commissioner of CBP, pursuant to DHS Delegation Number 7010.3, or any successive order, may by specific instruction require, or authorize the Director, Revenue Division or the port director to require, such bonds or other security considered necessary for the protection of the revenue or to assure compliance with any pertinent law, regulation, or instruction.

7. In § 113.2:

a. The heading text is amended by removing the word “Customs” and adding in its place the term “CBP”;

b. The introductory text is amended by removing the word “Customs” and adding in its place the term “CBP”;

c. Paragraph (c) is amended by removing the word “shall” and adding in its place the word “will”, and by adding the word “as” before the word “he”; and

d. In paragraph (d), the first sentence is amended by removing the word “entry” and adding in its place the word “transaction”; the second sentence is amended by removing the word “shall” and adding in its place the word “will”; and the third sentence is amended by removing the word “Customs” and adding in its place the term “CBP”.

8. Section 113.4 is amended by revising paragraph (a) and amending paragraph (b) by removing the words “Customs laws or regulations” and adding in their place the words “customs laws or CBP regulations”.

The revision of § 113.4(a) reads as follows:

(a) Bonds. All bonds required to be given under the customs laws or CBP regulations will be known as CBP bonds.

9. Section 113.11 is revised to read as follows:

Each person who is required by law, regulation, or specific instruction to post a bond to secure a single or continuous (multiple) CBP transaction must submit a bond application in addition to the CBP Form 301, as follows:

(a) Single transaction bond application. A port director may require a person who will be engaged in a single customs transaction to file a written bond application. The application for a single transaction bond may be in the form of a letter. The application must contain the information set forth in paragraph (c) of this section, where applicable, and must be filed at the port where the transaction will occur. When the proper bond in a sufficient amount is filed with the entry summary or with the entry, or when the entry summary is filed at the time of entry, an application will not be required.

(b) Continuous bond application. To secure continuous (multiple) transactions, a bond application containing the applicable information set forth in paragraph (c) of this section must be submitted to the CBP Revenue Division (RD). The application may be in the form of a letter, and must be submitted to the RD via mail, fax, or in an electronic format (as prescribed by CBP) to the addresses/fax number listed on the CBP Internet Web site located at http://www.cbp.gov (see direct link to CBP bond program directives).

(c) Required bond application information. (1) Applications for both the single and continuous transaction bonds described in paragraphs (a) and (b) of this section must contain the following information numerically identified in the following order:

(i) Importer name;

(ii) Importer number;

(iii) Importer's physical address;

(iv) Name, number, and address of any co-principals or unincorporated divisions/trade names that will use this bond (if applicable);

(v) Description of the nature of the relationship between principal, co-principals, or unincorporated divisions/trade names that will use this bond (if applicable);

(vi) A listing of any other importer numbers or bond numbers associated with the principal and all co-principals or unincorporated divisions/trade names;

(vii) A description of the merchandise to be entered, including country of origin designations and applicable Harmonized Tariff Schedule of the United States (HTSUS) numbers;

(viii) A description of the merchandise to be imported during the subsequent 12 months (if applicable), including country of origin designations and applicable HTSUS numbers. This will include imports of all the business entities that will be listed on the bond. If it is anticipated that the nature of the merchandise to be imported will change in any material respect during the subsequent 12 months, the change must be identified;

(ix) For continuous bonds, the total entered value and total amount of all duties, taxes, and fees paid to CBP for the previous 12 months, plus the total estimated entered value and total estimated amount of all duties, taxes, and fees that will be paid to CBP during the subsequent 12 months. The total amount of duties, taxes and fees is the amount that would have been required to be deposited had the merchandise been entered for consumption even though some or all of the merchandise may have been entered under bond. If no imports were made during the 12 months prior to the application, the application letter should indicate “zero” and provide a statement of all duties, taxes, and fees it is estimated will accrue on all importations during the subsequent 12 months. If it is anticipated that the value of the merchandise to be imported will change in any material respect during the subsequent 12 months, the change must be identified. These estimations will include the import activity of all business entities that will be listed on the bond;

(x) The type of bond applied for, including the proposed bond amount, activity code, and effective date;

(xi) The printed name, title, phone, and fax numbers of a company officer or attorney-in-fact signing on behalf of principal;

(xii) A certification statement (see paragraph (e) of this section); and

(xiii) Signature of applicant and date. Electronic applications that contain the certification statement prescribed in paragraph (e)(2) of this section will be considered legally binding to the same extent as if signed and submitted under seal.

(2) In addition to the data elements set forth in paragraph (c)(1) of this section, CBP may require the bond applicant to submit additional information as is deemed necessary for CBP to evaluate the application. Such information may be commodity-specific or company-specific.

(d) Application updates. If CBP approves a bond based upon the application, the principal on the bond must submit a new application to the issuing office (to the CBP Revenue Division in the case of continuous bonds) containing an update of the information required by paragraph (c) of this section whenever there is a material change in such information.

(e) Signature and Certification—(1) Paper bonds. Paper bonds must be signed by the applicant, affixed with the corporate seal where required (see § 113.33), and contain the following certification:

I, ____, certify that the factual information contained in this submission is true and accurate, that the corporate seal (if applicable) complies with § 113.25 of this chapter, and any information provided that is based upon estimates is based upon the best information available on the date of this document.

(2) Bonds submitted in an electronic format. Bond applications submitted in an electronic format must contain the following certification and are legally binding to the same extent as if signed and submitted under seal:

I, ____, certify that the factual information contained in this submission is true and accurate and any information provided which is based upon estimates is based upon the best information available on the date of this document. I also certify that I am acting under authority of ____ corporation and this certification constitutes evidence of the corporate seal and complies with § 113.25 of this chapter.

(3) Presumption of proper execution. CBP is entitled to presume, without verification, that submitted bond applications and related documentation, which include the bond, are properly executed, complete, accurate, and in full compliance with all applicable laws.

10. Section 113.12 is revised to read as follows:

(a) Single transaction bonds. The director of the CBP port where a single transaction bond is filed will approve a bond that is in proper form and that provides adequate security for the transaction. CBP is entitled to presume, without verification, that submitted bond applications and related documentation, which include the bond, are properly executed, complete, accurate, and in full compliance with all applicable laws.

(b) Continuous bonds. Continuous bonds must be filed with the Revenue Division (RD). The RD bond team will determine whether the continuous bond is in proper form and provides adequate security. CBP is entitled to presume, without verification, that submitted bond applications and related documentation, which include the bond, are properly executed, complete, accurate, and in full compliance with all applicable laws. If approved, the RD will notify the filer, surety, and principal by issuing a CBP-assigned bond number. Only one continuous bond for a particular activity will be authorized for each principal.

(c) Previously approved bond. CBP may refuse to accept any new obligations under a previously approved bond that requires modification, including where the principal or surety has failed to comply with § 113.11(d) or § 113.24(d), or where the principal has failed to deposit the required financial instruments as described in § 113.40(a) for cash-in-lieu of surety bonds.

11. In § 113.13:

a. The first sentence in paragraph (a) is amended by removing the words “Customs bond shall” and adding in their place the words “CBP bond must”, and the second and third sentences in paragraph (a) are amended by removing the word “shall” each place that it appears and adding the word “will”;

b. The introductory text of paragraph (b) is amended by removing the words “the port director or drawback office in the case of a bond relating to repayment of erroneous drawback payment (see § 113.11) should at least” and adding in their place the words “CBP will”; paragraph (b)(2) is revised; and paragraph (b)(4) is amended by removing the word “Customs” and adding in its place the term “CBP”;

c. Paragraph (c) is revised; and

d. Paragraph (d) is amended by removing the words “a port director or drawback office” and adding in their place the term “CBP”; by removing the word “Customs” and adding in its place the words “all applicable”; and by removing the words “he shall” and adding in their place the words “CBP may immediately”.

The revision of § 113.13(b)(2) and (c) reads as follows:

(b) * * *

(2) The prior record of the principal in complying with CBP demands for redelivery, the obligation to hold unexamined merchandise intact, and other requirements relating to enforcement and administration of customs and other laws and CBP regulations;

(c) Periodic review of bond sufficiency. CBP will periodically review each bond on file to determine whether the bond is adequate to protect the revenue and ensure compliance with applicable law and regulations. If CBP determines that a bond is inadequate, the principal will be promptly notified in writing. Additional securities for any and all of the principal's transactions may be required until the deficiency is remedied.

12. Section 113.14 is revised to read as follows:

If CBP determines that none of the conditions contained in subpart G of this part is applicable to a transaction sought to be secured, the Director, Revenue Division or, in the case of a single transaction bond, the port director, will draft conditions that cover the transaction. Before execution of the bond, the conditions must be submitted to Headquarters, Attention: Executive Director, Regulations and Rulings, Office of International Trade, for approval.

13. In § 113.15:

a. The first sentence is revised; and

b. The second and third sentences are amended by removing the word “shall” each place that it appears and adding the word “will”.

The revision reads as follows:

Except for bonds containing the agreement to pay court costs (condemned goods—see § 113.72), single transaction bonds that are approved by the port director will remain on file at the port office and approved continuous bonds (including bonds relating to repayment of erroneous drawback payments containing the conditions set forth in § 113.65) will remain on file at the RD. * * *

14. In § 113.21:

a. Paragraph (a)(1) is revised;

b. Paragraphs (b) and (c) are amended by removing the word “shall” each place that it appears and adding the word “must”;

c. Paragraph (d) is amended by removing the word “shall” and adding in its place the word “may”; and

d. Paragraph (e) is revised.

The revision of § 113.21(a)(1) and (e) reads as follows:

(a)(1) Identification of principal, co-principal, and sureties. The names of the principal, co-principal, and sureties, and their respective places of residence, must appear in the bond. In the case of a corporate principal, co-principal or surety, its legal designation and the address of its principal place of business must appear.

(e) Presumption of proper execution. CBP is entitled to presume, without verification, that submitted bond applications and related documentation, which include the bond, are properly executed, complete, accurate, and in full compliance with all applicable laws.

15. Section 113.22 is removed and reserved.

16. In § 113.23:

a. The heading and text of paragraph (a)(2) are amended by removing the words “or erasures”;

b. Paragraph (b) is amended by removing the word “erasures,” and by removing the word “shall” and adding in its place the word “must”; and

c. Paragraphs (c) and (d) are revised.

The revisions of § 113.23(c) and (d) read as follows:

(c) After signing, prior to approval. If minor alterations, other than modifications or interlineations (i.e., changes that go to the substance of the bond), are made to the bond after it is signed, but prior to its approval by CBP, the consent of all the parties must be indicated on the bond. When a modification or interlineation is desired, the existing bond will be cancelled and a new bond will be executed.

(d) After approval. Except in cases where a change in the bond is expressly authorized by regulations or instructions from the Commissioner of CBP, CBP will not permit a change as defined in paragraph (a) of this section after the bond has been approved. When changes are desired, the existing bond will be cancelled and a new bond is required which, when approved, will supersede the cancelled bond.

17. Section 113.24 is revised to read as follows:

(a) Types of riders. The Revenue Division (RD) may accept bond riders,including the following types:

(1) Name change of principal/trade name/unincorporated division. A bond rider to change the name of a principal/trade name/unincorporated division on a bond may be used only when the change in name does not change the legal identity or status of the entity. If a new corporation is created as a result of a merger, reorganization or similar action, a bond rider cannot be used and a new bond will be required.

(2) Address change. A bond rider may be used to change the address on a bond.

(3) Addition and deletion of trade names and unincorporated divisions of a corporate principal. A bond rider may be used to add to or delete from a bond trade names and the names of unincorporated divisions of a corporate principal that do not have a separate and distinct legal status.

(b) Where filed. A bond rider must be filed at the RD.

(c) Attachment of rider and, where applicable, CBP Form 5106 to bond. All riders expressly authorized by the Commissioner of CBP must be filed with the related bond and must reference the related bond's CBP-issued bond number. Where applicable, a completed CBP Form 5106 must be submitted with the bond rider.

(d) Failure to provide rider. CBP may refuse to accept any new conditions under a previously approved bond where a rider that is expressly authorized by the Commissioner of CBP has not been submitted to CBP.

(e) Format of rider. A rider submitted to the RD on paper must be signed by both the principal (including all co-principals) and surety, sealed, executed, include a certificate as to corporate principal, if applicable, and otherwise comply with the requirements of this part. A rider submitted to the RD in an electronic format must contain the certification set forth in § 113.11(e)(2) and the filer must retain a copy of the seal as per § 113.25(b). CBP is entitled to presume, without verification, that submitted riders are properly executed, complete, accurate, and in full compliance with all applicable laws. A rider must contain one or more of the following formats, as applicable:

(1) Name change of principal/trade name/unincorporated division.

By this rider to CBP Form 301 (or other form as designated by regulation), ____ (bond number), executed on ____ (date), by ____ (former name), as principal ____ (importer number), the ____ (new name), hereby certifies that it is the same entity formerly known as ____ (former name), and the principal and surety agree that they are responsible for any act secured by this bond done under the aforementioned new name of the principal/trade name/unincorporated division. This rider is effective on ____ (date).

(2) Address change.

By this rider to CBP Form 301 (or other form as designated by regulation), ____ (bond number), executed on ____ (date), by ____ (name of principal/trade name/unincorporated division), as principal, ____ (importer number), and ____ (surety's name and code), as surety, which is effective on ____ (date), the principal, surety, or both, intend that the bond be amended to show ____ (new address) as their address. The principal, surety, or both, as may be appropriate, agree to be bound as though this bond has been executed with the new address shown.

(3) Addition or deletion of trade names and unincorporated divisions of a corporate official—(i) Addition rider.

By this rider to CBP Form 301 (or other form as designated by regulation), ____ (bond number), executed on ____ (date), by ____ (name of principal/co-principal/trade name/unincorporated division), as principal ____ (importer number), and ____ (surety's name and code), as surety, which is effective on ____ (date), the principal, co-principal and surety agree that the below listed names are unincorporated units of the principal or are trade or business names used by the principal in its business and that this bond covers its business and that this bond covers any act done in those names to the same extent as though done in the name of the principal. The principal and surety agree that any such act will be considered to be the act of the principal.

(ii) Deletion rider.

By this rider to CBP Form 301 (or other form as designated by regulation), ____ (bond number), executed on ____ (date), by ____ (name of principal/trade name/unincorporated division), as principal ____ (importer number), and ____ (surety's name and code), as surety, which is effective on ____ (date), the principal and surety agree that the below listed names of unincorporated units of the principal or trade or business names used by the principal in its business are deleted from the bond effective upon the date of approval of the rider by the appropriate CBP official.

18. Section 113.25 is revised to read as follows:

(a) Paper bonds. When a seal is required, the seal must be affixed adjoining the signatures of the principal and corporate surety, and the corporate seal must be affixed close to the signatures of persons signing on behalf of a corporation. Bonds must be under seal in accordance with the law of the State in which executed. When the charter or governing statute of a corporation requires its acts to be evidenced by its corporate seal, such seal is required.

(b) Bonds submitted electronically. Continuous bonds submitted in an electronic format do not have to be affixed with a seal; however, electronic bonds must include the certification language required by § 113.11(e)(2) which states that the applicant is acting under authority of the [named] corporation and the certification constitutes legally binding evidence of the corporate seal. Additionally, where either the law of the State in which the bond is executed or the CBP regulations require a seal, the party executing the electronic bond must retain a copy of the paper seal and make such seal available to CBP for inspection upon request.

(c) Presumption of proper execution. CBP is entitled to presume, without verification, that submitted bond applications and related documentation, which include the bond, are properly executed, complete, accurate, and in full compliance with all applicable laws.

19. In § 113.26:

a. Paragraph (a) is amended by removing the word “Bonds” and adding in its place the words “Continuous bonds”; removing the number “30” and adding in its place “60”, and; removing the word “Customs” and adding in its place the term “CBP”;

b. Paragraph (b) is amended by removing the words “Customs Bond, Customs” and adding in their place the term “CBP”;

c. Paragraph (c) is amended by removing the words “Customs Bond, Customs” and adding in their place the term “CBP”; and

d. Paragraph (e) is revised.

The revision to § 113.26(e) reads as follows:

(e) Rider to delete trade names and unincorporated divisions of a corporate principal. A rider to delete trade names and unincorporated divisions of a corporate principal is effective on the effective date identified on the rider if the date is at least 15 days after the date CBP receives the rider. If the rider is not received 15 days before the identified effective date or no effective date is identified on the rider, it will be effective on the close of business of the fifteenth business day after it is received by CBP.

20. Section 113.27 is revised to read as follows:

(a) Termination by principal/co-principal. A written request by a principal or co-principal to terminate a continuous bond must be addressed to the Revenue Division (RD) and must state the date the termination will take effect. Once the RD has received a valid bond termination request, the termination cannot be withdrawn. The termination will take effect on the date requested if that date is at least 15 business days after the date the request is received by CBP. Where the requested date of termination is less than 15 business days from the date CBP received the request, or where no termination date has been requested, the termination will take effect on the close of business on the fifteenth business day after the request is received by CBP.

(b) Termination by surety. A surety may, with or without the consent of the principal, terminate a CBP bond on which it is obligated. Written notice of the termination must be sent to the principal and the RD and must state the date the termination will take effect. Once the RD has received a valid bond termination request, the termination cannot be withdrawn. The termination will take effect on the date requested if that date is at least 15 business days after the date the notice is received by CBP. Where the requested date of termination is less than 15 business days from the date CBP received the notice, or where no termination date has been requested, the termination will take effect on the close of business on the fifteenth business day after the notice is received by CBP.

(c) Effect of termination. (1) After a bond is terminated, no new CBP transactions will be charged against the bond. A new bond in an appropriate amount on CBP Form 301 (or other form as designated by regulation), containing the appropriate bond conditions set forth in subpart G of this part, must be filed before further CBP activity may be transacted.

(2) Notwithstanding the above, when a principal intends to continue to engage in the same activity as that secured by a bond to be terminated pursuant to this section, and the principal has submitted a replacement bond to secure that continued activity, no termination requested by a principal or surety will take effect or be effective until CBP has reviewed and approved the replacement bond.

21. In § 113.32:

a. New introductory text is added to read as follows, “A partnership, including a limited partnership, means any business association recognized as such under the laws of the State where the association is organized.”;

b. Paragraph (a) is removed;

c. Existing paragraph (b) is redesignated as paragraph (a) and is amended by removing the word “shall” and adding in its place the word “must”; and

d. Existing paragraph (c) is redesignated as paragraph (b) and is amended, in the first sentence, by removing the word “shall ” and adding in its place the word “will”, and by removing the second sentence.

22. Section 113.33 is amended by:

a. Revising the heading and paragraphs (a), (b), and (c);

b. In paragraph (d), removing the words “port director” and adding in their place the term “RD”, and removing the word “shall” each place that it appears and adding the word “must”; and

c. In paragraph (e), removing the words “shall be” and adding in their place the word “are”.

The revisions to § 113.33 read as follows:

(a) Name of corporation (including Limited Liability Corporation (LLC)) on bond. The name of a corporation or LLC executing a CBP bond as a principal must be indicated on the bond.

(b) Signature and seal of corporation (including Limited Liability Corporation (LLC)) on the bond. Where the bond of a corporate or LLC principal is submitted to CBP on paper, it must be signed by an authorized officer or attorney of the corporation or LLC and the seal must be affixed immediately adjoining the signature of the person executing the bond, as provided for in § 113.25(a). Where the continuous bond of a corporate or LLC principal is submitted to the RD in an electronic format, the bond must contain the certification language set forth in § 113.11(e)(2) and, where applicable, the party executing the bond must retain a copy of the paper seal in accordance with § 113.25(b). CBP is entitled to presume, without verification, that submitted bond applications and related documentation, which include the bond, are properly executed, complete, accurate, and in full compliance with all applicable laws.

(c) Bond executed by an officer of corporation (including Limited Liability Corporation (LLC)). When a bond is executed by an officer of a corporation or LLC, the officer's signature constitutes prima facie evidence of that officer's authority to bind the corporation or LLC. CBP is entitled to presume, without verification, that submitted bond applications and related documentation, which include the bond, are properly executed, complete, accurate, and in full compliance with all applicable laws.

23. Section 113.34 is amended by removing the word “shall” in the second sentence and adding in its place the word “may”.

24. Section 113.35 is revised to read as follows:

(a) Number required. If individuals sign as sureties, there must be two sureties on the bond unless CBP is satisfied that one surety is sufficient to protect the revenue and insure compliance with the law and regulations.

(b) Qualifications to act as surety— (1) Residency and citizenship. Each individual surety on a CBP bond must be both a resident and citizen of the United States.

(2) Granting of power of attorney. Any individual, unless prohibited by law, may grant a power of attorney to sign as surety on CBP bonds. Unless the power is unlimited, all persons to whom the power relates must be named.

(3) Property requirements. For both single transaction and continuous bonds, each individual surety must have property available as security within the customs territory of the United States. The current market value of the property less any encumbrance must be equal to or greater than the amount of the bond. If one individual surety is accepted, the individual surety must have property the value of which, less any encumbrance, is equal to or greater than twice the amount of the bond.

(c) Oath and evidence of solvency. Before being accepted as a surety, the individual must:

(1) Take an oath on CBP Form 3579, setting forth:

(i) The amount of assets over and above all debts and liabilities and such exemptions as may be allowed by law; and

(ii) The general description and location of one or more pieces of real estate owned within the customs territory of the United States, and the value thereof less any encumbrance.

(2) Produce such evidence of solvency and financial responsibility as CBP may require.

(d) Determination of financial responsibility. An individual surety will not be accepted on a bond until CBP is satisfied as to the financial responsibility of the individual. CBP may request Immigration and Customs Enforcement (ICE) to conduct an immediate investigation to verify a surety's financial responsibility.

(e) Continuancy of financial responsibility. In order to follow the continued solvency and financial responsibility of individual sureties, CBP will require a new oath and determine the financial responsibility of each individual surety as prescribed in paragraphs (c) and (d) of this section at least once every 6 months, and more often if deemed advisable.

25. Section 113.36 is amended by removing the word “shall” and adding in its place the word “will”.

26. In § 113.37:

a. The second sentence in paragraph (a) is amended by removing the word “Customs” and adding in its place the term “CBP”; by removing the word “shall” where it appears after the word “corporation” and adding in its place the word “will”; and by removing the words “shall be for a greater amount than” and adding in their place the words “may exceed”;

b. Paragraph (b) is revised;

c. Paragraph (c) is revised;

d. Paragraph (d) is amended by removing the word “shall” and adding in its place the word “must”;

e. Paragraph (e) is revised;

f. Paragraph (f) is amended: by removing the word “shall” and adding in its place the word “must”; by removing the words “Bureau of Government Financial Operations” and adding in their place the words, “Financial Management Service”; by removing in the last paragraph of the “Corporate Sureties Agreement for Limitation of Liability” set forth under paragraph (f) the number “19_” and adding in its place “20__”; and by removing in the signature block the words “Port Director (Drawback Office)” and adding in their place the words “Authorized CBP officer”; and

g. Paragraph (g) is revised.

The revisions of § 113.37 read as follows:

(b) Name of corporation on the bond. The name of a corporation executing a CBP bond as a surety must be indicated on the bond.

(c) Name of agent or attorney on the bond. The full name of the agent or attorney acting for a corporate surety, as it appears on the bond, must be indicated on the bond.

(e) Signature and seal of the corporation on the bond. Except where submitted in an electronic format, a bond executed by a corporate surety must be signed by an authorized officer or attorney of the corporation and the corporate seal must be affixed immediately adjoining the signature of the person executing the bond, as provided in § 113.25(a). Where a corporate surety submits a bond to the RD in an electronic format, the bond must contain the certification language prescribed by § 113.11(e)(2) and the corporate surety must retain a copy of the seal in accordance with § 113.25(b). CBP is entitled to presume, without verification, that submitted bond applications and related documentation, which include the bond, are properly executed, complete, accurate, and in full compliance with all applicable laws.

(g) Power of attorney for the agent or attorney of the surety. Corporations may execute powers of attorney to act on their behalf in the following manner:

(1) Execution and contents. The corporate surety power of attorney must be executed on CBP Form 5297 and must contain the following information:

(i) Corporate surety name and number;

(ii) Name, address and Social Security number of agent or attorney;

(iii) Date of execution of power of attorney;

(iv) Seal of the corporate surety, either affixed to the CBP Form 5297 or, if submitted in an electronic format, the corporate surety must retain a copy of the seal in accordance with § 113.25(b).

(v) Signature of any two principal officers of corporation or, where the corporate surety power of attorney is submitted in an electronic format, the principal officers must submit the certification language prescribed in § 113.11(e)(2); and

(vi) Dollar amount of authorization.

(2) Filing. A corporate surety power of attorney executed on CBP Form 5297 must be filed at the RD via mail, fax, or in an electronic format pursuant to the terms prescribed by CBP (see the CBP Internet Web site located at http:// www.cbp.gov.) The RD will retain a copy of the original CBP Form 5297 and return a validated copy to the grantee.

(3) Term and revocation. Corporate surety powers of attorney will continue in force and effect until revoked. Any surety desiring that a designated agent or attorney be divested of a power of attorney must execute a revocation on CBP Form 5297 and submit this form to the RD. The revocation will take effect on the close of business on the date requested provided the CBP Form 5297 is received at least 5 business days before the date requested; otherwise, the revocation will take effect at the close of business 5 days after the request is received by the RD.

(4) Change on the power of attorney. The only changes permitted on the CBP Form 5297 after it has been approved by CBP are changes to the grantee's name and address. To make any other change to the power of attorney requires the submission of two separate CBP Form 5297s: The first revoking the previous power of attorney and the second containing a new grant of authority.

(5) Presumption of proper execution. CBP is entitled to presume, without verification, that submitted bond applications and related documentation, which include the bond, are properly executed, complete, accurate, and in full compliance with all applicable laws.

27. In § 113.38:

a. The heading and text of paragraph (a) are amended by removing the word “Customs” each place it appears and adding the term “CBP”;

b. The heading and text of paragraph (b) are amended by removing the word “Customs” each place it appears and adding the term “CBP”;

c. The heading and text of paragraph (c)(1) are amended by adding the words “single transaction” before the word “bond”, and by removing the language, “Director, Border Security and Trade Compliance Division” and adding in its place, “Executive Director, Regulations and Rulings, Office of International Trade, CBP”;

d. Paragraph (c)(2) is revised;

e. Paragraph (c)(3) is amended by removing the word “Customs” and adding in its place the term “CBP”; and

f. Paragraph (c)(4) is revised.

The revisions to § 113.38(c)(2) and (c)(4) read as follows:

(c) * * *

(2) Nonacceptance of bond upon instruction by Commissioner of CBP or Director, Revenue Division. The Commissioner of CBP, or the Director, Revenue Division (RD), may issue instructions to CBP officers not to accept a bond secured by an individual or corporate surety who, without just cause, is significantly delinquent either in the number of outstanding bills or dollar amounts thereof.

(4) Review and final decision. After a review of any submission made by the surety under paragraph (c)(3) of this section, if the Commissioner of CBP, the Director, RD, or a port director is still of the opinion bonds secured by the surety should not be accepted, written notice of the decision will be provided to the surety in person or by certified mail, return receipt requested, at least five days before the date that CBP will no longer accept the bonds of the surety. Copies of the notice will also be provided to the Executive Director, Regulations and Rulings, Office of International Trade and, if the notice does not originate from the RD, to the Director, RD. Notice will be given to the importing public by publishing the decision in the Customs Bulletin.

28. In § 113.39:

a. The introductory text is amended by removing the words “a port director or Fines, Penalties, and Forfeitures Officer is unsatisfied” and adding in their place the words “CBP is dissatisfied”; and by removing the words “port director may” and adding in their place the words “an authorized CBP officer may”;

b. The introductory text to paragraph (a) is amended by removing the words “A port director or Fines, Penalties, and Forfeitures Officer shall” and adding in their place the words “An authorized CBP officer will”;

c. Paragraph (a)(5) is amended by removing the words the “port director or Fines, Penalties, and Forfeitures Officer” and adding in their place the words “authorized CBP officer”; and

d. Paragraph (b) is amended: In the first sentence, by removing the words “The Director, Border Security and Trade Compliance Division, shall” and adding in their place the words “CBP Headquarters will”; in the second sentence, by removing the words “Bureau of Government Financial Operations” and adding in their place the words, “Financial Management Service”; and, in the last sentence, by removing the words “port director and Fines, Penalties, and Forfeitures Officer” and adding in their place the words “appropriate CBP officer and the Director, RD”.

29. In § 113.40:

a. Paragraph (a) is revised;

b. Paragraph (b) introductory text is revised and the “Power of Attorney and Agreement (For Corporation)” form is amended by removing the designation “19__” each place that it appears and adding “20__” in its place;

c. Paragraph (c) is revised;

d. New paragraphs (d) through (g) are added in alphabetical order.

The revisions to § 113.40 read as follows:

(a) General provisions. In lieu of sureties on any bond required or authorized by any law, regulation, or instruction which the Secretary of Homeland Security, the Secretary of the Treasury, or the Commissioner of CBP are authorized to enforce, the Director, Revenue Division (RD) may accept United States money, United States bonds (except for savings bonds), United States certificates of indebtedness, Treasury notes, or Treasury bills in an amount equal to the face amount of the bond that would be required. The option to deposit cash or U.S. obligations in lieu of sureties is at the option of the importer. A CBP Form 301 designating the appropriate activity for the cash deposits or obligations in lieu of surety must also be filed. When cash or obligations in lieu of surety are accepted, it must be for a term of no more than one year. Additional cash deposits or obligations in lieu of surety may be required.

(b) Authority to sell United States obligations on default. At the time of deposit with the Director, Revenue Division (RD), of any obligation of the United States, other than United States money, the obligor must deliver a duly executed power of attorney and agreement authorizing the Director, RD, in the case of any default in the performance of any of the conditions of the bond, to sell the obligation so deposited and to apply the proceeds of the sale, in whole or in part, to the satisfaction of any damages, demands, or deficiency arising by reason of default. The format of the power of attorney and agreement, when the obligor is a corporation, will be modified as appropriate when the obligor is either an individual or a partnership and reads as follows:

(c) Application of United States money or obligations on default. If U.S. cash or obligations are deposited in lieu of surety on any bond, the appropriate CBP officer is authorized to apply the cash or money received from the deposited obligation to satisfy any damages, demand, or deficiency arising from a default under the bond.

(d) Application to the satisfaction of damages, demands or deficiencies—(1) Matters subject to protest. When the time to protest duties, fees, taxes, charges or exactions as set forth in 19 U.S.C. 1514 expires and no timely protest has been filed, or when a timely protest is filed and is denied in whole or in part, CBP may collect against the cash deposit or obligation in lieu of surety and take any and all necessary steps to accomplish such collection.

(2) User fees. When the user fees required to be collected are not remitted to CBP in the time period prescribed by law or regulation, CBP may collect against the cash deposit or obligation in lieu of surety and take any and all necessary steps to accomplish such collection.

(3) Matters subject to administrative petition—(i) No timely petition. If no petition has been filed by the day after the expiration of the petitioning period provided by regulation or specific notice, CBP may collect against the cash deposit or obligation in lieu of surety and take any and all necessary steps to accomplish such collection. CBP may entertain untimely petitions and supplemental petitions and, if relief is granted and collection has been made, CBP will return to the established cash account the difference between the amount collected and the amount ultimately applied.

(ii) Timely petition. If CBP denies a petition, CBP may collect immediately against the cash deposit or obligation in lieu of surety and take any and all necessary steps to accomplish such collection. If CBP grants relief, CBP will return to the established cash account the difference between the amount posted and the amount ultimately applied after petitioning, taking all steps necessary to accomplish such collection.

(4) No waiver of rights. Forbearance or delay on the part of CBP in collection after it acquires the right to do so pursuant to the terms set forth in this section will not constitute a waiver of the Government's right to collect from the cash deposits or obligations in lieu of surety.

(e) Additional security. If, at any point prior to the expiration of the one-year maximum term for cash or obligations in lieu of a bond, CBP determines that the cash or obligations are not sufficient security, CBP possesses the right to require new, additional cash or obligations to be posted in lieu of surety. If new, additional cash or obligations are not timely posted, CBP may as a matter of right take action to prevent the party from continuing the activity for which the initial cash or obligations was posted. CBP will continue to hold the initial cash or obligations as a matter of right subject to the provisions found in paragraph (f) of this section.

(f) Return of cash or obligations and setoff—(1) Tenure of holding. CBP will hold cash and obligations until such time as CBP is reasonably certain that no circumstances will arise where CBP will need to collect against it. When CBP determines that it is reasonably certain that no circumstances may arise where it would need to collect against the cash or obligations and that the cash or obligations can be returned, CBP will, pursuant to § 24.72 of this chapter, set off the cash or obligations against debt owed to CBP.

(2) No interest to accrue on cash in lieu of surety. Cash in lieu of surety does not earn interest while CBP holds it, and it may not be placed in an interest-bearing account, not even a low-interest, low-risk account, under any circumstances.

(g) No limitation on an importer's liability for duty and no effect on the duration of that liability. An importer is personally liable for duties, taxes, and charges found due in connection with an entry of merchandise. Furthermore, there is no statute of limitations governing an importer's liability for such duties, taxes, and charges. The fact that an importer posts cash or obligations in lieu of a bond does not alter or affect the two legal facts just described.

30. Section 113.41 is amended by: removing the word “shall” and adding in its place the word “must”; and removing the word “Customs” and adding in its place the term “CBP”.

31. Section 113.42 is amended by: removing from the first sentence the word “shall” and adding in its place the word “must”; removing the word “Customs” and adding in its place the term “CBP”; removing the reference to “§ 133.43(a)” and adding in its place a reference to “§ 113.43(a)”; and removing in the second sentence the word “shall” and adding in its place the word “will”.

32. In § 113.43:

a. Paragraph (a) is amended by removing the words “of 2 months” and adding in their place the words “not to exceed 60 days”;

b. Paragraph (b) is amended by: removing the word “shall” each place that it appears and adding the word “will”; and removing the words “2 months” each place that they appear and adding the words “60 days”; and

c. Paragraph (c) is amended by removing the word “shall” each place that it appears and adding the word “will”.

33. In § 113.44, paragraph (b) is amended by removing the word “shall” and adding in its place the word “must”.

34. Section 113.45 is amended by: removing the word “shall” and adding in its place the word “must”; and removing the word “entry” each place that it appears and adding the word “transaction”.

35. Section 113.51 is amended by removing the word “Customs” and adding in its place the term “CBP”.

36. Section 113.52 is amended by: removing the word “Customs” and adding in its place the term “CBP”; removing the symbols “§§ ” and adding in their place the symbol “§ ”; removing the words “is unsatisfied” and adding in their place the words “has not been satisfied”; and removing the word “shall” and adding in its place the word “will”.

37. In § 113.53:

a. The section heading is amended by removing the word “Customs” and adding in its place the term “CBP”;

b. Paragraph (a) is amended by: removing in the paragraph heading the word “Customs” and adding in its place the term “CBP”; removing in the introductory text the word “Customs” each place that it appears and adding the term “CBP”; and adding in paragraph (a)(3) after the word “Commissioner” the words “of CBP”; and

c. Paragraph (b) is amended by: adding in the paragraph heading, after the word “director”, the words “or other authorized CBP officer”; removing, in the text, the word “Customs” and adding in its place the term “CBP”; adding after the word “director” the words “or other authorized CBP officer”; and removing the word “shall” and adding in its place the word “will”.

38. In § 113.55:

a. Paragraph (c) is amended by: removing in the introductory text the word “shall” each place that it appears and adding the word “must”; removing the word “Customs” and adding in its place the word “customs”; removing in paragraph (c)(1) the word “shall” and adding in its place the word “will”; and removing in paragraph (c)(3) the word “Customs” and adding in its place the term “CBP”; and

b. Paragraph (d) is removed.

40. Section 113.61 is amended, in the first sentence, by removing the upper case word “Customs” and adding in its place the lower case word “customs”; and in the second sentence, by removing the word “Customs” and adding in its place the term “CBP”.

41. In § 113.62:

a. The introductory text is amended by: removing the word “shall” and adding in its place the word “must”; and by removing the words “single entry” and adding in their place the words “single transaction”;

b. Paragraphs (a)(1), (a)(1)(ii), and (a)(2) are amended by: removing the word “Customs” each place that it appears and adding the term “CBP”; and in paragraph (a)(1)(i), by adding after the word “regulation” the words “and including payments made via periodic monthly statement”;

c. Paragraph (a)(3) is amended by removing the words “the port director” and adding in their place the term “CBP”;

d. The introductory text to paragraph (b) and paragraph (b)(1) are amended by removing the word “Customs” each place that it appears and adding the term “CBP”;

e. Paragraph (c) is amended by removing the word “Customs” and adding in its place the term “CBP”;

f. Paragraph (d) introductory text is amended by removing the word “Customs” wherever it appears and adding in each place the term “CBP”;

g. Paragraph (f) introductory text and paragraph (f)(2) are amended by removing the word “Customs” wherever it appears and adding in each place the term “CBP”;

h. Paragraph (f)(3) is revised;

i. Paragraph (g)(1) is amended by removing the word “Customs” and adding in its place the term “CBP”;

j. Paragraph (h)(2) is revised;

k. Paragraphs (h)(3) and (h)(4) are amended by removing the word “Customs” each place that it appears and adding the term “CBP”;

l. The heading and text of paragraph (i) are amended by removing the words “Customs Regulations” each place that they appear and adding the words “CBP regulations”; and by removing the words “Customs security” each place that they appear and adding the words “CBP security”;

m. Paragraphs (m)(2) and (m)(4) are amended by removing the word “Customs” each place that it appears and adding the term “CBP”; and by removing the word “shall” each place that it appears and adding the word “will”.

The revisions to § 113.62 read as follows:

(f) * * *

(3) Keep any customs seal or cording on the merchandise intact until the merchandise is examined by CBP.

(h) * * *

(2) If a fishing vessel, to present the original approved application to CBP within 24 hours on each arrival of the vessel in the customs territory of the United States from a fishing voyage;

42. In § 113.63:

a. The introductory paragraph is amended by removing the word “shall” each place that it appears and adding the word “must”;

b. Paragraphs (a)(2) and (a)(3) are amended by removing the word “Customs” each place that it appears and adding the term “CBP”; and paragraph (a)(3) is further amended by adding the term “CBP” immediately before the word “regulations”;

c. Paragraph (a)(5) is amended by removing the word “Customs” each place that it appears and adding the term “CBP”;

d. Paragraphs (b)(2) and (b)(3) are amended by removing the word “Customs” each place that it appears and adding the term “CBP”;

e. Paragraphs (c)(1), (c)(2), (c)(3) and (c)(4) are amended by removing the word “Customs” each place that it appears and adding the term “CBP”;

f. Paragraph (d) is amended by removing in the paragraph heading and text the word “Customs” each place that it appears and adding the term “CBP”;

g. Paragraph (e) is amended by removing the words “Customs laws and regulations” and adding in their place the words “customs laws and CBP regulations”;

h. The heading and text of paragraph (f) are amended by removing the words “Customs Regulations” each place that they appear and adding the words “CBP regulations”, and by removing the words “Customs security” each place that they appear and adding the words “CBP security”;

i. Paragraphs (h)(1), (h)(2) and (h)(5) are amended by removing the word “Customs” each place that it appears and adding the term “CBP”;

j. Paragraph (i)(2) is amended by removing the word “shall” and adding in its place the word “will”; and by removing the word “Customs” and adding in its place the term “CBP”; and

k. Paragraph (i)(3) is amended by removing the word “Customs” and adding in its place the term “CBP”.

43. In § 113.64:

a. The introductory paragraph is amended by: removing the word “shall” and adding in its place the word “must”; and by removing the word “entry” and adding in its place the word “transaction”;

b. Paragraph (a) is amended by removing the second sentence;

c. Existing paragraphs (b) through (k) are redesignated as paragraphs (c) through (l);

d. A new paragraph (b) is added;

e. Newly redesignated paragraph (c) is amended by removing the word “Customs” each place that it appears and adding the term “CBP”; and in the third sentence by removing the word “shall” and adding in its place the word “will”;

f. The heading and text of newly redesignated (j) are amended by removing the words “Customs Regulations” each place that they appear and adding the words “CBP regulations”; and by removing the words “Customs security” each place that they appear and adding the words “CBP security”; and

g. Newly redesignated paragraphs (l)(1) and (l)(2) are amended by removing the word “Customs” each place that it appears and adding the term “CBP”.

The revisions to § 113.64 read as follows:

(b) Agreement to pay liquidated damages—(1) Passenger processing fees: If the principal (carrier) fails to pay passenger processing fees to CBP no later than 31 days after the close of the calendar quarter in which they were required to be collected pursuant to § 24.22(g) of this chapter, the obligors (principal and surety, jointly and severally) agree to pay liquidated damages equal to two times the passenger processing fees which were required to be collected but not timely remitted to CBP, regardless of whether such fees were in fact collected from passengers, as prescribed by regulation.

(2) Railroad car processing fees: If the principal (carrier) fails to pay railroad car processing fees to CBP no later than 60 days after the close of the calendar month in which they were collected pursuant to § 24.22(d) of this chapter, the obligors (principal and surety, jointly and severally) agree to pay liquidated damages equal to two times the railroad car processing fees which have not been timely paid to CBP as prescribed by regulation.

(3) Reimbursement fees payable by express consignment carrier and centralized hub facilities. If the principal (carrier) fails to timely pay the reimbursement fees payable to CBP by express consignment carrier facilities and centralized carrier facilities pursuant to the terms set forth in § 24.23(b)(4) of this chapter, the obligors (principal and surety, jointly and severally) agree to pay liquidated damages equal to two times the fees which have not been timely paid to CBP as prescribed by that section.

44. In § 113.65:

a. The introductory paragraph is amended by: removing the word “shall” and adding in its place the word “must”; and by removing the word “entry” and adding in its place the word “transaction”; and

b. Paragraphs (a)(3) and (a)(4) are amended by removing the word “Customs” each place that it appears and adding the term “CBP”.

45. In § 113.66:

a. The introductory paragraph is amended by removing the word “shall” each place that it appears and adding the word “must”;

b. Paragraph (a) introductory text and paragraph (a)(1) are revised;

c. Paragraph (b)(3) is amended by removing the word “Customs” and adding in its place the term “CBP”;

d. Paragraph (c)(2) is amended by removing the word “Customs” and adding in its place the term “CBP”;

e. Paragraph (d)(2) is amended by: removing the word “shall” and adding in its place the word “will”; and by removing the word “Customs” and adding in its place the term “CBP”; and

f. Paragraph (d)(3) is amended by removing the word “Customs” and adding in its place the term “CBP”.

The revisions to § 113.66(a) read as follows:

(a) Agreement to Enter Any Diverted Instrument of International Traffic. If the principal brings in and takes out of the customs territory of the United States an instrument of international traffic without entry and without payment of duty, as provided by the CBP regulations and section 322(a), Tariff Act of 1930, as amended (19 U.S.C. 1322(a)), the principal agrees to:

(1) Report promptly to CBP when the instrument is diverted to point-to-point local traffic in the customs territory of the United States or when the instrument is otherwise withdrawn in the customs territory of the United States from its use as an instrument of international traffic.

46. In § 113.67:

a. The introductory text to paragraph (a) is amended by removing the word “shall” each place that it appears and adding the word “must”;

b. Paragraphs (a)(1) introductory text, (a)(1)(i), and (a)(1)(iii) are amended by removing the word “Customs” each place that it appears and adding the term “CBP”;

c. Paragraph (a)(2)(iii) is amended by: removing the word “shall” and adding in its place the word “will”; and by removing the word “Customs” where it appears and adding in each place the term “CBP”.

d. The introductory text to paragraph (b) is amended by removing the word “shall” each place that it appears and adding the word “must”; and

e. Paragraphs (b)(1), (b)(1)(i), (b)(1)(iii), and (b)(2)(iii) are amended by removing the word “Customs” each place that it appears and adding the term “CBP”.

47. In § 113.68:

a. The introductory text is amended by: removing the word “shall” each place that it appears and adding the word “must”; and by removing the word “entry” and adding in its place the word “transaction”;

b. Paragraph (a) is amended by removing the word “Customs” and adding in its place the term “CBP”; and

c. The second sentence of paragraph (b) is amended by removing the word “shall” and adding in its place the word “will”; and by removing the word “Customs” and adding in its place the term “CBP”.

48. In § 113.69:

a. The introductory text is amended by: removing the word “shall” each place that it appears and adding the word “must”; and by removing the word “entry” and adding in its place the word “transaction”; and

b. The introductory paragraph in the “Production of Bill of Lading Bond Conditions” is amended by removing the word “Customs” and adding in its place the term “CBP”.

49. In § 113.70:

a. The introductory paragraph is amended by: removing the word “shall” each place that it appears and adding the word “must”; and by removing the word “entry” and adding in its place the word “transaction”; and

b. The first sentence in the “Bond Condition to Indemnify United States for Detention of Copyrighted Material” is amended by removing the word “Customs” and adding in its place the term “CBP”.

50. In § 113.71, the introductory text is amended by: removing the word “shall” each place that it appears and adding the word “must”; and by removing the word “entry” and adding in its place the word “transaction”.

51. In § 113.72, the introductory text is amended by: removing the word “shall” each place that it appears and adding the word “must”; and by removing the word “entry” and adding in its place the word “transaction”.

52. In § 113.73:

a. The introductory text is amended by removing the word “shall” each place that it appears and adding the word “must”;

b. Paragraph (a)(1) is amended by removing the word “Customs” and adding in its place the term “CBP”;

c. Paragraph (a)(2) is amended by: removing the word “Customs” each place that it appears and adding the term “CBP”; and by removing the word “shall” in the third sentence and adding in its place the word “will”;

d. Paragraph (b) is amended by: removing the word “shall” and adding in its place the word “will”; and by removing the word “Customs” and adding in its place the term “CBP”;

e. Paragraph (d)(2) is amended by removing the phrase “Customs officer” and adding in its place the term “CBP Officer”; and

f. Paragraph (e) is amended by removing the word “Customs” and adding in its place the term “CBP”.

53. Section 113.74 is amended by removing the word “entry” and adding in its place the word “transaction”.

Appendix A to Part 113—[Amended]

54. Appendix A to Part 113 is amended by removing:

a. In the Appendix heading, the title of the bond, and the text of the bond, the words “Customs security” each place that they appear and adding the words “CBP security”; and

b. In the text of the bond, the number “19” where it appears and adding the number “20”; the words ”Customs airports” and adding the words “CBP airports”; and the words “Customs Regulations” and adding the words “CBP regulations”.

Appendix B to Part 113—[Amended]

55. Appendix B to Part 113 is amended by removing the word “Customs” each place that it appears and adding the term “CBP”.

Appendix C to Part 113—[Amended]

56. Appendix C to Part 113 is amended by removing the word “Customs” each place that it appears and adding the term “CBP”.

(d) Samples available to the trademark owner. At any time following seizure of the merchandise, CBP may provide a sample of the subject merchandise to the owner of the trademark for examination, testing, or other use in pursuit of a related private civil remedy for trademark infringement. To obtain a sample under this section, the trademark/trade name owner must furnish CBP with a single transaction bond in the form and amount specified by the port director or a continuous bond in the form and amount specified by the Director, Revenue Division. CBP may demand the return of the sample at any time. The owner must return the sample to CBP upon demand or at the conclusion of the examination, testing or other use in pursuit of a related private civil remedy for trademark infringement. In the event that the sample is damaged, destroyed, or lost while in the possession of the trademark owner, the owner must, in lieu of return of the sample, certify to CBP that: “The sample described as [insert description] and provided pursuant to 19 CFR 133.21(d) was (damaged/destroyed/lost) during examination, testing or other use.”

59. Section 133.25(c) is revised to read as follows:

(c) Samples available to the trademark or trade name owner. At any time following presentation of the merchandise for CBP's examination, but prior to seizure, CBP may provide a sample of the suspect merchandise to the owner of the trademark or trade name for examination or testing to assist in determining whether the article imported bears an infringing trademark or trade name. To obtain a sample under this section, the trademark/trade name owner must furnish CBP with a single transaction bond in the form and amount specified by the port director or a continuous bond in the form and amount specified by the Director, Revenue Division. CBP may demand the return of the sample at any time. The owner must return the sample to CBP upon demand or at the conclusion of the examination or testing. In the event that the sample is damaged, destroyed, or lost while in the possession of the trademark or trade name owner, the owner must, in lieu of return of the sample, certify to CBP that: “The sample described as [insert description] and provided pursuant to 19 CFR 133.25(c) was (damaged/destroyed/lost) during examination or testing for trademark infringement.”

60. In § 133.42, paragraph (e) is amended by: revising the second sentence; removing the word “Customs” where it appears and adding in each place the term “CBP”; and, in the last sentence, removing the word “shall” and adding in its place the word “must”.

The revision to § 133.42(e) reads as follows:

(e) Samples available to the copyright owner. * * * To obtain a sample under this section, the copyright owner must furnish to CBP a single transaction bond in the form and amount specified by the port director or a continuous bond in the form and amount specified by the Director, Revenue Division. * * *

Approved: December 14, 2009.

Jayson P. Ahern,

Acting Commissioner, U.S. Customs and Border Protection.

Timothy E. Skud,

Deputy Assistant Secretary of the Treasury.

[FR Doc. E9-30920 Filed 1-4-10; 8:45 am]

BILLING CODE 9111-14-P