supporting CFR

§ 151.16

19 CFR Ch. I (4–1–11 Edition)

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.

wwoods2 on DSK1DXX6B1PROD with CFR

[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
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
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

198

VerDate Mar<15>2010

11:22 May 24, 2011

Jkt 223060

PO 00000

Frm 00208

Fmt 8010

Sfmt 8010

Y:\SGML\223060.XXX

223060

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

wwoods2 on DSK1DXX6B1PROD with CFR

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

§ 151.24

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 importations 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,

199

VerDate Mar<15>2010

11:22 May 24, 2011

Jkt 223060

PO 00000

Frm 00209

Fmt 8010

Sfmt 8010

Y:\SGML\223060.XXX

223060