[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: 19CFR152.13]

[Page 199]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 152--CLASSIFICATION AND APPRAISEMENT OF MERCHANDISE--Table of Contents
 
                        Subpart B--Classification
 
Sec. 152.13  Commingling of merchandise.

    (a) Notice to importer. The port director shall give written notice 
to the importer as promptly as possible after any commingling is 
discovered.
    (b) Highest rate applicable. Commingled merchandise shall be 
assessed with duty at the highest rate or rates applicable to any one 
kind of merchandise included in the commingling, unless:
    (1) The quantity and value of each of the kinds so included can be 
readily ascertained by the usual method of Customs examination or by one 
or more of the methods specified in General Note 20, Harmonized Tariff 
Schedule of the United States (HTSUS) (19 U.S.C. 1202), or
    (2) The conditions specified in General Note 20, HTSUS, are 
satisfied.
    (c) Time limit. To obtain the benefit of General Note 20, HTSUS, the 
importer shall, within 30 days after the date of mailing or personal 
delivery of the notice provided for in paragraph (a) of this section, 
take appropriate action as follows:
    (1) File with the port director evidence showing performance of the 
commercial settlement tests specified in General Note 20, HTSUS; or
    (2) Perform the segregation under Customs supervision as specified 
in General Note 20, HTSUS; or
    (3) File with the port director documentary proof which will satisfy 
him that the merchandise is entitled to the lower rate of duty under 
General Note 20, HTSUS.
    (d) Extension of time limit. The 30-day limit for filing the 
evidence specified in General Note 20 or for performing the segregation 
specified in General Note 20, Harmonized Tariff Schedule of the United 
States, may be extended by the port director for additional periods of 
30 days each, but not beyond 6 months from the date of mailing or 
personal delivery of the notice provided for in paragraph (a) of this 
section, if the importer makes written application for each extension 
and gives satisfactory reasons for its allowance.

[T.D. 73-175, 38 FR 17477, July 2, 1973, as amended by T.D. 89-1, 53 FR 
51270, Dec. 21, 1988; T.D. 95-29, 60 FR 18349, Apr. 11, 1995; T.D. 00-
81, 65 FR 68887, Nov. 15, 2000; T.D. 02-14, 67 FR 15099, Mar. 29, 2002]

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