[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR118.23]

[Page 526]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 118--CENTRALIZED EXAMINATION STATIONS--Table of Contents
 
                     Subpart C--Termination of a CES
 
Sec. 118.23  Appeal to the Assistant Commissioner; procedure; status of CES operations.

    (a) Appeal to the Assistant Commissioner. Appeal of a port 
director's decision under Sec. 118.21(a) or (b) must be filed with the 
Assistant Commissioner, Office of Field Operations, within 10 calendar 
days of receipt of the written notice of the adverse action. The appeal 
shall be filed in duplicate and shall set forth the CES operator's or 
entity's responses to the grounds specified by the port director in his 
written notice letter for the adverse action initiated. The Assistant 
Commissioner, Office of Field Operations, or his designee, shall render 
a written decision to the CES operator or entity, stating the reasons 
for the decision, by letter mailed within 30 working days following 
receipt of the appeal, unless the period for decision is extended with 
due notification to the CES operator or entity.
    (b) Status of CES operations during appeal. During this appeal 
period, an immediate suspension of a CES operator's or entity's 
selection and written agreement pursuant to Sec. 118.21(a) of this part 
shall remain in effect. A proposed revocation of a CES operator's or 
entity's selection and cancellation of the written agreement pursuant to 
Sec. 118.21(b)(1) through (5) of this part shall not take effect unless 
the appeal process under this paragraph has been concluded with a 
decision adverse to the operator.
    (c) Effect of suspension or revocation. Once a suspension or 
revocation action takes effect, the CES operator must cease CES 
operations. However, when CES operations are suspended or revoked and 
cancelled by Customs, it is the CES operator's responsibility to ensure 
that merchandise already at the CES is properly consigned to another 
location for inspection, as directed by the importer and approved by the 
port director.

[T.D. 96-57, 61 FR 39071, July 26, 1996]