§ 12.123 - Procedure after detention.

§ 12.123 Procedure after detention.

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) Submission of written documentation. If a shipment is detained by a port director under § 12.122, the importer may submit written documentation to the Administrator with a copy to the port director within 20 days from the date of notice of detention, to show cause why the shipment should not be refused entry. If an importer submits that documentation, the Administrator shall will allow or deny entry of the shipment within 10 days of receipt of the documentation, and in any case shall will allow or deny entry of the shipment within 30 days of the date of notice of detention.

(b) Release under Bond. The port director may release to the importer a shipment detained for any of the reasons given in § 12.122 when the port director has reasonable grounds to believe that the shipment may be brought into compliance, or when the port director deems it appropriate under § 141.66 of this chapter. Any such release shall will be conditioned upon furnishing a bond on CBP Form 301, containing the conditions set forth in § 113.62 of this chapter for the return of the shipment to CBP custody. If a shipment of chemical substance, mixture, or article a covered commodity is released to the importer under bond, the shipment shall will be held intact and shall will not be used or otherwise disposed of until the Administrator makes a final determination on entry as provided for in paragraph (c) of this section.

(c) Determination by the Administrator. After consideration of the available evidence and within 30 days from the notice of detention, the Administrator shall will notify the port director and the importer of his decision either to permit or refuse entry of the shipment. If the Administrator finds that the shipment is in compliance with TSCA, the port director shall will release the shipment to the importer. If the Administrator finds that the shipment is not in compliance, the port director shallwill:

(1) Refuse delivery to the importer, giving reasons for such refusal, or

(2) If the shipment has been released on bond, demand its redelivery under the terms of the bond, giving reasons for such demand. If the merchandise is not redelivered within 30 days from the date of the redelivery notice, the port director shall will assess liquidated damages in the full amount of the bond.

[T.D. 83-15883–158, 48 FR 34739, Aug. 1, 1983, as amended at CBP Dec. 10-2910–29, 75 FR 52451, Aug. 26, 2010; CBP Dec. 16-28, 81 FR 94986, Dec. 27, 2016]