[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: 19CFR118.23]



[Page 582]

 

                        TITLE 19--CUSTOMS DUTIES

 

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

              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

 

PART 118_CENTRALIZED EXAMINATION STATIONS--Table of Contents

 

                     Subpart C_Termination of a CES

 

Sec.  118.23  Appeal to the Assistant Commissioner; procedure; status 

of CES operations.



    (a) Appeal to the Assistant Commissioner. Appeal of a port 

director's decision under Sec.  118.21(a) or (b) must be filed with the 

Assistant Commissioner, Office of Field Operations, within 10 calendar 

days of receipt of the written notice of the adverse action. The appeal 

shall be filed in duplicate and shall set forth the CES operator's or 

entity's responses to the grounds specified by the port director in his 

written notice letter for the adverse action initiated. The Assistant 

Commissioner, Office of Field Operations, or his designee, shall render 

a written decision to the CES operator or entity, stating the reasons 

for the decision, by letter mailed within 30 working days following 

receipt of the appeal, unless the period for decision is extended with 

due notification to the CES operator or entity.

    (b) Status of CES operations during appeal. During this appeal 

period, an immediate suspension of a CES operator's or entity's 

selection and written agreement pursuant to Sec.  118.21(a) of this part 

shall remain in effect. A proposed revocation of a CES operator's or 

entity's selection and cancellation of the written agreement pursuant to 

Sec.  118.21(b)(1) through (5) of this part shall not take effect unless 

the appeal process under this paragraph has been concluded with a 

decision adverse to the operator.

    (c) Effect of suspension or revocation. Once a suspension or 

revocation action takes effect, the CES operator must cease CES 

operations. However, when CES operations are suspended or revoked and 

cancelled by Customs, it is the CES operator's responsibility to ensure 

that merchandise already at the CES is properly consigned to another 

location for inspection, as directed by the importer and approved by the 

port director.



[T.D. 96-57, 61 FR 39071, July 26, 1996]



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