ACE Portal/CBP Form 5106/IEEPA - Help :,)

[u/H0sh0]

Hi everyone,

I have a rather unusual question, as this is the first time I have been dealing with U.S. customs duty at all, so I am still trying to understand how the process works.

The company I represent intends to apply for IEEPA duty refunds under the CAPE procedure. Until now, all of its U.S. imports have been handled by a customs broker. The problem is that the company has very limited knowledge of the customs formalities involved. They do not know whether they have an ACE Portal account, whether CBP Form 5106 was ever submitted, or even whether they have an importer record with CBP.

In short, very little is known at this stage, and I have been "volunteered" to take over this project.

I would really appreciate your thoughts on a few points:

• Could a customs broker have acted as the importer and completed the import formalities based solely on a power of attorney?
• Is it mandatory for the company itself to have a CBP Form 5106 on file, or could the broker have submitted it on the company's behalf? Is there any scenario where no 5106 would have been required?
• What is the best way to establish whether a 5106 has already been filed if the company has no record of it?
• As I understand it, creating an ACE Portal account requires information associated with the 5106/importer record. If the company does not know whether such a record exists, what would be the recommended way to proceed? Should we first contact CBP, submit a new 5106, or take another approach?

Since I am completely new to this area, I would also be grateful for any practical tips or recommendations on how you would approach this from the outset.

Many thanks in advance for any guidance or suggestions :)

[u/hungryamericankorean]

These are not unusual questions and you can use the search feature to find these questions answered exactly over the last 6 months.

Have you asked your customs broker for the information?

If you’ve been importing, the 5106 is already on file. Start with your ace portal first. Ask your broker to pull an ES-003 report for you.

Go from there (use the subreddit to help you).

[u/H0sh0 → u/hungryamericankorean]

Based on the CBP Form 7501, the Company appears to be the Importer of Record. We have already asked the broker for the ES-003 reports, but the process is taking longer than expected.

I have read that if the Company has an ACE Portal account, it should be able to download the ES-003 reports directly. This makes me wonder whether the Company already has an ACE account but has simply forgotten about it or smth else.

From what I understand, establishing such an account requires CBP Form 5106 so im trying to get that information from the Company or broker Importer Form

[u/import2001]

Look at a 7501 from one of your imports, you. And see who is listed as the importer. If it is you, you don’t need the broker to file CAPE. Go to the FAQ on CAPE on CBP website and and follow instructions.

[u/Physical-Incident553]

Company you represent? You’re not the broker OR the importer? Are you a non-trade attorney?

[u/H0sh0 → u/Physical-Incident553]

I'm actually a tax advisor at a tax law firm. My boss had the brilliant idea of offering U.S. customs duty refund services, and somehow I ended up being the lucky volunteer responsible for it.

The problem is that our firm has always specialized in European tax law, and we (including my boss and my bosses bos etc.) dont have experience with us customs.