[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: 19CFR163.7]

[Page 274-275]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 163--RECORDKEEPING--Table of Contents
 
Sec. 163.7  Summons.

    (a) Who may be served. During the course of any investigation or 
compliance assessment, audit or other inquiry initiated for the reasons 
set forth in Sec. 163.6(c), the Commissioner of Customs or his designee, 
but no designee of the Commissioner below the rank of port director, 
field director of regulatory audit or special agent in charge, may issue 
a summons requiring a person within a reasonable period of time to 
appear before the appropriate Customs officer and to produce records or 
give relevant testimony under oath or both. Such a summons may be issued 
to any person who:
    (1) Imported, or knowingly caused to be imported, merchandise into 
the customs territory of the United States;
    (2) Exported merchandise, or knowingly caused merchandise to be 
exported, to a NAFTA country as defined in 19 U.S.C. 3301(4) (see also 
part 181 of this chapter) or to Canada during such time as the United 
States-Canada Free Trade Agreement is in force with respect to, and the 
United States applies that Agreement to, Canada;
    (3) Transported or stored merchandise that was or is carried or held 
under customs bond, or knowingly caused such transportation or storage;
    (4) Filed a declaration, entry, or drawback claim with Customs;
    (5) Is an officer, employee, or agent of any person described in 
paragraph (a)(1) through (a)(4) of this section;
    (6) Has possession, custody or care of records relating to an 
importation or other activity described in paragraph (a)(1) through 
(a)(4) of this section; or
    (7) Customs may deem proper.
    (b) Contents of summons--(1) Appearance of person. Any summons 
issued under this section to compel the appearance of a person shall 
state:
    (i) The name, title, and telephone number of the Customs officer 
before whom the appearance shall take place;
    (ii) The address within the customs territory of the United States 
where the person shall appear, not to exceed 100 miles from the place 
where the summons was served;
    (iii) The time of appearance; and
    (iv) The name, address, and telephone number of the Customs officer 
issuing the summons.
    (2) Production of records. If a summons issued under this section 
requires the production of records, the summons shall set forth the 
information specified in paragraph (b)(1) of this section and shall also 
describe the records in question with reasonable specificity.
    (c) Service of summons--(1) Who may serve. Any Customs officer is 
authorized to serve a summons issued under this section if designated in 
the summons to serve it.
    (2) Method of service--(i) Natural person. Service upon a natural 
person shall be made by personal delivery.
    (ii) Corporation, partnership, association. Service shall be made 
upon a domestic or foreign corporation, or upon a partnership or other 
unincorporated association which is subject to suit under a common name, 
by delivery to an officer, managing or general agent, or any other agent 
authorized by appointment or law to receive service of process.
    (3) Certificate of service. On the hearing of an application for the 
enforcement of a summons, the certificate of service signed by the 
person serving the summons is prima facie evidence of the facts it 
states.
    (d) Transcript of testimony under oath. Testimony of any person 
taken pursuant to a summons may be taken under oath and when so taken 
shall be transcribed or otherwise recorded. When testimony is 
transcribed or otherwise recorded, a copy shall be made available on 
request to the witness unless for good cause shown the issuing officer 
determines under 5 U.S.C. 555 that a copy should not be provided. In 
that event, the witness shall be limited to

[[Page 275]]

inspection of the official transcript of the testimony. The testimony or 
transcript may be in the form of a written statement under oath provided 
by the person examined at the request of the Customs officer.