Supporting Regulation

§ 12.123

19 CFR Ch. I (4–1–07 Edition)

(2) Which have been ordered seized
because of imminent hazards as specified under section 7 of TSCA (15 U.S.C.
2606).
(b) The director of the port of entry
shall detain shipments of chemical substances, mixtures, or articles at the
importer’s risk and expense, in the following situations:
(1) Whenever the Administrator has
reasonable grounds to believe that the
shipment is not in compliance with
TSCA and notifies the port director to
detain the shipment.
(2) Whenever the port director has
reasonable grounds to believe that the
shipment is not in compliance with
TSCA; or
(3) Whenever the importer fails to
certify compliance with TSCA as required by § 12.121.
(c) Upon detention of a shipment, the
port director shall give prompt notice
to the Administrator and the importer.
The notice shall include the reasons for
detention.
(d) A detained shipment shall not be
held in the custody of the port director
for more than 48 hours after the date of
detention. Thereafter, the shipment
shall be promptly turned over to the
Administrator for storage or disposition as provided for in §§ 12.127 and
127.28(i), unless previously released to
the importer under bond as provided in
§ 12.123(b). Notice of intent to abandon
the shipment by the importer shall
constitute a waiver of all time periods
specified in parts 12 and 127.
§ 12.123 Procedure after detention.
(a) Submission of written documentation. If a shipment is detained by a port
director under § 12.122, the importer
may submit written documentation to
the Administrator with a copy to the
port director within 20 days from the
date of notice of detention, to show
cause why the shipment should not be
refused entry. If an importer submits
that documentation, the Administrator
shall allow or deny entry of the shipment within 10 days of receipt of the
documentation, and in any case shall
allow or deny entry of the shipment
within 30 days of the date of notice of
detention.
(b) Release under Bond. The port director may release to the importer a

shipment detained for any of the reasons given in § 12.122 when the port director has reasonable grounds to believe that the shipment may be
brought into compliance, or when the
port director deems it appropriate
under § 141.66 of this chapter. Any such
release shall be conditioned upon furnishing a bond on Customs Form 7551,
7553, or 7595 for the return of the shipment to Customs custody. The bond
shall be for the full amount required in
§ 113.14 of this chapter. If a shipment of
chemical substance, mixture, or article
is released to the importer under bond,
the shipment shall be held intact and
shall not be used or otherwise disposed
of until the Administrator makes a
final determination on entry as provided for in paragraph (c) of this section.
(c) Determination by the Administrator.
After consideration of the available
evidence and within 30 days from the
notice of detention, the Administrator
shall notify the port director and the
importer of his decision either to permit or refuse entry of the shipment. If
the Administrator finds that the shipment is in compliance with TSCA, the
port director shall release the shipment to the importer. If the Administrator finds that the shipment is not in
compliance, the port director shall:
(1) Refuse delivery to the importer,
giving reasons for such refusal, or
(2) If the shipment has been released
on bond, demand its redelivery under
the terms of the bond, giving reasons
for such demand. If the merchandise is
not redelivered within 30 days from the
date of the redelivery notice, the port
director shall assess liquidated damages in the full amount of the bond.
§ 12.124 Time limitations and extensions.
(a) Time limitations. The importer of a
shipment of chemical substances, mixtures, or articles which has been detained under § 12.122 shall bring the
shipment into compliance with TSCA
or export the shipment from the customs territory of the United States
within 90 days after notice of detention
or 30 days of demand for redelivery,
whichever comes first.

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