| Title: | TIMEFRAMES-DETENTIONS/EXCLUDED |
|---|---|
| Date: | 1998-06-25 |
| To: | abi |
| Links: | previous, next |
TO : ALL ABI BROKERS.
FROM : CARLA ZZ-DONOFRIO
SUBJECT : TIMEFRAMES-DETENTIONS/EXCLUDED
DATE : 06/23/98
JUNE 19, 1998
CATEGORY: TEX SPE-2 FO:TC:I:E JRD
TO : ALL PORT DIRECTORS, CUSTOMS MANAGEMENT CENTER (CMC)
DIRECTORS AND STRATEGIC TRADE CENTER (STC)
DIRECTORS
FROM : DIRECTOR, TRADE COMPLIANCE
PASS TO : ALL IMPORT SPECIALISTS, NATIONAL IMPORT
SPECIALISTS, ENTRY OFFICERS, INSPECTORS,
INTERNATIONAL TRADE SPECIALISTS, BROKERS AND OTHER
INTERESTED PARTIES
SUBJECT : TBT-98-049 - TIME FRAMES FOR CUSTOMS ACTIONS ON
DETENTIONS AND EXCLUSIONS
COUNTRY : ALL
REF : 19 U.S.C. 1499(C)
BACKGROUND:
THERE HAS NOT BEEN UNIFORMITY ON THE TIME FRAMES ON
DECISIONS OR ACTIONS TO DETAIN OR EXCLUDE MERCHANDISE. THIS
TBT PROVIDES NO NEW TIME FRAMES, BUT RESTATES CURRENT
REQUIREMENTS PURSUANT TO 19 U.S.C. 1499 (C).
ACTION:
THE FOLLOWING TIME LIMITS SHOULD BE FOLLOWED BY THE PORTS
FOR DETENTIONS AND EXCLUSIONS:
ONCE GOODS ARE PRESENTED FOR EXAMINATION, CUSTOMS MUST
DECIDE WHETHER TO DETAIN THE MERCHANDISE WITHIN FIVE DAYS.
IF CUSTOMS DOES NOT DECIDE TO DETAIN WITHIN FIVE DAYS, THE
GOODS ARE DEEMED TO BE DETAINED. WITHIN FIVE DAYS OF ANY "
DECISION TO DETAIN", (I.E., THE DATE A CUSTOMS OFFICER
DECIDES TO DETAIN MERCHANDISE, OR FIVE DAYS AFTER DATE OF
PRESENTATION, WHICHEVER IS EARLIER), CUSTOMS MUST ISSUE A
NOTICE OF DETENTION TO THE IMPORTER OR ANY OTHER PERSON
HAVING INTEREST IN THE DETAINED MERCHANDISE.
CUSTOMS MUST MAKE A DECISION TO EXCLUDE THE MERCHANDISE
WITHIN 30 DAYS, OR THE MERCHANDISE WILL BE DEEMED TO BE
EXCLUDED. THE FAILURE BY CUSTOMS TO MAKE A FINAL
DETERMINATION WITH RESPECT TO THE ADMISSIBILITY OF DETAINED
MERCHANDISE WITHIN 30 DAYS AFTER THE MERCHANDISE HAS BEEN
PRESENTED FOR CUSTOMS EXAMINATION, OR SUCH LONGER PERIOD AS
SPECIFICALLY AUTHORIZED BY LAW, SHALL BE TREATED AS A
DECISION BY THE CUSTOMS SERVICE TO EXCLUDE THE MERCHANDISE.
THE IMPORTER HAS 90 DAYS TO PROTEST THE EXCLUSION OR THE
DEEMED EXCLUSION OF THE MERCHANDISE.
THE CUSTOMS SERVICE HAS 30 DAYS TO APPROVE OR DENY THE
PROTEST. IF THE CUSTOMS SERVICE DOES NOT DECIDE WITHIN 30
DAYS OF THE DATE ON WHICH THE PROTEST IS FILED, THE PROTEST
IS DEEMED TO BE DENIED ON THE 30TH DAY.
ONCE THE PROTEST HAS BEEN DENIED, THE IMPORTER CAN TAKE THE
ACTION TO COURT.
INFORMATION:
IF YOU HAVE ANY QUESTIONS CONCERNING THIS MATTER, PLEASE DO
NOT HESITATE TO CONTACT JUNE PERGOLA AT TELEPHONE NUMBER
(202) 927-0705 OR BOB DORSETT AT (202) 927-7002, TRADE
COMPLIANCE.
PHILIP METZGER