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October 2024, question 16

Practical Exercise · Entry and release

Which of the following statements is FALSE with respect to the Power of Attorney (POA)?

  1. The language in the POA confirming that Echo’s agent is: 1) a resident; and 2) authorized to accept service of process against Echo means that the POA can be accepted by CBP pursuant to 19 CFR 141.36.
  2. The POA must also have attached documentation establishing the authority of Joan McKay to execute the POA on behalf of Echo pursuant to 19 CFR 141.37.
  3. The written notification set forth in 19 CFR 111.29(b)(1) must be on, or attached to, the POA pursuant to 111.29(b)(2)(i).
  4. The POA must contain a corporate seal of the grantor as specified in 19 CFR 113.37(g)(1)(v).
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CBP's answer: D. D: The POA must contain a corporate seal of the grantor as specified in 19 CFR 113.37(g)(1)(v).

CBP keyed D as the false statement. Section 113.37(g)(1)(v) concerns the seal of a corporate surety on a surety's power of attorney, not a customs power of attorney from an importer. The customs POA rules need a resident agent authorized to accept service (141.36), supporting proof of the signer's authority for a nonresident corporation (141.37) and the 111.29 notice on or attached to the POA, but no corporate seal.

A power of attorney executed by a nonresident principal shall not be accepted unless the agent designated thereby is a resident and is authorized to accept service of process against such nonresident. 19 CFR 141.36
the power of attorney shall be supported by documentation establishing the authority of the grantor designated to execute the power of attorney on behalf of the corporation 19 CFR 141.37
On, or attached to, any power of attorney provided by the broker to a client for execution on or after September 27, 1982 19 CFR 111.29(b)(2)(i)

Search for: power of attorney nonresident corporation

CBP's key cites: 19 CFR 111.29; 19 CFR 141.36; 19 CFR 141.38

Question and key from CBP's October 2024 exam and answer key. The walk-through is ours; quotes are from the pinned editions in the reference viewer (HTSUS 2026 Basic, 19 CFR 2025 edition).