HQ 0222826 - Customs Service Decision 90-99, issued June 28, 1990; conditional;release;period - United States International Trade Commision Rulings

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HQ 222826

March 7, 1991

BON-2-CO:R:C:E 222826 CB

CATEGORY: ENTRY

Assistant Regional Commissioner
Northeast Region
U.S. Customs Service
Suite 801
10 Causeway Street
Boston, MA 02222-1056

RE: Customs Service Decision 90-99, issued June 28, 1990; conditional;release;period

Dear Sir:

By way of Memorandum dated November 8, 1990 (your file ENF- 4-0:CO DI), you requested a review of Customs Service Decision 90-99. You have stated your concern that, through said decision, the time-frame within which the district director may demand redelivery for merchandise not legally marked has been significantly expanded. It is your position that C.S.D. 90-99 is inconsistent with an earlier ruling, C.S.D. 86-21.

We disagree with your position for the following reasons. C.S.D. 86-21 is not at odds with C.S.D. 90-99 because the former held only that the term "conditional release period" used in 19 CFR 113.62(e) could not mean liquidation. You pointed out that C.S.D. 86-21 indicates that the conditional release period means a set time limitation established by regulation. However, the use of the example of the EPA/DOT conditional release periods was only an example. C.S.D. 86-21 should not be read to mean that the conditional release period must be regulatory.

The period during which a sample may be obtained and redelivery ordered is set forth in the regulations. See 19 CFR 151.11, 134.3(b) and 141.113. C.S.D. 90-99 does not contradict nor expand the time-frame provided for in the regulations. Additionally, we have already ruled on this same point. In C.S.D. 89-100, we concluded that notices of redelivery are timely if made within 30 days after a laboratory report is issued when goods are examined at places other than the place of unlading or the public stores.

C.S.D. 90-99 does not establish a new time-frame for notice of redelivery. There are still only two periods during which a redelivery notice may be issued and enforced by a Customs bond under 19 CFR 113.62(d):

(1) Within 30 days from the date of release if no other period is set; or

(2) During a period longer than 30 days but before liquidation, if provided by regulation or notice.

In any event, the demand must be issued before the entry is liquidated or there must be a proper reliquidation of the entry.

To clarify the various time periods in which there have been express Customs positions established, the Customs Service will publish a comprehensive listing of those periods. Therefore, we see no need for a review of C.S.D. 90-99 at this time.

Sincerely,

Samuel H. Banks
Assistant Commissioner
Office of Commercial Operations

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