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HQ 225970

June 16, 1995

DRA-2-02-R:C:E 225970 AJS


Regional Director
Commercial Operations
U.S. Customs Service
10 Causeway, Room 801
Boston MA 02222-1056

RE: Internal advice; evidence of exportation; carrier tracking system; 19 CFR 191.51; 19 CFR

Dear Madame:

This is in reply to your internal advice request of January 31, 1995, (your file DRA-1-0:CO:L DJG) concerning evidence of exportation and Associated Customhouse Brokers.


Carriers such as Federal Express and United Parcel Service (UPS) provide their shippers with access to their internal tracking systems. An exporter is able to "dial up" these systems and print out a report showing the progress of a shipment. A UPS Totaltrack Report was submitted with this request. This report indicates the time and date of export and is referenced by a tracking number. Neither the identity of the exporter nor the product exported are identified on this report. However, the UPS waybill contains the same tracking number.


Whether the use of the subject tracking report, backed up by the waybill signed by the carrier upon pick-up, satisfies the requirement of 19 CFR 191.51(c)(2).


19 CFR 191.51 provides that exportation of articles for drawback purposes shall be established by complying with one of the following procedures: (a) Notice of exportation, section 191.52. 19 CFR 191.52(a) provides that a drawback claimant may support the drawback claim with a notice of exportation on Customs Form 7511 for each shipment of merchandise covered by the claim.

19 CFR 191.52(c)(2) provides that an uncertified notice of exportation shall be supported by documentary evidence of exportation, such as the bill of lading, air waybill freight waybill, Canadian Customs manifest, cargo manifest or certified copies thereof, issued by the exporting carrier. Supporting documentary evidence shall establish fully the time and fact of exportation and identity of the exporter. You request whether the UPS report, backed up by a signed waybill, satisfies the requirements of this provision. The UPS report contains the time and date of export as well as a tracking number. The waybill contains this same tracking number, which we assume is a unique number assigned to each shipment. Based on the use of this tracking number, the UPS report would appear to satisfy the documentary evidence requirements of section 191.52(c)(2). Before accepting these reports however, your office should obtain an affidavit from UPS and Federal Express explaining specifically how their tracking system operates, the name of the person who can attest to the accuracy of the report and the basis for the persons's knowledge.


The use of the subject UPS tracking report, backed up by the signed waybill, may satisfy 19 CFR 191.52(c)(2) if the above information received from the carriers concerning their tracking systems establishes the integrity of these systems. After your office receives this information, you may forward it to this office for review.

We note that 19 CFR Part 191 is undergoing substantial revisions in order to implement the North American Free Trade Agreement (NAFTA) Implementation Act of December 8, 1993 (Public Law 103-182, 107 Stat. 2057). Consequently, our response to this request may change due to these amendments to Part 191.


John Durant, Director
Commercial Rulings Division

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