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There are several types of invoices accepted by
Customs. Additionally, pro forma invoices can be used in a
variety of situations. Some of these examples are listed as follows in
items 1 through 4.
Type of invoice required.
| 1. |
[Reserved.]
|
| 2. |
Special
summary invoice. A special summary invoice shall be
presented for each shipment of merchandise described
in 141.89(b).
|
| 3. |
Commercial
invoice.
| (a) |
A
commercial invoice shall be filed for each
shipment of merchandise not exempted by
paragraph (d) of this section. The commercial
invoice shall be prepared in the manner
customary in the trade, contain the
information required by 141.86 through 141.89,
and substantiate the statistical information
required by 141.61 (e) to be given on
the entry, entry summary, or withdrawal
documentation. |
| (b) |
The district director may
accept a copy of a required commercial invoice
in place of the original. A copy, other than a
photo static or photographic copy, shall
contain a declaration by the foreign seller,
the shipper, or the importer that it is a true
copy.
|
|
| 4. |
Commercial invoice not
required. A commercial invoice shall not be required
in connection with the filing of the entry, entry
summary, or withdrawal documentation for merchandise
listed in this paragraph. The importer, however, shall
present any invoice, memorandum invoice, or bill
pertaining to the merchandise which may be in his
possession or available to him. If no invoice or bill
is available, a pro forma (or substitute) invoice, as
provided for in 141.85, shall be filed, and shall
contain information and documentation which verify the
information required for statistical purposes by
141.61 (e). The merchandise subject to the foregoing
requirements is as follows:
|
|
| (a) |
Merchandise
having an aggregate purchase price or value, as
specified in paragraph (a) of this section, of
$500 or less.
|
| (b) |
Merchandise
not intended for sale or any commercial use in
its imported condition or any other form, and
not brought in on commission for any person
other than the importer.
|
| (c) |
[Reserved.]
|
| (d) |
[Reserved.]
|
| (e) |
Merchandise
returned to the United States after having been
exported for repairs or alteration under
subheadings 9802.00.40 and 9802.00.60,
Harmonized Tariff Schedule of the United States
(19 U.S.C. 1202).
|
| (f) |
Merchandise
shipped abroad, not delivered to the consignee,
and returned to the United States.
|
| (g) |
Merchandise
exported from continuous Customs custody within
6 months after the date of entry.
|
| (h) |
Merchandise
consigned to, or entered in the name of, any
agency of the U.S. Government.
|
| (i) |
Merchandise
for which an appraisement entry is accepted.
|
| (j) |
Merchandise
entered temporarily into the Customs territory
of the United States under bond or for permanent
exhibition under bond.
|
| (k) |
Merchandise
provided for in section 465 or 466, Tariff Act
of 1930 (19 U .S.C. 1465 or 1466), which pertain
to certain equipment, repair parts, and supplies
for vessels.
|
| (l) |
Merchandise
imported as supplies, stores, and equipment for
the importing carrier and subsequently made
subject to entry pursuant to section 446, Tariff
Act of 1930, as amended (19 U.S.C. 1446).
|
| (m) |
Ballast
(not including cargo used for ballast) landed from
a vessel and delivered for consumption.
|
| (n) |
Merchandise,
whether privileged or non-privileged, resulting
from manipulation or manufacture in a foreign
trade zone.
|
| (o) |
Screenings
contained in bulk importations of grain or
seeds.
|
|
[T.D. 73-175, 38 FR 17447, July 2, 1973, as
amended by T.D. 78-53, 43 FR 6069, Feb. 13, 1978; T.D. 79-221,
44 FR 46820, Aug. 9, 1979; T.D. 82-224, 47 FR 53728, Nov. 29,
1982; T.D. 84-213, 49 FR 41184, Oct. 19, 1984; T.D. 85-39, 50
FR 9612, Mar. 11, 1985; T.D. 89-1, 53 FR 51256, Dec. 21, 1988]
NOTE: The requirement for special Customs
invoice was waived by the Customs Service on March 1, 1982.
However, it may still be used. If a commercial invoice
is used, it must be signed by the seller and
shipper or their agents.
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