[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: 19CFR191.35]

[Page 542-543]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 191--DRAWBACK--Table of Contents
 
                 Subpart C--Unused Merchandise Drawback
 
Sec. 191.35  Notice of intent to export; examination of merchandise.

    (a) Notice. A notice of intent to export merchandise which may be 
the subject of an unused merchandise drawback claim (19 U.S.C. 1313(j)) 
must be provided to the Customs Service to give Customs the opportunity 
to examine the merchandise. The claimant, or the exporter, must file at 
the port of intended examination a Notice of Intent to Export, Destroy, 
or Return Merchandise for Purposes of Drawback on Customs Form 7553 at 
least 2 working days prior to the date of intended exportation unless 
Customs approves another filing period or the claimant has been granted 
a waiver of prior notice (see Sec. 191.91 of this part).
    (b) Required Information. The notice shall certify that the 
merchandise has not been used in the United States before exportation. 
In addition, the notice shall provide the bill of lading number, if 
known, the name and telephone number, mailing address, and, if 
available, fax number and e-mail address of a contact person, and the 
location of the merchandise.
    (c) Decision to examine or to waive examination. Within two (2) 
working days after receipt of the Notice of Intent to Export, Destroy, 
or Return Merchandise for Purposes of Drawback (see paragraph (a) of 
this section), Customs will notify the party designated on the Notice in 
writing of Customs decision to either examine the merchandise to be 
exported, or to waive examination. If Customs timely notifies the 
designated party, in writing, of its decision to examine the merchandise 
(see paragraph (d) of this section), but the merchandise is exported 
without having been presented to Customs for examination, any drawback 
claim, or part thereof, based on the Notice of Intent to Export, 
Destroy, or Return Merchandise for Purposes of Drawback shall be denied. 
If Customs notifies the

[[Page 543]]

designated party, in writing, of its decision to waive examination of 
the merchandise, or, if timely notification of a decision by Customs to 
examine or to waive examination is absent, the merchandise may be 
exported without delay.
    (d) Time and place of examination. If Customs gives timely notice of 
its decision to examine the export merchandise, the merchandise to be 
examined shall be promptly presented to Customs. Customs shall examine 
the merchandise within five (5) working days after presentation of the 
merchandise. The merchandise may be exported without examination if 
Customs fails to timely examine the merchandise after presentation to 
Customs. If the examination is completed at a port other than the port 
of actual exportation, the merchandise shall be transported in-bond to 
the port of exportation.
    (e) Extent of examination. The appropriate Customs office may permit 
release of merchandise without examination, or may examine routinely (to 
the extent determined to be necessary) the items exported.