CSMS Message: 02-000912

DATE: 07/18/2002

TO: DIRECTORS, FIELD OPERATIONS

FROM: EXECUTIVE DIRECTOR, TRADE PROGRAMS
OFFICE OF FIELD OPERATIONS

SUBJECT: TBT-02-006 DETENTION TIMEFRAMES FOR TEXTILES AND
WEARING APPAREL

REF: 19 U.S.C. 1499(C) AND 19 C.F.R. 151.16

THIS TBT SUPERCEDES TBT-98-049

BACKGOUND:

TBT 98-049 ADDRESSED POLICY GUIDANCE CONCERNING DETENTION
TIMEFRAMES FOR TEXTILES AND WEARING APPAREL UNDER 19 U.S.C.
1499(C) AND 19 C.F.R. 151.16. THIS TBT REITERATES THE SAME
LEGAL REQUIREMENTS FOR UNIFORM PROCEDURE IN THE DETENTION
PROCESS FOR TEXTILES AND APPAREL COUNTRY OF ORIGIN CLAIMS AT ALL
PORTS.

ACTION:

ONCE THE SHIPMENT IS PRESENTED FOR EXAMINATION, CUSTOMS MUST
DECIDE WHETHER TO DETAIN THE MERCHANDISE WITHIN FIVE BUSINESS
DAYS. MERCHANDISE SHALL BE CONSIDERED PRESENTED FOR EXAMINATION
WHEN IT IS IN A CONDITION TO BE VIEWED AND EXAMINED BY A CUSTOMS
OFFICER (19 C.F.R.151.16B). IF CUSTOMS DOES NOT RELEASE THE
MERCHANDISE WITHIN FIVE BUSINESS DAYS OF THE DATE THE
MERCHANDISE IS PRESENTED FOR EXAMINATION, THE MERCHANDISE SHALL
BE CONSIDERED TO BE DETAINED (DEEMED DETAINED).

IF MERCHANDISE IS DETAINED, THE PORT MUST ISSUE A "NOTICE OF
DETENTION" TO THE IMPORTER AND ANY OTHER PERSON HAVING INTEREST
IN THE DISPOSITION OF THE MERCHANDISE NO LATER THAN FIVE BUSINESS
DAYS AFTER SUCH DETENTION. THE ISSUANCE OF A NOTICE OF DETENTION
IS NOT TO BE CONSTRUED AS A FINAL DETERMINATION AS TO THE
ADMISSIBILITY OF THE MERCHANDISE. THE NOTICE SHALL INCLUDE THE
FOLLOWING INFORMATION:

* INITIATION OF THE DETENTION INCLUDING THE DATE THE
MERCHANDISE WAS PRESENTED FOR EXAMINATION.
* SPECIFIC REASON FOR THE DETENTION.
* ANTICIPATED LENGTH OF THE DETENTION.
* NATURE OF ANY TESTS OR INQUIRIES TO BE CONDUCTED.
* NOTICE OF ANY INFORMATION WHICH, IF SUPPLIED TO THE CUSTOMS
SERVICE, MAY ACCELERATE THE DISPOSITION OF THE DETENTION.

IF CUSTOMS DOES NOT MAKE A FINAL DETERMINATION REGARDING THE
ADMISSIBILITY OF MERCHANDISE WITHIN 30 DAYS AFTER THE
MERCHANDISE HAS BEEN PRESENTED FOR CUSTOMS EXAMINATION, OR SUCH
LONGER PERIOD, IF SPECIFICALLY AUTHORIZED BY LAW, THE
MERCHANDISE IS EXCLUDED BY OPERATION OF LAW (19 USC
1499^C5A). THEREFORE, IF THE DETENTION NOTICE REQUESTS
ADDITIONAL INFORMATION, THE IMPORTER HAS ONLY 30 DAYS TO SUBMIT
THAT INFORMATION TO THE DETAINING OFFICER. IF THE IMPORTER
SUBMITS THE REQUESTED INFORMATION NEAR THE END OF THE DETENTION
PERIOD, THE ENTRY MAY BE EXCLUDED IF THE DETAINING OFFICER
CANNOT SUFFICIENTLY REVIEW THAT INFORMATION WITHIN THE THIRTY
DAYS. IF THE IMPORTER FAILS TO SUBMIT THE REQUESTED INFORMATION
BY THE THIRTIETH DAY, THE SHIPMENT WILL BE EXCLUDED. IF CUSTOMS
FAILS TO RENDER A DECISION CONCERNING THE DETENTION (WITHIN THIS
30-DAY TIME PERIOD), THE MERCHANDISE IS EXCLUDED BY OPERATION OF
LAW (DEEMED EXCLUDED). PORTS SHALL NOT PROVIDE ANY MINIMUM TIME
FRAME FOR WHEN THE ADDITIONAL INFORMATION MUST BE SUBMITTED. IT
IS UNDERSTOOD THAT IF THE ADDITIONAL INFORMATION IS NOT
SUBMITTED, OR IF THE PORT DOES NOT COMPLETE REVIEW OF THE
ADDITIONAL INFORMATION WITHIN THE 30 DAYS, THE SHIPMENT WILL BE
DEEMED EXCLUDED.

AFTER THE MERCHANDISE IS EXCLUDED, THE IMPORTER HAS 90 DAYS TO
PROTEST THE EXCLUSION (19 U.S.C. 1514 A4). BY STATUTE, IF A
PROTEST AGAINST A DECISION TO EXCLUDE HAS NOT BEEN ALLOWED OR
DENIED IN WHOLE OR IN PART BEFORE THE 30TH DAY AFTER THE DAY THE
PROTEST WAS FILED, THE PROTEST SHALL BE TREATED AS HAVING BEEN
DENIED (19 U.S.C. 1499 C5B). IF THE PROTEST IS DENIED, THE
IMPORTER CAN THEN SUMMONS THAT DECISION TO COURT.

U.S. CUSTOMS CAN REVIEW DOCUMENTS SUBMITTED TO SUBSTANTIATE
PRODUCTION AFTER THE MERCHANDISE HAS BEEN DEEMED EXCLUDED;
HOWEVER, THE 90 DAYS THE IMPORTER HAS TO FILE A PROTEST BEGINS
ONCE THE MERCHANDISE HAS BEEN DEEMED EXCLUDED. U.S. CUSTOMS
SHOULD REVIEW ALL THE DOCUMENTS THAT ARE SUBMITTED WITH THE
PROTEST WITHIN 30 DAYS OF SUBMISSION OF THE PROTEST. U.S.
CUSTOMS SHOULD NOT ALLOW A PROTEST TO BE DENIED BY OPERATION OF
LAW WITHOUT REVIEWING THE DOCUMENTS SUBMITTED WITH THE PROTEST.

PLEASE PASS THIS INFORMATION TO PORT DIRECTORS, ASSISTANT PORT
DIRECTORS, IMPORT SPECIALISTS AND INSPECTORS.

INFORMATION:

IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CONTACT
CHERIE PARSONS, AT (202) 927-1959 OR ROBERT ABELS, AT (202)
927-1959.

\SIGNED
ELIZABETH G. DURANT