19 Cfr 101.9

19 CFR 101.9 - Test programs or procedures; alternate requirements.

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○ Regulations last checked for updates: Nov 19, 2019
Title 19 - Customs Duties last revised: Sep 25, 2019

All Titles ∠ Title 19 ∠ Chapter I ∠ Part 101 - GENERAL PROVISIONS
+o View all text of Part 101 [§ 101.0 - § 101.10]

§ 101.9 - Test programs or procedures; alternate requirements.
(a) General testing. For purposes of conducting a test program or procedure designed to
evaluate the effectiveness of new technology or operational procedures regarding the
processing of passengers, vessels, or merchandise, the Commissioner of CBP may impose
requirements different from those specified in the CBP Regulations, but only to the extent that
such different requirements do not affect the collection of the revenue, public health, safety, or
law enforcement. The imposition of any such different requirements will be subject to the
following conditions:
(1) Defined purpose. The test is limited in scope, time, and application to such relief as may
be necessary to facilitate the conduct of a specified program or procedure;
(2) Prior publication requirement. Whenever a particular test allows for deviation from any
regulatory requirements, notice will be published in the Federal Register not less than thirty
days prior to implementing such test, followed by publication in the Customs Bulletin. The
notice will invite public comments concerning the methodology of the test program or
procedure, and inform interested members of the public of the eligibility criteria for
voluntary participation in the test and the basis for selecting participants.
(b) NCAP testing. For purposes of conducting an approved test program or procedure
designed to evaluate planned components of the National Customs Automation Program
(NCAP), as described in section 411(a)(2) of the Tariff Act of 1930, as amended (19 U.S.C.
1411), the Commissioner of CBP may impose requirements different from those specified in
the CBP Regulations, but only to the extent that such different requirements do not affect the
collection of the revenue, public health, safety, or law enforcement. In addition to the
requirement of paragraph (a)(1) of this section, the imposition of any such different
requirements will be subject to the following conditions:

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11/19/2019

19 CFR 101.9 - Test programs or procedures; alternate requirements.

Page 2 of 2

(1) Prior publication requirement. For tests affecting the NCAP, notice will be published in
the Federal Register not less than thirty days prior to implementing such test, followed by
publication in the Customs Bulletin. The notice will invite public comments concerning any
aspect of the test program or procedure, and inform interested members of the public of the
eligibility criteria for voluntary participation in the test and the basis for selecting
participants; and,
(2) Post publication requirement. Within a reasonable time period following the completion
of the test, a complete description of the results will be published in both the Federal
Register and the Customs Bulletin.
[T.D. 95-21, 60 FR 14214, Mar. 16, 1995, as amended by CBP Dec. 12-21, 77 FR 73309, Dec. 10, 2012]

AUTHORITY:

5 U.S.C. 301; 6 U.S.C. 101,

SOURCE: T.D.
CITE AS:

77-241, 42 FR 54937, OCT. 12, 1977, UNLESS OTHERWISE NOTED.

19 CFR 101.9

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11/19/2019