CSMS Message: 98-001206

Title:RELEASE PART MDSE FROM ENT
Date:1998-12-22
To:abi
Links:previous, next

TO : ALL ABI BROKERS.
FROM : ROBERT ZZ-DORSETT

SUBJECT : TEX-RELEASE PART MDSE FROM ENT

DATE : 12/17/1998

DECEMBER 17, 1998

SPE-2 FO:TC:I:E JRD
CATEGORY: TEX

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, TCPO'S, INSPECTORS, INTERNATIONAL
TRADE SPECIALISTS, BROKERS AND INTERESTED PARTIES

SUBJECT: TBT-98-090 - RELEASE OF MERCHANDISE WHEN PART OF THE
GOODS ARE ADMISSIBLE AND PART OF THE GOODS ARE NOT
ADMISSIBLE

COUNTRY: ALL

BACKGROUND:

OCCASIONALLY, A PORTION OF A SHIPMENT OF TEXTILE PRODUCTS IS
INADMISSIBLE AND THE REMAINDER IS ADMISSIBLE. COMMERCIAL
ENFORCEMENT HAS BECOME AWARE THAT SOME PORTS ARE RELEASING
ALL OF THE SHIPMENT EXCEPT THE INADMISSIBLE PORTION. ON THE
OTHER HAND, SOME PORTS ARE NOT RELEASING ANY OF THE GOODS.
THEREFORE, THERE IS NO UNIFORMITY BETWEEN THE PORTS AS
IMPORTERS WITH MERCHANDISE PRESENTED UNDER THE SAME
CIRCUMSTANCES ARE BEING TREATED DIFFERENTLY.

ACTION:

IF A SHIPMENT IS RECEIVED WHERE PART OF THE GOODS IS
ADMISSIBLE AND PART IS INADMISSIBLE, AND THE ADMISSIBLE
PORTION OF THE GOODS IS COVERED BY A VALID VISA, PORT
DIRECTORS SHOULD RELEASE THE ADMISSIBLE PORTION PROVIDING
ALL ENTRY REQUIREMENTS ARE MET. IF A VISA COVERS THE ENTIRE
SHIPMENT AND IS USED TO RELEASE ONLY THE ADMISSIBLE PORTION,
THE REMAINDER OF THE MERCHANDISE CANNOT BE ENTERED FOR
CONSUMPTION BY OBTAINING A NEW VISA TO COVER THE DIFFERENCE
NOR BY USING THE UNUSED PORTION OF THE ORIGINAL VISA TO
COVER THE DIFFERENCE AFTER THE PROBLEM IS REMEDIED. THE
REMAINING PORTION THAT CANNOT BE ENTERED MAY BE RE-EXPORTED,
DESTROYED UNDER CUSTOMS SUPERVISION OR ABANDONED.

IF A PORTION OF THE MERCHANDISE IS DETAINED TO DETERMINE THE
COUNTRY OF ORIGIN FOR TEXTILE PRODUCTS, THAT PORTION OF THE
MERCHANDISE CANNOT BE PUT INTO WAREHOUSE FOR MANIPULATION OR
OTHER PURPOSES. PLACING THE MERCHANDISE IN A WAREHOUSE
STOPS THE CLOCK FROM RUNNING ON THE DETENTION AND EXCLUSION.
A DOCK WITHDRAWAL FOR THE ADMISSIBLE GOODS MAY BE USED IF
THOSE GOODS CAN BE SEGREGATED.

INFORMATION:

IF YOU HAVE ANY QUESTIONS CONCERNING THIS MATTER, PLEASE DO
NOT HESITATE TO CONTACT JUNE PERGOLA AT TELEPHONE NUMBER
(202) 927-0705 OR CARLA D'ONOFRIO AT (202) 927-0424 OR BOB
DORSETT AT (202) 927-7002, TRADE COMPLIANCE.

PHILIP METZGER