Details of Updated CBP FAQs on Voided 5106 Importer Records (1 Change)

December 12, 2011 by Marie Rapport|Customs and Ports

In December 2011, U.S. Customs and Border Protection updated its eight Frequently Asked Questions (FAQs) on voided Importer ID input Records (CBP Form 5106), making one substantive change. In the third FAQ, CBP clarifies that acceptable proof of an Employee Identification Number (EIN) includes a preprinted document that is received from the IRS.

(CBP Form 5106 is used to notify CBP of an importer's number, change of name, or change of address. If the form is used for a change of name or change of address, a rider must accompany the form if a continuous bond is on file.)

Highlights of these FAQs, including the substantive update, are provided below (clarifications underlined):

Reasons CBP voids importer records: (1) Duplicate records are on file with CBP, (2) the importer’s Social Security number or Employer Identification number cannot be verified with the appropriate government agency (Social Security Administration or Internal Revenue Service respectively), (3) the importer, their authorized agent (with a valid Power-of-Attorney (POA)), or local CBP Officer has requested that the record be voided, (4) CBP has received returned (undeliverable) mail when attempting to contact the importer via the U.S. Postal Service, or (5) failure to respond to CBP requests sent to the name and address listed on the importer record

How to reactivate if voided by CBP. Email a completed CBP 5106 along with a valid importer record proof and Power-of-Attorney (if 5106 is signed by an Attorney-in-Fact) to cbp.bondquestions@dhs.gov. The subject line should state “Voided Importer Record”.

A copy of the importer’s Social Security card (front & back) or the front page of the importer’s most recent tax return must be submitted as acceptable proof.

Alternatively, pre-printed documentation received from the U.S. Department of Treasury, i.e. Internal Revenue Service (IRS), within the last 12 months that reflects the proper EIN and company name can be submitted.

Examples of IRS tax documentation include the following: 147C, 1040, 2363, 941/941V, SS-4, 1065, 8109/8109C, 7004, 355-ES, 1096, 1120/1120S, etc. One can call 1-800-829-0115 to obtain EIN verification (form 147C) if necessary. THE ABOVE DOCUMENTS MUST BE RECEIVED FROM THE IRS, U.S. DEPARTMENT OF TREASURY.

Reactivation of a voided importer record usually takes 1-2 business days. CBP will not contact importers once the account is reactivated. If the importer does not receive correspondence from a CBP representative within 2 business days after submitting the 5106 and supporting documents, CBP's systems can be queried to validate the reactivation. A CBP representative will contact the importer if there is an issue regarding the documents submitted for reactivation.

Reactivating or updating Importer Records. When attempting to reactivate an inactive importer record, note that any licensed Customs broker with ABI access may accomplish this by retransmitting the data to CBP.

Those attempting to change or otherwise update an existing importer record for an importer that is not listed on a valid continuous bond should contact their local service port for assistance. Those wishing to update an importer record that is listed on a valid continuous bond, should submit a completed CBP 5106 form along with an address or name change bond rider via email to cbp.bondquestions@dhs.gov.

Voiding importer numbers. Requests should be emailed, including a reason for the void request, to cbp.bondquestions@dhs.gov. If an Attorney-in-Fact is requesting the void on behalf of an importer, a current POA must also be provided.

Questions not answered by FAQ. Questions not answered by the FAQ (see source document) can be directed to the Voids Hotline at (317) 614-4960 by leaving a voicemail. A CBP representative will respond within 1-2 business days. In addition, any licensed Customs broker with ABI or ACE access can determine the current information on file with CBP for a given importer number.

(See ITT's Online Archives 11120907 announcing the availability of the December 2011 updated FAQ. See ITT's Online Archives 11071554 for summary of July 2011 version of FAQ.)

(FAQ posted 12/08/11)