19 Cfr 146.35

U.S. Customs and Border Protection, DHS; Treasury

SPASCHAL on DSKJM0X7X2PROD with CFR

§ 146.34 Merchandise
transiting
a
zone.
The following procedure is applicable
when merchandise is to be unladen
from any carrier in the zone for immediate transfer to Customs territory, or
if it is to be transferred from Customs
territory through the zone for immediate lading on any carrier in the zone:
(a) Application. Application for permission to lade or unlade will be filed
with the port director on Customs
Form 3171 prior to transfer of the merchandise into the zone.
(b) Permit. The port director shall
permit the transfer unless he has reason to believe that the merchandise
will not be moved promptly from the
zone or will be made the subject of an
application for admission in accordance with § 146.32(a).
(c) Treatment of merchandise. Upon the
issuance of a permit to lade, or unlade,
the merchandise will be treated as
though the lading or unlading were in
the Customs territory.
(d) Delay in zone transit. Merchandise
delayed while transiting a zone must
be made the subject of an application
for admission in accordance with
§ 146.32, or it must be removed from the
zone.
§ 146.35 Temporary deposit in a zone;
incomplete documentation.
(a) General. Temporary deposit of
merchandise in a zone is allowed in circumstances where the information or
documentation necessary to complete
the Customs Form 214 is not available
at the time of arrival of merchandise
within the jurisdiction of the port. The
merchandise will be subject to examination as provided in § 146.36.
(b) Application. An application for
temporary deposit will be made to the
port director on a properly signed and
uniquely numbered Customs Form 214,
annotated clearly ‘‘Temporary Deposit
in a Zone’’.
(c) Conditions. Merchandise temporarily deposited under the provisions of
this section has no zone status and is
considered to be in the Customs territory. It will:
(1) Be physically segregated from all
other zone merchandise;
(2) Be held under the bond and at the
risk of the operator; and

§ 146.37

(3) Be manipulated only to the extent
necessary to obtain sufficient information about the merchandise to file the
appropriate admission or entry documentation.
(d) Approval. The port director shall
approve the application for temporary
deposit of merchandise in a zone if the
provisions of paragraphs (b) and (c) of
this section are met.
(e) Submission of CBP Form 214. A
complete and accurate CBP Form 214
must be submitted, as provided in
§ 146.32, within 15 calendar days with no
exceptions granted by the port director, or the merchandise will be placed
in general order.
[T.D. 86–16, 51 FR 5049, Feb. 11, 1986, as
amended by CBP Dec. 10–29, 75 FR 52452, Aug.
26, 2010]

§ 146.36 Examination of merchandise.
Except for direct delivery procedures
provided for in § 146.39, all merchandise
covered by a Customs Form 214 may be
retained for Customs examination at
the place of unlading, the zone, or another location, as designated by the
port director. The port director may
authorize release of the merchandise
without examination, as provided in
§ 151.2 of this chapter. If a physical examination is conducted, the Customs
officer shall note the results of the examination on the examination invoices.
§ 146.37 Operator admission responsibilities.
(a) Maintenance of admission documentation. The operator shall maintain
either:
(1) Lot file. The operator shall open
and maintain a lot file containing a
copy of the Customs Form 214, the examination invoice, and all other documentation necessary to account for the
merchandise covered by each Customs
Form 214. The lot file will be maintained in sequential order by using the
unique number assigned to each Customs Form 214 as the file reference
number; or
(2)
Authorized
inventory
method.
Where a Customs authorized inventory
method other than a lot system (specific identification of merchandise) is
used, e.g., First-In-First-Out (FIFO), no
lot file is required but the operator

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