[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: 19CFR113.67]



[Page 558-559]

 

                        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 G_Customs Bond Conditions

 

Sec.  113.67  Commercial gauger and commercial laboratory bond conditions.



                    Commercial Gauger Bond Conditions



    (a) Commercial gauger bond conditions. A commercial gauger's bond 

shall contain the conditions listed in this section and shall be a 

continuous bond.

    (1) If the principal is a commercial gauger whose reports of gauging 

or whose samples are accepted for Customs purposes, the principal agrees 

to:

    (i) Gauge or sample merchandise according to the standards and 

procedures set out in the Customs Regulations;

    (ii) Abide by the requirements set out in Sec.  151.13(b) of this 

chapter; and

    (iii) Submit properly any required report, proof, abstract, or 

sample to Customs.

    (2)(i) If the principal defaults, the obligors (principal and 

surety) agree to pay liquidated damages equal to the value of the 

merchandise involved in the default or three times the value of the 

merchandise involved in the default if the merchandise is restricted or 

prohibited merchandise or alcoholic beverages or such other amount as 

may be authorized by law or regulation.

    (ii) If the principal defaults on the agreements in these conditions 

and the default does not involve merchandise, the obligors agree to pay 

liquidated damages of $1,000 for each default or such other amount as 

may be authorized by law or regulation.

    (iii) It is understood and agreed that whether the default involves 

merchandise is determined by Customs, that the amount to be collected 

under this condition shall be based on the quantity and value of the 

merchandise as determined by Customs and that value as used in these 

provisions means value as determined under 19 U.S.C. 1401a.



                  Commercial Laboratory Bond Conditions



    (b) Commercial laboratory bond conditions. A commercial laboratory's 

bond shall contain the conditions listed in this subsection and shall be 

a continuous bond.

    (1) If the principal is a commercial laboratory whose laboratory 

analysis reports are accepted for Customs purposes, the principal agrees 

to:

    (i) Conduct laboratory analyses according to the standards and 

procedures set out in the Customs Regulations;

    (ii) Abide by the requirements set out in Sec. Sec.  151.12(c) and 

151.14 of this chapter; and

    (iii) Submit properly any required report, proof, abstract, or 

sample to Customs.

    (2)(i) If the principal defaults, the obligors (principal and 

surety, jointly and severally) agree to pay liquidated damages equal to 

the value of the merchandise involved in the default or three



[[Page 559]]



times the value of the merchandise involved in the default if the 

merchandise is restricted or prohibited merchandise or alcoholic 

beverages or such other amount as may be authorized by law or 

regulation.

    (ii) If the principal defaults on the agreements in these conditions 

and the default does not involve merchandise, the obligors agree to pay 

liquidated damages of $1,000 for each default or such other amount as 

may be authorized by law or regulation.

    (iii) It is understood and agreed that whether the default involves 

merchandise is determined by Customs, that the amount to be collected 

under this condition shall be based on the quantity and value of the 

merchandise as determined by Customs and that value as used in these 

provisions means value as determined under 19 U.S.C. 1401a.



[T.D. 87-39, 52 FR 9787, Mar. 26, 1987, as amended by T.D. 88-72, 53 FR 

45902, Nov. 15, 1988; T.D. 99-67, 64 FR 48534, Sept. 7, 1999; T.D. 01-

26, 66 FR 16854, Mar. 28, 2001]