New Improved CF5106

Steve Baker

CBP Implements New Importer Identity Form (CBP Form 5106)
            U. S. Customs and Border Protection (CBP), after several years of development, implemented the revised CBP Form 5106, Importer Identity Form, on March 16, 2019. CBP envisions most filings will be made using the electronic “Create/Revise Importer Identity Form” function in ACE, although paper filings will continue to be accepted. Legacy functions in ABI have been discontinued, and legacy importer accounts will be converted to ACE as part of the deployment of the ACE function.
            The Importer Identity Form is used as the basis for identifying parties for establishing bond coverage, release and entry of merchandise, liquidation, issuance of bills, refunds and the processing of drawback, and Fines Penalties & Forfeitures actions. The new form is a two page document (not including instructions) that replaces the previous single page form. Although the new form has only two new required data elements – email address and identification of the type of address (e.g., residence, corporate office, PO Box, etc.) – there is a longer list of (at least currently) optional data elements asking for information about the business, its owners or officers, participation in CBP programs such as C-TPAT or ISA, banking information, and other identification (DUNS number, NAICS code, related businesses.)  
            The new form is the result of several years of proposals, comments, and revisions. CBP originally intended for all the data elements to be mandatory, but eventually made them optional due to the significant number and basis of negative comments regarding the personal (e.g., SSN and passport information) and financial data requested. The electronic records and integration with ACE will allow for easier identification of parties and issuance of appropriate notices.
            Some of the changes in the form allow importers additional options. For example, it is now possible to request a Customs assigned importer number even if the applicant has an assigned Social Security Number, but prefers not to use it on entry documents. The form also allows importers to identify themselves as participants in Trusted Trader type programs, thereby limiting the information that has to be supplied on the 5106 Form and ensuring that government users of the information are aware of the importer’s status.
            One issue not fully addressed in the new instructions is the use of Importer Number suffixes. These may be used when an importer wishes to have separate identification for one or more branch offices based on different locations or by product line. The Customs Regulations (19 CFR 24.5) specify that this is accomplished by submitting a separate Form 5106 with the suffix and alternate name and address information. The FAQs published by CBP  https://www.cbp.gov/trade/programs-administration/entry-summary/cbp-form-5106/importer-createupdate-identity-5106-faq do indicate that the procedure is to submit additional 5106 forms for any desired suffixes, adding a two digit suffix to the primary importer number, and using the “DIV” designation in block 1C with the division name in block 1D, retaining the parent company name in block 1A. Blocks 1C and 1D become mandatory when this option is used.
            Although the new form has some additional required data elements, importers with current Form 5106 information on file do not need to update the filings until such time as they are required to file changed information, such as a change in address or change in name. The general information page on Form 5106 is located at https://www.cbp.gov/trade/programs-administration/entry-summary/cbp-form-5106.
 
Steven W. Baker
Law Offices of Steven W. Baker
swbaker@swbakerlaw.com