Liability Issues

If an article imported under the TIB provision is not exported or destroyed properly as provided by regulation, either at the port of entry, or at another port within the period specified or any lawful extension, there is a breach of the bond that subjects the importer to a liability for the payment of liquidated damages equal to double the estimated duties applicable to such entry, unless another amount is prescribed by the port director. In addition to liquidated damages, if the breach is intentional, the importer would also be subject to a penalty.
Generally, an exportation for purposes of satisfying the bond means a severance of the article from the mass of goods belonging to the United States with the intention of uniting it with the mass of goods belonging to some foreign country. This occurs when any bona fide commercial purpose is proven.


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