[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: 19CFR113.39]



[Page 547-548]

 

                        TITLE 19--CUSTOMS DUTIES

 

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

              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

 

PART 113_CUSTOMS BONDS--Table of Contents

 

                    Subpart D_Principals and Sureties

 

Sec.  113.39  Procedure to remove a surety from Treasury Department 

Circular 570.



    If a port director or Fines, Penalties, and Forfeitures Officer is 

unsatisfied with a surety company because the company has neglected or 

refused to pay a valid demand made on the surety company's bond or 

otherwise has failed to honor an obligation on that bond, the port 

director may take the following steps to recommend that the surety 

company be removed from Treasury Department Circular 570.

    (a) Report to Headquarters. A port director or Fines, Penalties, and 

Forfeitures Officer shall send the following evidence to Headquarters, 

Attn: Director, International Trade Compliance Division.

    (1) A copy of the bond in issue;

    (2) A copy of the entry or other evidence which shows that there was 

a default on the bond;

    (3) A copy of all notices, demands or correspondence sent to the 

surety company requesting the honoring of the bond obligation;

    (4) A copy of all correspondence from the surety company; and

    (5) A written report of the facts known to the port director or 

Fines, Penalties, and Forfeitures Officer showing the unsatisfactory 

performance by the surety company of the bond obligation(s).

    (b) Review by Headquarters. The Director, International Trade 

Compliance



[[Page 548]]



Division, shall review submitted evidence and determine whether further 

action against the surety company is warranted. If it is determined that 

further action is warranted, a report recommending appropriate action 

will be submitted to the Fiscal Assistant Secretary, Department of the 

Treasury, as required by Sec.  223.18(a), Bureau of Government Financial 

Operations Regulations (31 CFR 223.18(a)). The port director and Fines, 

Penalties, and Forfeitures Officer will be informed in writing of 

Headquarters action regarding their request for removal of the surety.



[T.D. 84-213, 49 FR 41171, Oct. 19, 1984, as amended by T.D. 91-77, 56 

FR 46115, Sept. 10, 1991; T.D. 95-77, 60 FR 50020, Sept. 27, 1995; T.D. 

99-27, 64 FR 13675, Mar. 22, 1999]