Goods that are imported are released based on the filing of the entry and/or entry summary with Customs but before Customs may have determined whether or not the goods are admissible into the U.S. “Release” refers to Customs relinquishing physical control over the goods. However, Customs will not release the goods without evidence of an entry bond being filed. The bond offers protection to Customs in that the importer guarantees return of the goods to Customs custody if requested. Customs will order the return of goods for 1) failure to abide by the customs laws and regulations; 2) a need for examination or appraisal of the goods; 3) issues regarding country of origin marking.
As mentioned goods that are released may be subject to redelivery.
Customs may make the demand for redelivery
1. 30 days after release; or
2. 30 days after the end of a “conditional release period;”
3. or via conditional release periods pursuant to regulations for certain products.
Customs cannot make a demand for redelivery after liquidation is finalized.
Examples that create a conditional release period include: 1) Customs demand for a sample of the goods; 2) Customs request for information (CF28). The consequences for failure to comply with Customs conditional release may include substantial delays and a claim for liquidated damages.
