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Prof: Hector Torres

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Hernandez Damarys C.I: 11.381.546
Elio Granados C.I: 10.533.205
In- bonds shipments: A security vulnerability waiting to be exploited.
July20, 2011
By: Jim Giermanski
In-bond shipments to and within the United States are shipments that are not intended to enter the commerce of the United States and, therefore, do not bear the requirement of payment of the appropriate import duties and taxes required under the law.

To ensure the US collects its duties in case an in-bond shipment does enter the commerce of the UnitedStates, Customs and Border Protection (CBP) requires the posting of containers of trailers. Ordinarily, these conveyances with their cargo have a final destination outside the United States, but can transit through the United States to a border port of export or to a US seaport for export.

In-bonds also could have a temporary destination in the United States but not technically withinCBP`s jurisdiction in the United States, such as destinations in a Foreign Trade Zone (FTZ) or bonded warehouses.

For merchandise eventually entered into the commerce of the United States, an importer may have a "single transaction bond (STB)" for a single customs transaction or a continuous bond for successive transactions used for bonded refining warehouses, like smeltingwarehouses.In-bonds classified as transportation and exportation (T&E) bonds are bonded goods that must transit from one port of entry to a port of export. In-transit (IT) bonds can be used for the movement of bonded cargo to internal ports of entry such as Dallas, St. Louis or Charlotte where they are cleared and any obligated duties and fees are paid. Even the container`s transport and handling must bedone by a bonded carrier.

All these bonds are surety or indemnity bonds that ensures CBP the payment of the scheduled duty listed in the Harmonized tariff. Schedule should the goods be lost, misdirected or fail to arrive at the port of export, bonded warehouse or foreign trade zone - or illegally entered into US commerce.

Given the nature of "in-bond" shipments transiting the UnitedStates, there is no government monitoring of its movement, or accessibility to the cargo. In 2008, I wrote about the vulnerability of this practice and the lack of oversight by CBP and the resulting security and fraud risks of this system.

Yet, three years later, and nothing has been done to address the security risks nor the potential fraud issues that have now become much moreblatant and potentially dangerous.

In its April 17, 2007 audit report, persistent weaknesses in In-bond Cargo System Impede Customs and Border Protection`s Ability to Address Revenue, Trade and Security Concerns, the Government Accountability Office (GAO) determined that CBP frequently does not follow up on shipments processed through the in-bond system.

GAO stated "the limitedinformation available on in-bond cargo also impedes CBP efforts to manage security risks and ensure proper targeting of inspections. In-bond goods transit the United States With a security score based on manifest information and do not use more accurate and detailed entry type information to re-score until and unless the cargo enters US commerce. As a result, some higher risk cargo may not be identifiedfor inspection and scare inspection resources may be used for some lower risk cargo."

Not only has CBP failed to address this security problem, it also has failed to address the import tax issue that costs the United Stated hundreds of millions of dollars in revenue, and raises the likelihood that contraband could move on to other US destinations and illegally enter the commerce of the...