d) Selectivity Processing, Document Review and Examination

(3) Release Order - CBP personnel shall not authorize any merchandise for delivery to a zone until a release order has been executed by the carrier which brought the merchandise to the port, unless the merchandise is released back to that same carrier for delivery to the zone (See 19 U.S.C. §1484). When a release order is required, it shall be made on any of the forms specified in 19 CFR 141.11 or by the following statement attached to the CBPF 214:

Authority is hereby given to release the merchandise described in this application to:

Name of Carrier_________________________________

________________________________________________ Signature and title of carrier representative

A blanket or qualified release order may be authorized for the transfer of merchandise to a zone as set forth in 19 CFR 141.11 and 146.32(b)(3).

(4) Application to Unlade – For merchandise unladen in the zone directly from the importing carrier, the application on e-214/CBPF 214 shall be supported by an application to unlade on CBPF 3171 (19 CFR 146.32(b)(4)).

(5) Other Documentation - The Port Director may require additional information or documentation as needed to conduct an examination of merchandise under CBP selective processing criteria, or to determine whether the merchandise is admissible to the zone (19 CFR 146.32(b)(5) and Section 6.3(a) FTZM). This includes documentation such as export certificates for certain steel products and machine tools under voluntary restraint agreements (see Sections 11.5 and 11.6 FTZM) and information needed for selectivity processing such as importers' and manufacturers' numbers.

(d) Selectivity Processing, Document Review, and Examination – Cargo selectivity will be performed on all e-214 FTZ Admission Data. Automated Targeting System and Bio-Terrorism Act (BTA) processing will be performed. Prior Notice must be filed at the bill of lading level for FTZ and be in the system at the time of submission of the e-214 data. CBP will review the CBPF 214 application and supporting documentation for completeness and to determine whether the application may be approved without physical examination of the merchandise. CBP approves permits of admission for most low-risk shipments without examination, if the conditions for issuance of a permit under 19 CFR 146.32(c) otherwise exist. The decision whether to examine the merchandise is made according to various commodity and enforcement criteria maintained by CBP. Documentation will be reviewed and examinations conducted only at locations within a port of entry except as specified in Section 2.9 FTZM.

69

(1) Authority for Examination – The Port Director may cause any merchandise to be examined before or at the time of admission to a zone, or at any time thereafter, if the examination is considered necessary to facilitate the proper administration of any law, regulation, or instruction which CBP is authorized to enforce (19 CFR 146.10). The Port Director may authorize release of the merchandise without examination, as set forth in 19 CFR 151.2. If a physical examination is conducted, CBP personnel shall note the results of the examination on the examination invoices (19 CFR 146.36).

(2) Purposes of Examination - The overall objectives of CBP examination of merchandise to be admitted to a zone are to:

(i) determine if the goods are admissible to the zone;

(ii) determine the true liability of the Operator for merchandise received in a zone under its bond;

(iii) reduce the need for further examination of the merchandise if it is later transferred to the Customs territory, in the same condition, for consumption or warehouse; and

(iv) ensure full compliance with all applicable laws and regulations.

(3) Centralized Examination Station (CES) - Most examinations are done at a CES. These facilities allow CBP to position its personnel at fewer locations, where they can perform quicker and better examinations. The procedure for establishing and operating a CES (some of which may be located at foreign-trade zones) under a custodial bond (19 CFR 113.63) is set forth in 19 CFR 118. If CBP determines that examination at a CES is necessary, transfer to a CES may be authorized by CBP by a stamp on the CBPF 214 or other document requesting transfer of the merchandise to the zone (19 CFR 151.15). Transfer is done under the bond of a licensed cartman, importing carrier, bonded carrier, or container freight station, depending on the situation or under the Operator’s bond from the CES. Payment of transfer costs to and from the CES or other place of examination is the responsibility of the Applicant for admission, or consignee, not the Operator.

(4) Examination at Other Locations - At ports where there is no CES, the merchandise will be examined at the place of unlading or arrival of the merchandise at the port, unless the Port Director requires or allows the merchandise to be examined at another place. The Applicant for admission may request examination at another place including a zone. However, CBP will not examine any merchandise at a location outside a port of entry, except as set forth in Section 2.9(a) FTZM.

70