Supporting Laws and Regulations

§ 151.9

19 CFR Ch. I (4–1–04 Edition)

§ 151.9 Immediate transportation entry
delivered outside port limits.
When merchandise covered by an immediate transportation entry has been
authorized by the port director to be
delivered to a place outside a port of
entry as provided for in § 18.11(c) of this
chapter, the provisions of § 151.7 shall
be complied with to the same extent as
if the merchandise had been delivered
to the port of entry, and then authorized to be examined elsewhere than at
the public stores, wharf, or other place
under the control of Customs.
§ 151.10 Sampling.
When necessary, the port director
may obtain samples of merchandise for
appraisement, classification, or other
official purposes. Samples shall be
taken by Customs or a commercial
gauger approved in accordance with
§ 151.13. Samples shall be marked to ensure identification and retained according to established policies.
[T.D. 87–39, 52 FR 9787, Mar. 26, 1987]

§ 151.11 Request for samples or additional examination packages after
release of merchandise.
If the port director requires samples
or additional examination packages of
merchandise which has been released
from Customs custody, he shall send
the importer a written request, on Customs Form 28, Request for Information, or other appropriate form, to submit the necessary samples or packages.
If the request is not promptly complied
with, the port director may make a demand under the bond for the return of
the necessary merchandise to Customs
custody in accordance with § 141.113 of
this chapter.
[T.D. 73–175, 38 FR 17470, July 2, 1973, as
amended by T.D. 75–152, 40 FR 27444, June 30,
1975; T.D. 84–213, 49 FR 41186, Oct. 19, 1984]

§ 151.12 Accreditation of commercial
laboratories.
This section sets forth the requirements for commercial laboratories to
obtain accreditation by Customs for
the testing of certain commodities, and
explains the operation of such accredited laboratories. This section also provides for the imposition of accreditation and reaccreditation fees, sets forth

grounds for the suspension and revocation of accreditation, and provides for
the imposition of a monetary penalty
for an accredited commercial laboratory that fails to adhere to the provisions of this section.
(a) Definitions. For purposes of this
section, the following words and
phrases have the meanings indicated:
Analysis record. An ‘‘analysis record’’
is a compilation of all documents
which have been generated during the
course of analysis of a particular sample
which,
under
normal
circumstances, may include, both in paper
and electronic-form, such documents as
work sheets, notes, associated spectra
(both spectra of the actual product and
any standard spectra used for comparison), photographs and microphotographs, and the laboratory report.
Assistant Commissioner. In §§ 151.12 and
151.13, references to the ‘‘Assistant
Commissioner’’ mean the Assistant
Commissioner, Office of Field Operations, located in Washington, D.C.
Check samples. ‘‘Check samples’’ are
samples which have been distributed by
Customs to accredited laboratories to
test their proficiency in a certain area
of accreditation.
Commodity Group Brochure. A ‘‘Commodity Group Brochure’’ is a booklet
which contains a listing of laboratory
methods which commercial laboratories are required to have the capability to perform to qualify for Customs-accreditation in a particular
commodity group. The brochures and
the U.S. Customs Laboratory Methods
Manual will specify the particular laboratory testing methods required for
particular commodity groups, unless
written permission from the Executive
Director is given to use an alternate
method. Procedures required by the
Executive Director may reference applicable general industry testing standards, published by such organizations
as the American Society for Testing
and Materials (ASTM) and the American Petroleum Institute (API). Commodity Group Brochures and a listing
of the methods found in the U.S. Customs Laboratory Methods Manual are
available from the U.S. Customs Service, Attention: Executive Director,
Laboratories and Scientific Services,
Washington, D.C. 20229 and can also be

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