[Code of Federal Regulations]
[Title 21, Volume 8]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1230.48]

[Page 668-669]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN 
                          SERVICES (CONTINUED)
 
PART 1230--REGULATIONS UNDER THE FEDERAL CAUSTIC POISON ACT--Table of Contents
 
                           Subpart E--Imports
 
Sec. 1230.48  Relabeling of containers.

    (a) If containers are to be released after relabeling, a notice 
shall be sent by the chief of district direct to the importer, a carbon 
copy being sent to the

[[Page 669]]

District Director of Customs. This notice must state specifically the 
conditions to be performed, so as to bring the performance thereof under 
the provisions of the customs bonds on consumption and warehouse 
entries, these bonds including provisions requiring compliance with all 
of the requirements of the Federal Caustic Poison Act and all 
regulations and instructions issued thereunder. The notice will also 
state the officer to be notified by the importer when the containers are 
ready for inspection.
    (b) The importer must return the notice to the District Director of 
Customs or chief of district, as designated, with the certificate 
thereon filled out, stating that he has complied with the prescribed 
conditions and that the containers are ready for inspection at the place 
named.
    (c) This notice will be delivered to the inspection officer, who, 
after inspection, will endorse the result thereof on the back of the 
notice and return the same to the District Director of Customs or to the 
chief of district, as the case may be.
    (d) When the conditions to be complied with are under the 
supervision of the chief of district, and these conditions have been 
fully met, he shall release the containers to the importer, sending a 
copy of the notice of release to the District Director of Customs for 
his information. If the containers have not been properly relabeled 
within the period allowed, the chief of district shall immediately give 
notice in duplicate to the District Director of Customs of the results 
of inspection. The District Director of Customs shall sign and 
immediately transmit one copy of the notice to the importer and proceed 
in the usual manner.
    (e) If the containers are detained subject to relabeling to be 
performed under the supervision of the District Director of Customs, the 
District Director of Customs, as soon as relabeling is accomplished, 
will notify the importer that the containers are released.
    (f) If the containers have not been properly relabeled within the 
period allowed, their sale after labeling as required by the act or 
other disposition must be effected by the District Director of Customs.
    (g) When the final action has been taken on containers which have 
been refused admission, sold, or otherwise disposed of as provided for 
by the act or which have been relabeled under the supervision of the 
District Director of Customs, he shall send to the chief of district a 
notice of such final action, giving the date and disposition.
    (h) When relabeling is allowed the importer must furnish 
satisfactory evidence as to the identity of the containers before 
release is given. The relabeling must be done at a stated place and 
apart from other containers of a similar nature.
    (i) When containers are shipped to another port for relabeling or 
exportation, they must be shipped under customs carrier's manifest, in 
the same manner as shipments in bond.
    (j) District Directors of Customs will perform the inspection 
service whenever containers are to be exported, sold, or otherwise 
disposed of, and in other cases when there is no officer of the district 
available.
    (k) District Directors of Customs and representatives of the 
district will confer and arrange the apportionment of the inspection 
service according to local conditions. Officers of the district will, 
whenever feasible, perform the inspection service in connection with 
relabeling.