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HQ 114896

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December 23, 1999

ENT-1/QUO-1-RR:IT:EC 114896 CC

CATEGORY: ENTRY

Acting Area Director
U.S. Customs Service
Port of New York, JFK Area
Building #77
Jamaica, NY 11430

RE: Internal Advice; Notice to Redeliver; Textiles; Visa; 19 CFR § 141.113(b)

Dear Madam:

This is in reference to your request for internal advice, dated November 23, 1999, concerning a notice to redeliver boy’s shirts.

FACTS:

According to the information provided to us, the merchandise at issue consists of boy’s shirts imported by Elegant Apparel Inc., on August 18, 1999. The merchandise is subject to visa category 340 and a visa purportedly issued from the Government of India was presented to Customs. On August 20, 1999, a notice of detention was issued to the importer so that the visa could be verified. Initially, the authenticity of the visa was verified. Thereafter, on August 30, 1999, the merchandise was entered. The Government of India informed Customs, in a letter dated September 2, 1999, that the visa was counterfeit and requested that the shipment be stopped immediately. A Notice to Redeliver on Customs Form (CF) 4647 was issued on September 10, 1999, because an authentic visa had not been submitted. Counsel for the importer, in a letter dated September 24, 1999, requested internal advice on this matter. You forwarded this matter to us by your November 23 memorandum, requesting internal advice.

ISSUE:

Whether the Notice to Redeliver was proper.

LAW AND ANALYSIS:

19 CFR § 141.113(b) provides the following:

For purposes of determining whether the country of origin of textiles and textile products subject to the provisions of § 12.130 of this chapter has been accurately represented to Customs, the release from Customs custody of any such textile or textile product shall be deemed conditional during the 180-day period following the date of release. If the port director finds during the conditional release period that a textile or textile product is not entitled to admission into the commerce of the United States because the country of origin of the textile or textile product was not accurately represented to Customs, he shall promptly demand its return to Customs custody. Notwithstanding the provisions of paragraph (h) of this section and § 113.62(k)(1) of this chapter, a failure to comply with a demand for return to Customs custody made under this paragraph shall result in the assessment of liquidated damages equal to the value of the merchandise involved.

Counsel for the importer makes two arguments for withdrawing the notice to redeliver. First, the visa was valid and should be charged to the Indian quota. Second, there is no equitable basis for redelivery.

The September 2 letter from the Government of India makes it clear that the subject visa was not authentic. Consequently, we find that the visa was not valid.

Visas are required to import certain merchandise in order to authenticate the country of origin, identify illegal transhipments, and prevent quota fraud. When a visa is found to be counterfeit, the authenticity of the country of origin of the merchandise is in question. Consequently, 19 CFR § 141.113(b) requires Customs to demand redelivery of the merchandise. In addition, in order for Customs to determine that a visa is not counterfeit so that the country of origin may be authenticated, 19 CFR § 141.113(b) creates a 180-day conditional release period following the date of release. Consequently, we reject the argument that there was no equitable basis for redelivery. In addition, there is no issue as to the timeliness of the demand for redelivery since the demand was made approximately 11 days after the goods were released, which is well within the 180-day conditional release period of 19 CFR § 141.113(b).

HOLDING:

The Notice to Redeliver was proper.

You are to mail this decision to the internal advice applicant no later than 60 days from the date of this letter. On that date, the Office of Regulations and Rulings will make the decision available to Customs personnel, and to the public on the Customs Home Page on the World Wide Web at www.customs.ustreas.gov, by means of the Freedom of Information Act, and other methods of public distribution.

Sincerely,

Jerry Laderberg

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