Supporting Law

§ 151.15

19 CFR Ch. I (4–1–03 Edition)

§ 151.15 Movement of merchandise to a
centralized examination station.
(a) Permission to transfer merchandise
for examination. When a shipment requires examination at a centralized examination station (CES), Customs
Form 3461, or Customs Form 3461 (ALT)
for land border cargo, or an attachment to either, may be used to request
permission to transfer the merchandise
to a CES. The entry filer must write,
type or stamp the following lines on
the form or attachment, and must supply the information called for on the
first three lines:
Containers to be transferred: lll All or,
Container #’s lll, lll, lllª
To CESlllllllllllllllllª
Approved by: U.S. Customs Inspectorlllª
Datelllllllllllllllllª

Unless the port director exercises his
authority pursuant to paragraph (d) of
this section, the reviewing inspector
will initial and date the form or attachment being used, or stamp one
copy of the Customs Form 3461 or 3461
(ALT) if required by the port director.
A copy of this document will act as notification and authorization to the
entry filer that the merchandise must
be transferred to the importer-designated CES unless another CES is designated by the port director under
paragraph (d) of this section.
(b) Assumption of liability during transfer. Merchandise designated for examination may be transferred from the
importing carrier’s point of unlading or
from a bonded facility, to a CES, only
if the transfer takes place under bond.
The entry filer shall select one of the
following bonded movements for the
transfer to the CES unless the type of
bonded movement to be used is specified by the port director under paragraph (d) of this section:
(1) If the merchandise is tranferred
directly to a CES by an importing carrier, the importing carrier shall remain
liable under the terms of its international carrier bond for the proper
safekeeping and delivery of the merchandise until it is receipted for by the
CES operator.
(2) If the merchandise is transferred
directly from a bonded carrier’s facility to a CES or is delivered directly to
the CES by a bonded carrier, the bond-

ed carrier shall remain liable under the
terms of its custodial bond for the
proper safekeeping and delivery of the
merchandise until it is receipted for by
the CES operator.
(3) If containerized cargo, including
excess loose cargo that is part of the
containerized cargo, is transferred to a
CES operator’s own facility using his
own vehicles, the CES operator shall be
liable under the terms of his custodial
bond for the proper safekeeping and delivery of the merchandise to the CES
facility.
(4) If the importer or his agent acting
as importer of record transfers the
merchandise to a CES, that importer
or agent shall assume liability under
his importation and entry bond (see
§ 151.7(d) of this part) for the proper
transfer of the merchandise until it is
receipted for by the CES operator.
(c) Annual blanket transfer. Port directors may institute an annual blanket transfer application procedure to
facilitate any of the bonded movements described in paragraph (b) of
this section.
(d) Designation of bonded movement
and CES to be used. In the event the
port director deems it necessary, he
may direct the type of bonded movement to be used to transfer merchandise to a CES and may designate the
CES at which examination must take
place. In either case the port director’s
action will be noted on the Customs
Form 3461 or 3461 (ALT) or attachment
thereto.
[T.D. 93–6, 58 FR 5606, Jan. 22, 1993]

§ 151.16 Detention of merchandise.
(a) Exemptions from applicability. The
provisions of this section are not applicable to detentions effected by Customs on behalf of other agencies of the
U.S. Government in whom the determination of admissibility is vested and
to detentions arising from possibly piratical copies (see part 133, subpart E,
of this chapter) or import of goods
bearing marks which are confusingly
similar to recorded trademarks or restricted gray market merchandise (see
part 133, subpart C, of this chapter.)
(b) Decision to detain or release. Within
the 5-day period (excluding weekends
and holidays) following the date on
which merchandise is presented for

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United States Customs Service, Treasury
Customs examination, Customs shall
decide whether to release or detain
merchandise. Merchandise which is not
released within such 5-day period shall
be considered to be detained merchandise. For purposes of this section, merchandise shall be considered to be presented for Customs examination when
it is in a condition to be viewed and examined by a Customs officer. Mere
presentation to the examining officer
of a cargo van, container or instrument
of international traffic in which the
merchandise to be examined is contained will not be considered to be
presentation of merchandise for Customs examination for purposes of this
section. Except when merchandise is
examined at the public stores, the importer shall pay all costs relating to
the preparation and transportation of
merchandise for examination.
(c) Notice of detention. If a decision to
detain merchandise is made, or the
merchandise is not released within the
5-day period, Customs shall issue a notice to the importer or other party
having an interest in such merchandise
no later than 5 days (excluding weekends and holidays) after such decision
or failure to release (see paragraph (b)
of this section). Issuance of a notice of
detention is not to be construed as a
final determination as to admissibility
of the merchandise. The notice shall be
prepared by the Customs officer detaining the merchandise and shall advise
the importer or other interested party
of the:
(1) Initiation of the detention, including the date the merchandise was presented for examination;
(2) Specific reason for the detention;
(3) Anticipated length of the detention;
(4) Nature of the tests or inquiries to
be conducted; and
(5) Nature of any information which,
if supplied to the Customs Service,
may accelerate the disposition of the
detention.
(d) Providing testing results. Upon
written request by the importer or
other party having an interest in detained merchandise, Customs shall provide copies of the results of any testing
conducted on the merchandise together
with a description of the testing procedures and methodologies used (unless

§ 151.16
such procedures or methodologies are
proprietary to the holder of a copyright or patent or were developed by
Customs for enforcement purposes).
The results and test description shall
be in sufficient detail to permit the duplication and analysis of the testing
and the results.
(e) Final determinations. A final determination with respect to admissibility
of detained merchandise will be made
within 30 days from the date the merchandise is presented for Customs examination. Such a determination may
be the subject of a protest.
(f) Effect of failure to make a determination. 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 if specifically authorized by law,
shall be treated as a decision by Customs to exclude the merchandise for
purposes of section 514(a)(4) of the Tariff Act of 1930, as amended (19 U.S.C.
1514(a)(4)). Such a deemed exclusion
may be the subject of a protest.
(g) Failure to decide protest. If a protest which is filed as a result of a final
determination or a deemed exclusion of
detained merchandise is not allowed or
denied in whole or in part before the
30th day after the day on which the
protest was filed, it shall be treated as
having been denied on such 30th day for
purposes of 28 U.S.C. 1581.
(h) Decision before commencement of
court action. Customs may at any time
after a deemed denial of a protest as
provided in paragraph (g) of this section, but before commencement of a
court action as provided in paragraph
(i) of this section, grant a protest and
permit release of detained merchandise, or deny a protest in accordance
with § 174.30 of this chapter.
(i) Commencement of court action; burden of proof and decisions of the court.
Once a court action respecting a detention is commenced, unless Customs establishes by a preponderance of the evidence that an admissibility decision
has not been reached for good cause,
the court shall grant the appropriate
relief which may include, but is not
limited to, an order to cancel the detention and release the merchandise.

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§ 151.21

19 CFR Ch. I (4–1–03 Edition)

(j) Seizure and forfeiture; denial of
entry or exportation. If otherwise provided by law, detained merchandise
may be seized and forfeited. In lieu of
seizure and forfeiture, where authorized by law, Customs may deny entry
and permit the merchandise to be exported, with the importer responsible
for paying all expenses of exportation.
[T.D. 99–65, 64 FR 43611, Aug. 11, 1999]

Subpart B—Sugars, Sirups, and
Molasses
§ 151.21 Definitions.
The following are general definitions
for the purposes of this subpart in applying the provisions of Chapters 17
and 18, Harmonized Tariff Schedule of
the United States (19 U.S.C. 1202):
(a) Degree. ‘‘Degree’’ or ‘‘sugar degree’’ means an International Sugar
Degree as determined by polarimetric
test performed in accordance with procedures recognized by the International Commission for Uniform
Methods of Sugar Analysis. This test
discloses the percentage of sucrose contained in the sugar.
(b) Total sugars. ‘‘Total sugars’’
means the sum of the sucrose, the raffinose, and the reducing sugars.
[T.D. 73–175, 38 FR 17470, July 2, 1973, as
amended by T.D. 89–1, 53 FR 51268, Dec. 21,
1988]

§ 151.22 Estimated duties on raw
sugar.
Estimated duties shall be taken on
raw sugar, as defined in Subheading
Note 1 to Chapter 17, Harmonized Tariff Schedule of the United States, on
the basis of not less than 96°
polariscopic test unless the invoice
shows that the sugar is of a lower grade
than that of the ordinary commercial
shipment.
[T.D. 73–175, 38 FR 17470, July 2, 1973, as
amended by T.D. 89–1, 53 FR 51268, Dec. 21,
1988]

§ 151.23 Allowance for moisture in raw
sugar.
Inasmuch as the absorption of sea
water
or
moisture
reduces
the
polariscopic test of sugar, there shall
be no allowance on account of increased weight of raw sugar importa-

tions due to unusual absorption of sea
water or other moisture while on the
voyage of importation. Any portion of
the cargo claimed by the importer to
have absorbed sea water or moisture on
the voyage of importation shall be
weighed, sampled, and tested separately. No such claim shall be considered if made after the sugar claimed to
have been damaged has been weighed.
§ 151.24 Unlading facilities for bulk
sugar.
When dutiable sugar is to be imported in bulk, a full description of the
facilities to be used in unlading the
sugar shall be submitted to the Commissioner of Customs as far as possible
in advance of the date of importation,
and special instructions will be issued
as to the methods to be applied in
weighing and sampling such sugar.
§ 151.25 Mixing classes of sugar.
No regulations relative to the weighing, taring, sampling, classifying, and
testing of imported sugar shall be so
construed as to permit mixing together
sugar of different classes, such as centrifugal, beet, molasses, or any sugar
different in character from those mentioned, for the purpose of weighing,
taring, sampling, or testing.
§ 151.26 Molasses in tank cars.
When molasses is imported in tank
cars, the importer shall file with the
port director a certificate showing
whether there is any substantial difference either in the total sugars or the
character of the molasses in the different cars.
§ 151.27 Weighing and sampling done
at time of unlading.
Sugar, sirup, and molasses requiring
either weighing or sampling shall be
weighed or sampled at the time of unlading. When such merchandise requires both weighing and sampling,
these operations shall be performed simultaneously.
§ 151.28 Gauging of sirup or molasses
discharged into storage tanks.
(a) Plans of storage tank to be filed.
When sirup or molasses is imported in
bulk in tank vessels and is to be
pumped or discharged into storage

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