Returned American Products (CBP Shipment Type)
| This article is part of the Shipment Release Types Guide |
A Returned American Products Shipment, known for its corresponding form, CBP Form 3311, is a U.S. Shipment Type for goods to clear through US Customs and Border Protection and on an ACE Manifest. It is a type of Informal Entry that allows for the release at the border of shipments consisting of products of the United States being returned.
To qualify as a Returned American Products Shipment, the goods must have either been rejected or returned by the foreign purchaser to the United States for credit, and must not have been allowed Customs drawback or exemption from internal revenue tax when they were exported, or be otherwise subject to duty. Because the carrier would not normally be in a position to make these determinations it is important that the carrier rely on the importer or their customs broker to advise if Returned American Products should be the shipment type.[1][2]
Common supporting documents CBP may request (9801.00.10 / U.S. goods returned)
CBP has issued guidance that, for shipments valued over $2,500, CBP may request documentation from the importer to substantiate duty-free treatment under HTSUS 9801.00.10 (often called “U.S. and foreign goods returned”).[3]
- For either U.S.-manufactured goods or foreign-origin goods being returned (over $2,500)
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- Declaration by Foreign Shipper stating the products were not advanced in value or improved in condition while outside the U.S. (CBP notes a master-of-vessel certificate may be acceptable in certain circumstances in lieu of the foreign shipper declaration).[3]
- Declaration by the owner/importer/consignee/agent having knowledge of the facts regarding the duty-free claim (CBP provides signature/authority expectations for corporations).[3]
- Proof of export from the United States, such as:
- Copy of the entry into the foreign country; or
- U.S. export invoice or bill of lading/airway bill; or
- Electronic Export Information (EEI) or an Automated Export System (AES) filing exemption, as applicable.[3]
- Additional verification (may apply in specific cases)
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- For certain U.S.-manufactured goods over $2,500 entered three years after export that are not clearly marked with the U.S. manufacturer’s name/address, CBP may require additional substantiation (e.g., a manufacturer statement verifying the articles were made in the U.S.).[3]
CBP also notes it may request documentation to substantiate that the same articles exported from the U.S. are being returned (no substitution under an inventory management system), and that the merchandise must meet all requirements (e.g., not advanced in value/condition, not processed under drawback or TIB).[3]
Declaring a Returned American Products Shipment in ACE Manifest
Returned American Products Shipments are currently exempt from ACE Manifest filing requirements,[1] but carriers may elect to submit ACE information for them for the benefit of their records and for faster border processing times. To report a Returned American Products Shipment the carrier will need to create an ACE Shipment with the Shipment Type "Returned American Products" (may also be called "CBP Form 3311" depending on software being used), and ensure that the shipment is transmitted on their ACE Manifest. The example below shows how to report Returned American Products shipments using BorderConnect's ACE Manifest software.
Although a Returned American Products Shipment is different from a PAPS shipment, the carrier will still need to provide a unique Shipment Control Number, as well as all other information normally required for an ACE Shipment including Shipper, Consignee and Commodity information.
As with all Informal Entries, no Customs Broker should be involved and the carrier will not receive an Entry Number for the shipment. At the border, the driver must present a completed Customs Form 3311 in duplicate to the officer.[2]
References
- ↑ 1.0 1.1 Automated Commercial Environment Review of Shipment Release Types: Trucks https://www.cbp.gov/sites/default/files/documents/shipment_types_3.pdf
- ↑ 2.0 2.1 19 CFR § 10.1 — Domestic products; requirements on entry https://www.ecfr.gov/current/title-19/chapter-I/part-10/subpart-A/section-10.1
- ↑ 3.0 3.1 3.2 3.3 3.4 3.5 CBP CSMS #49163963 (Correction) — Updated Requirements for Importers and Brokers Regarding HTS Subheading 9801.00.10 https://content.govdelivery.com/accounts/USDHSCBP/bulletins/2ee2ebb