eLaws | eCases | United States Code | Federal Courts |
 Code of Federal Regulations (Last Updated: November 8, 2024)
 Title 19 - Customs Duties
 Chapter I - U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury
 Part 12 - Special Classes of Merchandise
 Chemical Substances in Bulk and as Part of Mixtures and Articles

  § 12.122 - Detention of certain shipments.  

Latest version.

  • § 12.122 Detention of certain shipments.

    Cross Reference
    Link to an amendment published at 81 FR 94986, Dec. 27, 2016.
    Cross Reference
    This amendment was delayed until Mar. 21, 2017, at 82 FR 8590, Jan. 27, 2017.

    (a) The director of the port of arrival shall will detain, at the importer's risk and expense, shipments of chemical substances, mixtures, or articlescovered commodity:

    (1) Which have been banned from the customs territory of the United States by a rule or order issued under section 5 or 6 of TSCA (15 U.S.C. 2604 or 2605) or

    (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 will detain shipments of chemical substances, mixtures, or articles covered commodity 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 will give prompt notice to the Administrator and the importer. The notice shall will include the reasons for detention.

    (d) A detained shipment shall will not be held in the custody of the port director for more than 48 hours after the date of detention. Thereafter, the shipment shall will 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 will constitute a waiver of all time periods specified in parts 12 and 127.

    [T.D. 83-158, 48 FR 34739, Aug. 1, 1983, as amended by CBP Dec. 16-28, 81 FR 94986, Dec. 27, 2016]