[Code of Federal Regulations]
[Title 26, Volume 16]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR48.4061(a)-2]

[Page 84-88]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 48_MANUFACTURERS AND RETAILERS EXCISE TAXES--Table of Contents
 
 Subpart H_Motor Vehicles, Tires, Tubes, Tread Rubber, and Taxable Fuel
 
Sec. 48.4061(a)-2  Bonding of importers.

    (a) Authority for requiring bond. Section 623 of the Tariff Act of 
1930, as amended (19 U.S.C. 1623), provides as follows:

    Sec. 623. Bonds and other security. (a) In any case in which bond or 
other security is not specifically required by law, the Secretary of the 
Treasury may by regulation or specific instruction require, or authorize 
collectors of customs to require, such bonds or other security as he, or 
they, may deem necessary for the protection of the revenue or to assure 
compliance with any provision of law, regulation, or instruction which 
the Secretary of the Treasury or the Customs Service may be authorized 
to enforce.
    (b) Whenever a bond is required or authorized by a law, regulation, 
or instruction which the Secretary of the Treasury or the Customs 
Service is authorized to enforce, the Secretary of the Treasury may--
    (1) Except as otherwise specifically provided by law, prescribe the 
conditions and form of such bond, and fix the amount of penalty thereof, 
whether for the payment of liquidated damages or of a penal sum: 
Provided, That when a consolidated bond authorized by paragraph 4 of 
this subsection is taken, the Secretary of the Treasury may fix the 
penalty of such bond without regard to any other provision of law, 
regulation, or instruction.
    (2) Provide for the approval of the sureties on such bond, without 
regard to any general provision of law.
    (3) Authorize the execution of a term bond the conditions of which 
shall extend to and cover similar cases of importations over such period 
of time, not to exceed one year, or such longer period as he may fix 
when in his opinion special circumstances existing in a particular 
instance require such longer period.
    (4) Authorize, to the extent that he may deem necessary, the taking 
of a consolidated bond (single entry on term), in lieu of separate bonds 
to assure compliance with two or more provisions of law, regulations, or 
instructions which the Secretary of the Treasury or the Customs Service 
is authorized to

[[Page 85]]

enforce. A consolidated bond taken pursuant to the authority contained 
in this subsection shall have the same force and effect in respect of 
every provision of law, regulation, or instruction for the purposes for 
which it is required as though separate bonds had been taken to assure 
compliance with each such provision.
    (c) The Secretary of the Treasury may authorize the cancellation of 
any bond provided for in this section, or of any charge that may have 
been made against such bond, in the event of a breach of any condition 
of the bond, upon the payment of such lesser amount or penalty or upon 
such other terms and conditions as he may deem sufficient.
    (d) No condition in any bond taken to assure compliance with any 
law, regulation, or instruction which the Secretary of the Treasury or 
the Customs Service is authorized to enforce shall be held invalid on 
the ground that such condition is not specified in the law, regulation, 
or instruction authorizing or requiring the taking of such bond.
    (e) The Secretary of the Treasury is authorized to permit the 
deposit of money or obligations of the United States, in such amount and 
upon such conditions as he may by regulation prescribe, in lieu of 
sureties on any bond required or authorized by a law, regulation, or 
instruction which the Secretary of the Treasury or the Customs Service 
is authorized to enforce.

    (b) Application for determination whether bond required--(1) 
Requirement of application--(i) In general. Except as otherwise provided 
in subparagraph (2) of this paragraph, every importer of articles 
taxable under section 4061(a) shall make application for a determination 
whether the importer is required to give bond in accordance with the 
provisions of paragraph (c) of this section. Such application shall be 
submitted in writing to the district director for the district in which 
the importer will file returns of any tax under section 4061(a) for 
which he may incur liability.
    (ii) Form of application. No form is prescribed for making the 
application required under subdivision (i) of this subparagraph, but 
such application shall include the following information:
    (a) The name of the person making the application and the address of 
his principal place of business, and, if the principal place of business 
of such person is outside the United States, the address of his 
principal place of business, office, or agency in the United States.
    (b) Information establishing that the person making the application 
is an importer of articles taxable under section 4061(a).
    (c) The kind and approximate number of automobiles, trucks, buses, 
etc., which the importer may be expected to import during an average 
calendar quarter and the approximate amount of tax under section 4061(a) 
for which the importer may be expected to incur liability in respect of 
such articles.
    (d) Whether the importer has filed returns of tax under chapter 31 
or chapter 32 within the 2-year period immediately preceding the date on 
which the application is filed, and, if so, the internal revenue 
district in which such returns were filed.
    (e) Facts pertaining to the importer's assets and liabilities which 
will aid the district director in determining whether a bond shall be 
required.
    (2) Exceptions. The provisions of subparagraph (1) of this paragraph 
shall have no application in any case where an article taxable under 
section 4061(a) is:
    (i) Incidentally imported by an individual for his personal use.
    (ii) Brought into the United States for export to a foreign country 
or possession of the United States.
    (iii) Admitted to the United States free of duty as an instrument of 
international traffic.
    (iv) Admitted to the United States free of duty as a temporary 
importation under bond.
    (v) Returned to the United States after having been sold in the 
United States and exported.
    (c) Requirement of bond--(1) In general. If the district director 
determines that a bond is necessary in order to insure payment of the 
tax under section 4061(a), and to assure compliance with all provisions 
of the Code and regulations thereunder, with respect to articles 
imported by any importer required to make application for a 
determination under paragraph (b) of this section, such bond shall be 
given by such importer. Such bond shall be submitted, in duplicate, to 
the district director for the district in which the importer will file 
returns of any tax under

[[Page 86]]

section 4061(a) for which he may incur liability.
    (2) Execution of bond--(i) In general. The bond required under this 
paragraph shall be executed with satisfactory surety. (For provisions as 
to what will be considered ``satisfactory surety'', see subparagraph (3) 
of this paragraph.) Such bond shall be conditioned that the principal 
shall not engage in any attempt, by himself or by collusion with others, 
to defraud the United States of any tax under section 4061(a); that he 
shall render truly and completely all returns, statements, and other 
documents required of him by law or regulations in respect of such tax; 
that he shall timely pay all such tax for which he is liable; and, in 
the case of any such tax in respect of an article released from customs 
custody by reason of such bond that he shall pay such tax whether the 
liability therefor is incurred by him or by some other person as the 
importer of the articles covered by the bond, unless such other person 
makes payment of such tax on or before the due date. The bond shall be 
in an amount which the district director believes to be sufficient to 
protect the interests of the United States with respect to all articles 
taxable under section 4061(a) which are released from customs custody by 
reason of such bond, but in no event shall the bond be in an amount less 
than the approximate amount of tax under section 4061(a) for which the 
principal may be expected to incur liability during an average calendar 
quarter. Such bond shall be signed by the individual, if the principal 
is an individual; the president, vice president, or other principal 
officer, if the principal is a corporation; a responsible and duly 
authorized member or officer having knowledge of its affairs, if the 
principal is a partnership or other unincorporated organization; or the 
fiduciary, if the principal is a trust or estate.
    (ii) Cancellation clause. The bond required under this paragraph may 
be accepted with a cancellation clause incorporated therein. Such 
cancellation clause shall provide that:
    (a) Any surety on the bond may at any time give notice to the 
principal and the district director that he desires to be relieved of 
liability under said bond after a date named, which shall be at least 60 
days after the receipt of notice by the district director.
    (b) If the notice is not withdrawn in writing prior to the date 
named in the notice, the rights of the principal as supported by said 
bond shall be terminated on such date (unless supported by another bond 
or bonds). The surety shall, however, remain liable with respect to any 
tax under section 4061(a) (plus penalties and interest) the liability 
for which is incurred in respect of articles released from customs 
custody by reason of the bond.
    (c) Said notice may not be given by an agent of the surety, unless 
it is accompanied by power of attorney duly executed by the surety 
authorizing the agent to give such notice or by a verified statement 
that such power of attorney is on file with the Treasury Department.
    (iii) Changes in bond. After filing of the bond required under this 
paragraph, no change may be made in the terms thereof except with the 
consent of the surety or sureties and subject to the approval of the 
district director.
    (3) Satisfactory surety--(i) Approved surety company or bonds or 
notes of the United States. For purposes of subparagraph (2) of this 
paragraph, a bond shall be considered executed with satisfactory surety 
if:
    (a) It is executed by a surety company holding a certificate of 
authority from the Secretary as an acceptable surety on Federal bonds; 
or
    (b) It is secured by bonds or notes of the United States as provided 
in 6 U.S.C. 15 (see 31 CFR Part 225).
    (ii) Other surety acceptable in discretion of district director. For 
purposes of subparagraph (2) of this paragraph, a bond may, in the 
discretion of the district director, be considered executed with 
satisfactory surety if, in lieu of being executed or secured as provided 
in subdivision (i) of this subparagraph, it is:
    (a) Executed by a corporate surety (other than a surety company), 
provided such corporate surety establishes that it is within its 
corporate powers to act as surety for another corporation or an 
individual;

[[Page 87]]

    (b) Executed by two or more individual sureties, provided such 
individual sureties meet the conditions contained in subdivision (iii) 
of this subparagraph;
    (c) Secured by a mortgage on real or personal property;
    (d) Secured by a certified, cashier's, or treasurer's check drawn on 
any bank or trust company incorporated under the laws of the United 
States or any State, Territory, or possession of the United States, or 
by a United States postal, bank, express, or telegraph money order;
    (e) Secured by corporate bonds or stocks, or by bonds issued by a 
State or political subdivision thereof, of recognized stability; or
    (f) Secured by any other acceptable collateral. Collateral shall be 
deposited with the district director or, in his discretion, with a 
responsible financial institution acting as escrow agent.
    (iii) Conditions to be met by individual sureties. If a bond is 
executed by two or more individual sureties, the following conditions 
must be met by each such individual surety:
    (a) He must reside within the State in which the principal place of 
business or legal residence of the primary obligor is located;
    (b) He must have property subject to execution of a current market 
value, above all encumbrances, equal to at least the penalty of the 
bond;
    (c) All real property which he offers as security must be located in 
the State in which the principal place of business or legal residence of 
the primary obligor is located;
    (d) He must agree not to mortgage, or otherwise encumber, any 
property offered as security while the bond continues in effect without 
first securing the permission of the district director; and
    (e) He must file with the bond, and annually thereafter so long as 
the bond continues in effect, an affidavit as to the adequacy of his 
security, executed on the appropriate form furnished by the district 
director.

Partners may not act as sureties upon bonds of their partnership. 
Stockholders of a corporate principal may be accepted as sureties 
provided their qualifications as such are independent of their holdings 
of the stock of the corporation.
    (iv) Adequacy of surety. No surety or security shall be accepted if 
it does not adequately protect the interest of the United States.
    (4) New or additional bond. The district director may require a new 
or additional bond under this section in any case where he deems it 
necessary or desirable in order to protect the interests of the United 
States.
    (d) Termination of requirement--(1) Application for relief from 
requirement. Any importer who has given bond as required under paragraph 
(c) of this section may make application for relief from such 
requirement at any time after the last day of the first month following 
the close of the calendar quarter in which the bond was given. Any such 
application shall be submitted to the district director to whom the bond 
was furnished and shall set forth such facts as will be of assistance to 
the district director in determining whether the relief shall be 
granted.
    (2) Relief from requirement. In any case where the district director 
determines that the bond required under paragraph (c) of this section to 
be given by an importer is no longer necessary to insure payment of any 
tax under section 4061(a) for which liability may be incurred by such 
importer, such importer shall no longer be required to give such bond.
    (e) Evidence required for release of imported articles from customs 
custody--(1) In general. Each article taxable under section 4061(a) 
which arrives in the United States from any foreign country or 
possession of the United States on or after the first day of the first 
calendar quarter beginning more than 60 days after the date of 
publication of this Treasury decision in the Federal Register, and which 
is imported by any person required under paragraph (b) of this section 
to make application for a determination whether bond shall be given, 
shall not, if subject to customs examination and release, be released 
from customs custody until the evidence prescribed in subparagraph (2) 
(i) or (ii) of this paragraph has been furnished by such person to the 
collector of customs.

[[Page 88]]

    (2) Form of evidence. The evidence required under subparagraph (1) 
of this paragraph shall be in the form of a statement, executed, signed, 
and dated by the district director. Such statement shall show the 
following:
    (i) Bond required. If the importer is required to give bond under 
this section the statement shall show:
    (a) The total number of articles in respect of which the statement 
is given.
    (b) The model number of each such article.
    (c) The name and address of the importer of such articles.
    (d) If the articles are to be released from customs custody to a 
person other than the importer, the name and address of such other 
person.
    (e) That the importer has given a bond which the district director 
finds sufficient to protect the interests of the United States with 
respect to any tax under section 4061(a) for which liability may be 
incurred in respect of such articles.

A statement under this subdivision shall be furnished to the importer by 
the district director, upon request of the importer, in every case where 
such importer furnishes the district director with information which 
establishes to the satisfaction of the district director that the 
importer has given bond in an amount sufficient to protect the interests 
of the United States with respect to any tax under section 4061(a) which 
may become due in respect of the articles to which the request relates, 
and with such other information as is required under this subdivision to 
be shown in the statement. Such request, together with such information, 
shall be submitted by the importer immediately upon receipt by him of 
notice that articles taxable under section 4061(a) have been exported to 
his order. A separate request shall be made in respect of each shipment. 
Each statement given under this subdivision shall be executed in 
duplicate. The original of such statement shall be furnished by the 
district director to the importer and the copy shall be retained by the 
district director.
    (ii) No bond required. If the importer is not required to give bond 
under this section, the statement shall show:
    (a) The name and address of the importer.
    (b) That bond under this section is not required of such importer.

A statement under this subdivision shall be furnished to the importer by 
the district director on the date on which the district director 
determines that the importer is not required to give a bond under this 
section. Such statement shall be executed in triplicate. The original of 
such statement and one signed copy shall be furnished by the district 
director to the importer, and one copy shall be retained by the district 
director. Additional signed copies of such statement will be furnished 
by the district director to the importer upon request of the importer. 
However, once such statement, or a signed copy thereof, has been 
furnished by the importer to a collector of customs, the requirements 
imposed by subparagraph (1) of this paragraph are deemed to be satisfied 
in respect of all articles taxable under section 4061(a) which 
thereafter arrive in the United States for release to or for the 
importer in a port under the jurisdiction of such collector of customs, 
until such time, if any, as such collector of customs receives written 
notification from the district director or the Commissioner of Customs 
that such statement has been withdrawn.


(46 Stat. 759; 19 U.S.C. 1623)

[T.D. 6499, 25 FR 10347, Oct. 28, 1960, as amended by T.D. 7517, 42 FR 
58935, Nov. 14, 1977]