HQ 0951300 - Request for Reconsideration of I/A 40/90; Timeliness of Redelivery Notices; Your File: RES-1-DD:C BD, March 4, 1992 - United States International Trade Commision Rulings

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HQ 951300

August 3, 1993

BON-1-CO:R:C:E 951300 JRS

CATEGORY: ENTRY

District Director of Customs
200 East Bay Street
Charleston, SC 29401-2611

RE: Request for Reconsideration of I/A 40/90; Timeliness of Redelivery Notices; Your File: RES-1-DD:C BD, March 4, 1992

Dear Madam:

This is in response to your request that this office reconsider its decision in our reply to Internal Advice Request 40/90, file HQ 088904, dated February 19, 1992. The portion of that ruling to which you take exception is the holding that a Notice of Redelivery should be canceled because it was not made within 30 days of the date of release of the concerned merchandise and Customs could not extend the release period.

It is your position that once the conditions of release have been complied with (i.e., necessary documents and evidence have been submitted (19 CFR 113.62(c)) then 19 CFR 113.62(d) and 19 CFR 141.113(a) and (b) come into play. If Customs requires a sample from the importer via a CF 28, even after 30 days from the release of the unexamined cargo, the conditional release date will be the date that Customs receives the sample from the importer.

Please be advised that the matter was thoroughly considered prior to the issuance of HQ 088904 by the Deputy Commissioner of Customs and the Assistant Commissioner, Commercial Operations. A policy determination was set in September 1991 by the Deputy Commissioner that Customs must examine the goods or request samples in the first 30 days after the release; thereafter, Customs must complete its exam and order redelivery in the next 30 days. The danger of limiting the time period to decide admissibility to 30 days from the receipt of the sample was raised. Enclosed, for your information, is the letter dated September 4, 1991 (File 223315) and memorandum dated September 3, 1991 (File 223315).

After your request, this matter was again brought to the attention of the Assistant Commissioner (see enclosed memorandums of September 21, 1992 (File 223535) and October 7, 1992 (File 951300)). A meeting with the Assistant Commissioner was held in late January on the subject. However, the Assistant Commissioner upheld the prior position on the time in which demand for redelivery must be made by Customs.

Our interpretation of 19 CFR 141.113(b), 19 CFR 141.113(f), and 19 CFR 113.62(d) is that a Notice of Redelivery must be "promptly" issued (see Customs Service Decisions (CSD) 90-99, 89-100 and 86-21). It is Customs position that 19 CFR 141.113(b) has a time limitation of "promptness" (30 days) despite the broad drafting language of the regulation itself ("[I]f at any time after entry..."). A Notice of Redelivery is not timely when it is issued more than 30 days after entry and authorization for immediate delivery and no Request for Information (CF 28) is issued or any other action is taken to establish a different conditional release period.

In view of the above, HQ 088904 correctly and clearly adhered to Customs position on this matter. Accordingly, HQ 088904 is affirmed.

Sincerely,

John Durant, Director

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