[Code of Federal Regulations]
[Title 19, Volume 2]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR143.6]

[Page 58]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 143--SPECIAL ENTRY PROCEDURES--Table of Contents
 
                  Subpart A--Automated Broker Interface
 
Sec. 143.6  Failure to maintain performance standards.

    ABI participants must adhere to the performance requirements and 
operational standards of the ABI system and maintain a high level of 
quality in the transmission of data, as defined in Customs Publication 
552 (CATAIR) and Customs directives and policy statements, in order to 
participate in ABI.
    (a) Probational status. A participant who does not adhere to the 
requirements and standards of the ABI system or maintain a high level of 
quality as described above may be placed on probational status. The 
participant will be notified, electronically and in writing, by the 
Director, User Support Services Division, of any action to place the 
participant on probation. The notice will specifically set forth the 
grounds for the proposed probation, and advise the participant that he 
will have 15 days from the date of the notice to show cause why the 
probationary period should not take effect. If the participant fails to 
respond within the allotted time, or fails to show to the satisfaction 
of the Director, User Support Services Division, that the probationary 
period should not take effect, the Director will notify the participant 
of the effective date of the probationary period. The length of the 
probationary period may, in the discretion of the Director, User Support 
Services Division, be extended up to a maximum of 90 days, if the 
participant's performance remains below standard, but, except for 
immediate revocation under Sec. 143.7, participation will not be 
suspended or revoked until the probationary period has lasted a minimum 
of 30 days. The participant's performance will be closely monitored 
during this time, which will include working with the participant and 
providing any necessary guidance to assist the participant in bringing 
his performance back to standard.
    (b) Suspension following probationary period. If deficiencies are 
not corrected within the probationary period, the participant will be 
suspended from operational status. The participant will be notified, 
electronically and in writing, by the Director, User Support Services 
Division, of any action to suspend participation. The notice will 
specifically set forth the grounds and effective date for the 
suspension, and the right to appeal the suspension to the Assistant 
Commissioner, Information and Technology, within 10 days following the 
date of the written notice of suspension (see Sec. 143.8).
    (c) Reinstatement following suspension. To obtain reinstatement to 
operational status, a suspended participant must submit a letter to the 
Director, User Support Services Division, stating that the deficiencies 
for which the suspension was invoked have been corrected. If, after the 
participant has demonstrated compliance with the system performance 
requirements and operational standards specified in Sec. 143.5 of this 
part, if required, the Director is satisfied that the deficiencies have 
been corrected, the participant will be reinstated.