[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR101.2]



[Page 426-427]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

 

PART 101_GENERAL PROVISIONS--Table of Contents

 

Sec.  101.2  Authority of Customs officers.



    (a) Supremacy of delegated authority. Action taken by any person 

pursuant to authority delegated to him by the Secretary of the Treasury, 

whether directly or by subdelegation, shall be valid despite the 

existence of any statute or regulation, including any provision of this 

chapter, which provides that such action shall be taken by some other 

person. Any person acting under such delegated authority shall be deemed 

to have complied with any statute or regulation which provides or 

indicates that it shall be the duty of some other person to perform such 

action.

    (b) Consolidation of functions. Any reorganization of the Customs 

Service or consolidation of the functions of two or more persons into 

one office which results in the failure of a designated Customs officer 

to perform an action required by statute or regulation, shall not 

invalidate the performance of that action by any other Customs officer.

    (c) Customs supervision. Whenever anything is required by the 

regulations in this chapter or by any provision of the customs or 

navigation laws to be done or maintained under the supervision of 

Customs officers, such supervision shall be carried out as prescribed in 

the regulations of this chapter or by instructions from the Secretary of 

the Treasury or the Commissioner of Customs in particular cases. In the 

absence of a governing regulation or instruction, supervision shall be 

direct and continuous or by such occasional verification as the 

principal Customs field officer shall direct if such officer shall 

determine that less intensive supervision will ensure proper enforcement 

of the law and protection of the revenue. Nothing in this section shall 

be deemed to warrant any failure to direct and furnish required 

supervision or to excuse any failure of a party in



[[Page 427]]



interest to comply with prescribed procedures for obtaining any required 

supervision.



[T.D. 77-241, 42 FR 54937, Oct. 12, 1977, as amended by T.D. 98-22, 63 

FR 11825, Mar. 11, 1998]