| Commercial Information Circulars
24-hour hotline: 23
922 922
Ref : EIC 111/1/17/1
20 August
1999
Dear Sirs,
Commercial
Information Circular No. 125/99
USA
: Detention of Merchandise
The US Customs Service
(USCS) has recently amended the Customs Regulations (parts 151, 174 and
178 of 19 CFR) to provide for procedures regarding the detention of imported
merchandise for extended Customs examination. The regulations shall take
effect from 10 September 1999.
DETAILS
| 2. |
A
copy of the relevant Federal Register Notice
is enclosed. In general, the regulation is applicable to all imported
merchandise except where the detention is effected by the USCS on
behalf of other agencies of the US Government or in the cases of trademark
or copyright violations. |
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| 3. |
Following is
a gist of the regulations :
| (a)
|
The
USCS shall decide whether to release or detain imported merchandise
within 5 working days after the merchandise is presented for
Customs examination. |
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|
| (b) |
Upon a decision to detain the merchandise, the USCS shall issue
a notice of detention to the importer or other relevant party
within 5 working days after such a decision. |
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| (c) |
The notice of detention shall state certain essential details.
These include the date of presentation of the merchandise for
Customs examination; the reason for and the anticipated length
of detention; the nature of tests or enquiries to be conducted;
and the nature of information to be provided which may accelerate
the disposition of detention. |
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| (d)
|
The
USCS shall provide the result of any testing conducted on the
merchandise upon request. |
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| (e) |
The USCS shall determine whether to release or seize the merchandise
within 30 days after the merchandise is presented for Customs
examination. If no determination is made within this 30-day
period, or any such longer period specifically authorized by
law, the subject merchandise shall be deemed to be excluded. |
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| (f)
|
The importer
or other relevant party may file a protest with the USCS with
respect to the final determination or deemed exclusion and
where appropriate, seek judicial review of the denial of protest.
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ENQUIRIES
| 4. |
For
enquiries concerning the content of this circular, please contact
the undersigned at telephone number 2398 5403. |
Yours faithfully,
(Miss Winnie SHEH)
for Director-General
of Trade
Note : While every
effort is made to ensure the accuracy of the above information, the Department
cannot guarantee this to be so and will not be held liable for any reliance
placed on the same.
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