As you may be aware, the Importer ID Input Record form, CBP Form 5106, is the form used by Customs and Border Protection (CBP) to keep the information which identifies and provides the addresses of a principal, up to date in the CBP data. When a company who has not conducted recent import related business with CBP in the past makes an entry or obtains a bond, CBP requires a 5106 form to be filed in order for CBP to enter the new principal’s information into their system. A 5106 form must also be filed when the principal on a continuous bond needs to update their information with CBP, such as their name or address, along with the necessary rider forms.
For many years the 5106 form has undergone very minimal changes; however, CBP has developed a new 5106 form which requires a substantial amount of additional information compared to the current form. In the October 9, 2014 Federal Register (see below), CBP outlined the need to collect additional information and proposed a new 5106 form. CBP cites the reason behind the request is to enhance CBP’s ability to make an informative assessment of risk prior to the initial importation and to provide CBP with improved awareness regarding the company and its officers who have chosen to do business with CBP. Our office believes that bond principals for whom we have filed bonds and their brokers should be aware of the additional information that CBP is proposing to collect. The following is some of the more conspicuous data collection being proposed.
- Classification System (NAICS) code for this business.
- The D–U–N–S Number for the Importer.
- Primary Banking Institution
- Certificate or Articles of Incorporation— State/Country filing locations and reference number
- Related Businesses
- Information on corporate officers including: Name, Title, Email, Social Security Number or Passport Information
We have come to understand through our interaction with CBP that this new 5106 form will need to be completed, in its entirety, anytime a company has not worked with CBP in the past. In some instances, CBP may require current importers to complete updated 5106 forms. However, we understand that CBP will not require all the information outlined above when making a change to an existing entity’s information on file with CBP. Our office is currently working with CBP to confirm how this new 5106 form will be used and when the form will need to be completed in its entirety.
CBP welcomes comments from the trade and we encourage bond principals to carefully review the proposed changes to the 5106 form and provide comments as to any concerns which may result from these changes no later than December 8, 2014, as indicated in the Federal Register Notice. Once CBP makes a final decision on this form, our office will be sure to advise how these changes impact the bond process.