What Causes a Claim?

Claims are caused by improper handling of Carnet merchandise.  Here are some examples which may result in a claim:

• Goods are sold and will remain in the importing country permanently;
• Goods are stolen or lost;
• Goods are not re-exported in a timely manner:
• Re-exported after the expiration of a Carnet from an importing country; or
• Re-exported after a designated date of re-exportation set by a foreign customs inspector at the time of importation.
• Indirect proof of re-exportation may cause a claim for countries such as Austria, Singapore, Switzerland, and UAE

Customs authorities have a right to limit the duration of a Carnet to less than the Carnet validity.  When such a restriction is noted on the importation counterfoil of the Carnet, the Holder must ensure that the goods are re-exported on or before that date. The Holder may petition foreign customs for an extension of this date. However, permission must be obtained prior to the designated date of re-exportation. It has been our experience that India, Mexico, Korea, Malaysia, Singapore, and Thailand typically restrict importations on Carnets.

• Clerical errors made by Carnet Holders or their authorized representatives or customs inspectors, e.g., the handling of split or partial shipments under Carnets.

When Will a Claim be Issued?

A foreign customs authority must issue a claim within twelve months after the Carnet expiration. Working in conjunction with USCIB, Holders have six months from the date of the customs claim notification, within which to provide evidence of re-exportation out of the country issuing the claim. Once a claim is received, the Carnet will not be cancelled and the security against the Carnet will be held until all claims are resolved.

How Will I be Notified?

Upon receipt of a claim from foreign customs, USCIB will verify its validity and will attempt to settle the claim based on the documentation within the Carnet itself.  However, if the necessary evidence is not available, USCIB will send a claim notification letter to the Holder at the address in our file. It is important for Carnet Holders to notify their Service Provider of any changes in address and/or contact people.

Please note that there is a time limit to present evidence to foreign customs. The Holder is expected to assist USCIB’s Claims Examiners in settling the claim by responding promptly to our notifications. The Holder should:

• Submit all documentary proof to USCIB immediately; or
• Send written authorization, including Carnet number, to pay the taxes, duties and penalties as assessed by the foreign customs if the merchandise will remain in the importing country permanently; or
• Contact a Foreign Claims Examiner for further assistance.

There are two types of Carnet proof that may resolve a Claim:

Carnet Proof

A Re-exportation Counterfoil validated by a customs inspector of the country issuing the claim. The date of customs validation on the counterfoil must be after the date of importation on the claim and before the expiry date of the Carnet.
For the European Union (EU), the Re-exportation Counterfoil may be validated by a custom inspector from any EU country.
If foreign customs accept this type of evidence in settling the claim, payment of taxes and duties is usually not necessary.

1. A Re-importation or Exportation Voucher/Counterfoil validated by a U.S. Customs inspector which documents the same goods that were imported into the country issuing the claim. The date of the customs validation must be after the date of importation on the claim and before the expiry date of the Carnet;
2. An Importation or Re-exportation Counterfoil validated by a foreign customs inspector which documents the same goods that were imported into the country issuing the claim. The date of the customs validation must be after the date of importation on the claim and before the expiry date of the Carnet.

Some foreign customs authorities may impose a “Regularization Fee” for accepting this type of proof.For further assistance, please contact a Foreign Claims Examiner.

Non-Carnet Proof

Non-Carnet proof includes customs-validated documents dated after the date of importation on the claim. USCIB does not guarantee the acceptance of non-Carnet proof by foreign customs.Please ensure that the Carnet number and other Carnet-specific information are indicated on any of the following documents: e.g., description of merchandise as listed on the General List, the value and the total weight of the goods.

Certificate of Disposition Validated by U.S. Customs Service (Form CF3227)

A Certificate of Disposition is used to provide evidence to foreign customs that the goods in question have been re-imported into the U.S. The Holder should present the merchandise to the U.S. Customs office, upon or after re-importation, for inspection and obtain proper certification using the Certificate of Disposition form. Contact the Entry Branch of the U.S. Customs office for details and to schedule an appointment. Click here to download the form, instructions, and a sample.

Foreign Customs Cashier’s Receipt

In the case of a sale of merchandise (either in part or in whole), the USCIB recommends that Holders secure a foreign customs cashier’s receipt before departure from the importing country. This receipt will be used to prove payment of applicable duties and taxes upon receipt of a claim. The cashier’s receipt should indicate the Carnet number and items numbers on the General List for which payment is being made. At the time the receipt is obtained, Holders should also request the customs authorities to make the appropriate notations on the re-exportation voucher. Upon return to the U.S., Holders should send a copy of the receipt to USCIB, Foreign Claims Division, 1212 Avenue of the Americas, New York, NY 10036.

Customs Entry Forms Used at the Time of Re-importation into the US,

1. Entry/Immediate Delivery (Form CF3461)
2. Carrier Certificate
3. Entry Summary (Form CF 7511)

What Charges Might I Face?

Duties, Taxes and Penalties; Regularization Fees

A Carnet allows the temporary importation of merchandise without the deposit of taxes (e.g., value-added taxes, VAT) and duties or the purchase of an import bond.  With a customs claim for which there is no proof of re-exportation, duties, taxes and usually a penalty (10% of the duty and taxes) will become payable.

This VAT chart is a general reference guide. Actual taxes and duties may vary.

Regularization Fees and Penalties

Foreign customs may charge a Regularization Fee if the re-exportation counterfoil was not validated by a customs inspector upon re-exportation or if proof of re-exportation is submitted more than 6 months after the customs claims date (for the Netherlands ONLY).  The amount of this fee and its application vary from country to country.

Countries known to impose a Regularization Fee are:

Countries known to impose Penalties are:

USCIB Claims Handling Fees

Effective October 21, 2014:

USCIB reserves the right to assess any charges on any claims that require excessive claim Examiners’ time; telephone, facsimile or postage charges; and other situations that cause financial or other loss to USCIB as a result of misuse of an ATA Carnet.