[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: 19CFR151.54]

[Page 192]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 151--EXAMINATION, SAMPLING, AND TESTING OF MERCHANDISE--Table of Contents
 
     Subpart D--Metal-Bearing Ores and Other Metal-Bearing Materials
 
Sec. 151.54  Testing by Customs laboratory.

    Samples taken in accordance with Sec. 151.52 shall be promptly 
forwarded to the appropriate Customs laboratory for testing in 
accordance with commercial methods. The port director may secure from 
the importer a certified copy of the commercial settlement tests for 
moisture and for assay which shall be transmitted with the commercial 
samples to the Custom laboratory. If the Customs tests are not in 
substantial agreement with the settlement tests, the Customs laboratory 
director shall review his tests. The Customs tests shall be used in 
determining the final duties on the merchandise, except that the 
settlement tests shall be used if, in the opinion of the Customs 
laboratory director:
    (a) The settlement and Customs tests differ by no more than is to be 
expected between qualified laboratories, and
    (b) The use of the settlement test results will not require a 
different tariff classification or rate of duty than is indicated by the 
Customs test.

[T.D. 73-175, 38 FR 17470, July 2, 1973, as amended by T.D. 87-39, 52 FR 
9791, Mar. 26, 1987]