Meaning
Federal import regulations empower United States Customs and Border Protection to demand the return of released merchandise to customs custody. Under 19 CFR 141.113 redelivery, the government issues a formal demand when goods are found to violate labeling or safety standards after their initial release at the port of entry. The demand must be made within thirty days of the release date or within thirty days after the end of the conditional release period.
Demand Mechanism
Customs officers execute the demand by issuing CBP Form 4647 or an equivalent electronic notification to the importer of record. This notification specifies the reason for the demand and provides a set timeframe (usually thirty days) for the importer to return the merchandise to the designated customs port. Failure to return the goods or to bring them into compliance within the allowed period constitutes a breach of the basic importation bond.
Liquidated Damage
Importers who do not comply with the return demand face severe financial penalties. The surety company and the importer are jointly liable for liquidated damages equal to the value of the non-compliant merchandise plus any estimated duties and taxes. If the merchandise is restricted or prohibited, the damages escalate to three times the total entered value of the shipment.
This financial pressure ensures that importers maintain strict tracking of distributed shipments.
Compliance Resolution
Resolving a demand requires the importer to export the goods or destroy them under customs supervision. Once verified, the bond liability is released.
