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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
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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.

3. Following is a gist of the regulations :

  1. The USCS shall decide whether to release or detain imported merchandise within 5 working days after the merchandise is presented for Customs examination.
  2. 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.
  3. 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.
  4. The USCS shall provide the result of any testing conducted on the merchandise upon request.
  5. 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.
  6. 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.

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.