Importer Recordkeeping Obligations: What Do I Need to Keep?

AuthorChristine H. Martinez, Susan Kohn Ross, Cyndee Todgham Cherniak
Pages151-160
CHAPTER 7
Importer Recordkeeping
Obligations: What Do I Need
to Keep?
CHRISTINE H. MARTINEZ, SUSAN KOHN ROSS,
CYNDEE TODGHAM CHERNIAK1
In a world where invoices are sent to U.S. Customs and Border Protection (CBP)
via EDI (electronic data interchange); manifests and entries are filed via ACE
(automated commercial environment); and actual documents are only provided to
CBP when the entry goes EDR (entry documents required), the modern importer
may be surprised to learn how important it remains to maintain original (often
paper) records of all transactions. The importance of maintaining and being able
to produce records when requested by CBP cannot be overstated.
Simply put, it is the law to maintain records! What is the reasoning behind
the recordkeeping requirements? As a U.S. court of appeals succinctly explained,
it is to “enhance Customs’ ability to insure compliance with the Customs’
laws.”2 In other words, CBP can only know whether the information provided at
entry is correct if it can compare that information to the source and supporting
documents.
The statutory provisions related to recordkeeping are 9 U.S.C. §§ 508
and 509. The records that must be kept, maintained, and rendered for exami-
nation are set forth in § 508, while § 509 g ives CBP the authority to exam-
ine and require production of those records as well as examine “any record”
that may be “relevant” to an investigation or inquiry. The recordkeeping
regulations, implementing these statutory mandates, are found in 9 C.F.R.
Part 63.
The bottom line is that importers are generally required to keep just about
every business record pertaining to a given importation imaginable, but the dura-
tion and form of that retention varies depending on the type of document (and,
in most cases, records must be kept for a different, shorter period of time than
for tax purposes). As a result, a proper recordkeeping program is vital. This chap-
ter provides a summary of the various CBP requirements and best practices of
recordkeeping programs. From the outset, it is important to keep in mind that
if the impor ted goods are subject to the jurisdiction of any other agencies, those
requirements must also be identified and followed.
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