Invoice for Entry Documentation May Be Generated From EDI, CBP Says
A customs broker may generate an invoice from elements provided from an electronic data interchange (EDI) transmission, as long as the invoice meets the timing and content requirements found in the customs regulations, CBP said in a recent ruling.
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Mohawk Global Logistics told CBP it planned to receive commercial invoice elements “via EDI transmission from either the shipper/seller or from the importer of record.” The elements would then be used to generate a commercial invoice that Mohawk said “will include all elements needed for the entry packet,” including the name of the person providing the data elements via EDI, though the invoice would not be signed.
CBP found that, though the commercial invoice would be computer generated, it would be considered an original commercial invoice under CBP’s regulations, not even requiring the declaration mandated when using copies in place of an original.
“Here, the commercial invoice will be computer generated, but will not be a copy,” CBP said in the ruling, dated Dec. 14. “It will be the original commercial invoice, generated from data elements transferred via EDI.”
Under 19 CFR 141.81, a “commercial invoice or special summary invoice” is required for each shipment at the time the entry summary is filed. 19 CFR 141.86-89 set the requirements of the contents of commercial invoices, including that the invoice include “the name of a responsible employee of the exporter who has knowledge or can obtain knowledge of the transaction.”
As the name of the responsible employee will be automatically filled in to the “name of signatory” section of the invoice, it would satisfy that requirement, CBP said. Although a box for a signature will be left blank, “there is no requirement in this provision for a signature on the invoice,” unless it’s a pro forma invoice, CBP said.
“Provided this computer-generated invoice is filed correctly at the time of entry, with all the information required by 19 C.F.R. §§ 141.86-141.89, for which there are already boxes on the sample invoice, then this invoice would satisfy the requirements of these sections, in addition to 19 C.F.R. § 141.83(c)(1),” CBP said.
Mohawk also said that, if the imported commodity requires additional declarations “outside of what is normally on the generated form,” the information would “either be transmitted by EDI and appear elsewhere on the form,” or Mohawk would “request the importer of record or their supplier to provide the declarations on a separate document.” CBP found “either option is permissible."