• Type : Entry • HTSUS :

ENT-1-01 CO:R:C:E 223140 CB

Michael J. Horton, Esq.
Horton & Whiteley
1900 Embarcadero
Suite 201
Oakland, CA 94606

RE: Entry of merchandise for exhibition or trade fair; 19 U.S.C. 1755

Dear Mr. Horton:

This is in reply to your letter of April 11, 1991, wherein you requested a binding ruling on behalf of your client, Logistics Management, Inc. (hereinafter "LMI"). In your submission you posed several questions concerning entry procedures and broker compliance.

FACTS:

The business of LMI will be to assist various foreign parties located anywhere in the world to bring merchandise to the United States for the primary purpose of exhibition. The foreign exhibitors will ship goods to LMI at many ports throughout the United States, and LMI will be the consignee of the merchandise shipped for exhibition. You state that all Customs documentation will be prepared and filed by licensed Customshouse brokers.

LMI provides personal supervision at the exhibition sites before, during and after the exhibition event. Members of LMI's professional staff attend every major show to ensure timely delivery of the exhibition materials, and the staff remains throughout the duration of the show to answer questions and assist the foreign exhibitors. LMI also coordinates with the local service contractors and drayage companies to arrange movement of exhibition goods from the various ports of entry to the exhibition site. Subsequent to the actual exhibition, LMI also coordinates the movement of goods either to a final U.S. destination or back to any foreign country designated by the foreign exhibitor.

The various Customs entry procedures and Customs brokers procedures which LMI wishes to follow in the course of its business are as follows: 1) Customshouse broker is importer of record; 2) LMI is importer of record; or 3) foreign exhibitor is importer of record.

ISSUE:

1) May LMI, as consignee of the exhibition merchandise, appoint a Customshouse broker to be the importer of record of the goods and clear the goods?

2) May LMI, as consignee of the exhibition merchandise, be named as the importer of record on the Customs entries filed by the Customshouse broker to clear the goods?

3) Where LMI appoints a Customshouse broker to clear the exhibition merchandise and the foreign exhibitor is shown as the importer of record, may the Customshouse broker submit his bill for services rendered in the name of the foreign exhibitor, but sent in care of LMI?

LAW AND ANALYSIS:

Under normal entry procedures, pursuant to 19 U.S.C. 1484 only an "importer of record" has the right to make entry. "Importer of record" is defined as the owner or purchaser of the goods, or when designated by the owner, purchaser, or consignee, a licensed customhouse broker. A nominal consignee may designate a customhouse broker to make entry on his behalf but may not make entry on his own behalf. If a customhouse broker makes entry for a nominal consignee, the broker must appear as importer of record.

However, the fact situation you described in your letter is provided for in 19 U.S.C. 1751 through 1756 which governs trade fairs. Under 19 U.S.C. 1755 the fair operator is deemed the sole consignee and importer of all articles entered. Customs administration and interpretation of 1751-1756 is contained in 19 CFR Part 147. The regulations reiterate that the fair operator shall be deemed for Customs purposes the sole consignee of the merchandise and responsible for all duties and charges due on account of such entries. 19 CFR 147.11(a). Therefore, the answer to two of your questions is No. Under the statute and regulations, your client is unable to make entry if it is named as importer of record nor is it able, as consignee, to appoint a Customshouse broker. In view of our answer to the first two questions, we see no need to address the third question you posed.

HOLDING:

The trade fair operator is the sole consignee and importer of record of exhibition merchandise imported into the United States for a fair.


Sincerely,

John A. Durant, Director
Commercial Rulings Division