CBP Form 4647, officially titled “Notice to Mark and/or Notice to Redeliver,” is a document issued by the U.S. Customs and Border Protection (CBP) when imported goods fail to meet certain requirements at the time of entry.
For the most part, CBP Form 4647 is used to notify importers that their products:
- Are not properly marked with the country of origin
- Must be redelivered (returned to CBP custody) for further inspection, correction, or potential seizure
This form is not filled out by the importer, rather it is issued by CBP as a warning or enforcement notice. If you receive a CBP Form 4647, it means there is a compliance issue with your shipment that must be addressed promptly to avoid fines or further action.
Frequently Asked Questions
The following are frequently asked questions regarding the role of the CBP customs form 4647 during the import process.
What is the Purpose of CBP Form 4647?
The purpose of Customs Form 4647 is to enforce country of origin marking requirements under U.S. law and to allow CBP to request the return of goods that have already been released but need to be reinspected, corrected, or detained. Specifically, the form allows CBP to:
- Notify the importer that goods are not properly marked, as required by 19 U.S.C. § 1304
- Instruct the importer to mark or remark goods correctly within a set timeframe
- Request the redelivery of goods to CBP custody (e.g., if they were released in error or pose a regulatory concern)
- Warn of potential penalties or liquidated damages for failure to comply
The form is a compliance enforcement tool, and timely response is essential to avoid financial consequences or loss of import privileges.
How Is CBP Form 4647 Related to CBP Forms 3461 and 7501?
These three forms serve different functions within the U.S. import process, but all play a role in customs clearance, compliance, and post-release enforcement.
- CBP Form 3461 – Entry/Immediate Delivery: Filed to request the preliminary release of goods into the U.S. before duties are paid. It allows goods to enter commerce while formalities are pending.
- CBP Form 7501 – Entry Summary: Finalizes the entry process. It reports the shipment’s details, calculates duties and taxes, and must be filed within 10 business days after Form 3461.
- CBP Form 4647 – Notice to Mark/Redeliver: Issued if CBP finds post-release violations, such as improper country-of-origin marking. It requires the importer to remark goods, return them to CBP, or face penalties.
In summary, while Forms 3461 and 7501 are part of routine import clearance, Form 4647 is used to enforce compliance after goods have already been released.
Who Must Respond to CBP Form 4647 and How?
CBP Form 4647 is sent by CBP, and the Importer of Record (IOR) is legally responsible for ensuring compliance with customs regulations, and therefore, the one required to respond to the notice.
The response must confirm that corrective action has been taken, which could include properly marking the goods under CBP supervision, arranging for redelivery to a bonded warehouse, or in some cases, coordinating destruction of the non-compliant items.
Responses are typically submitted through the ACE (Automated Commercial Environment) Portal, using the CBP Forms module. The IOR or their licensed customs broker can upload documentation showing the issue has been resolved, such as photographs of corrected labels or proof of redelivery.
If the importer doesn’t have ACE access, a written response may be submitted directly to the CBP Center listed on the form. This should include a copy of the Form 4647, a detailed explanation of the actions taken, and any supporting documents. Failure to respond can result in fines, penalties, or seizure of the goods.
Can a Customs Broker or Freight Forwarder Handle CBP Form 4647 on My Behalf?
Yes. If you’re working with a licensed customs broker, they can help you respond to Form 4647, submit corrections, arrange redelivery, or contact CBP on your behalf. While the Importer of Record is legally responsible, most importers rely on a broker to manage communication, documentation, and deadlines. In many cases, freight forwarders work closely with licensed customs brokers to provide this support as part of their service. This is especially useful when multiple shipments or regulatory agencies are involved.
How Much Time Do I Have to Respond to CBP Form 4647?
Importers typically have 30 calendar days from the date CBP Form 4647 is issued to take corrective action. This timeline applies whether the notice involves country-of-origin marking or redelivery. During this window, the IOR must either mark the goods properly, return them to CBP custody, or provide proof of destruction, depending on the specific instructions given in the notice.
It’s critical to act within this period, as failure to meet the deadline can lead to enforcement actions, including financial penalties or seizure of goods.
What Happens if I Miss the Deadline or Don’t Comply with CBP Form 4647?
If you fail to respond to CBP Form 4647 within the specified time, you may face liquidated damages, which can equal up to the full value of the goods. In more serious cases, such as refusal to redeliver or ongoing non-compliance, CBP may seize the merchandise or take further legal action. These consequences can also affect your future import privileges. Even if you believe the notice was issued in error, ignoring it is not advised. It’s better to respond promptly or file a protest to avoid escalation.
Can I Challenge the Notice or Appeal CBP’s Decision?
Yes, if you believe CBP Form 4647 was issued in error, or that the marking or redelivery demand is unjustified, you have the right to challenge or appeal the decision. This can be done by filing a protest under 19 CFR § 174.12. Protests must generally be submitted within 180 calendar days from the date the notice was issued.
A protest is a formal request for CBP to review and reconsider its decision. It should include all relevant documentation supporting your position, such as product photos, compliance certifications, labeling standards, or any correspondence that demonstrates prior approval or proper procedures followed. If the issue involves marking, for example, you may submit evidence that the goods were correctly marked at origin or exempt from marking under CBP guidelines.
Importers can also request internal advice or binding rulings in advance to clarify marking requirements before goods are shipped. If CBP denies your protest, you may still pursue further administrative or legal appeals, though that process can be lengthy and may require legal representation.
What Are the Most Common Triggers for CBP Form 4647?
CBP Form 4647 is typically issued when CBP identifies a compliance issue after the goods have been released, either through a customs exam, documentation review, or notification from a partner agency. The most frequent reasons include:
- Improper or Missing Country-of-origin Marking: Goods that lack a “Made in [Country]” label, have incorrect origin listed, or use labels that aren’t visible, permanent, or legible.
- Post-release FDA Refusals: For example, food, cosmetics, or medical devices that are later rejected by the FDA for mislabeling, contamination, or non-compliance.
- Requests for Redelivery Due to Release Errors: Goods mistakenly released without final clearance or that require further inspection must be returned to CBP custody.
Each of these issues can trigger enforcement action, including marking demands, redelivery, or even seizure.
How Long Does CBP Take to Review Your Response to Form 4647?
CBP does not publish a standard processing time for reviewing responses to Form 4647. In general, the timeline can vary depending on the nature of the issue, the clarity of your documentation, and the workload of the CBP office handling your case.
Submissions through the ACE Portal are often reviewed more quickly than those sent by email or mail, but delays can occur. You may not receive a formal confirmation unless additional action is required, so it’s a good idea to check in with your broker or CBP contact if you haven’t heard back after a reasonable period.
What Does The Remarking Process Actually Involve?
If CBP issues a Notice to Mark, you may be required to physically apply new labels, stamps, tags, or printed marks on the goods or their packaging to show the correct country of origin. This must be done in a visible, legible, and permanent way, following CBP’s marking rules (19 CFR §134).
In most cases, the marking must happen under CBP supervision, either at a bonded facility or an approved location. Once completed, you’ll need to submit photographic proof or allow CBP to re-inspect the goods. If CBP isn’t satisfied, further corrections or penalties may apply.
What’s Involved in Redelivering Goods to CBP?
Redelivery means physically returning the goods to CBP custody. This may be required if your shipment was released in error, rejected by another agency (e.g., FDA), or deemed non-compliant post-release. Redelivery often takes place at a designated CBP warehouse or bonded facility, and must be arranged by the Importer of Record, often with help from a customs broker. Transportation, storage fees, and coordination with CBP must be handled by the importer. If goods are no longer available, sold, used, or destroyed, you must notify CBP immediately, as liquidated damages may apply.