[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: 19CFR118.4]



[Page 579-580]

 

                        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 A_General Provisions

 

Sec.  118.4  Responsibilities of a CES operator.



    By signing the agreement and commencing operation of a CES, an 

operator agrees to:

    (a) Maintain the facility designated as the CES in conformity with 

the security standards as outlined in the approved application;

    (b) Provide adequate personnel and equipment to ensure reliable 

service for the opening, presentation for inspection, and closing of all 

types of cargo designated for examination by Customs. Such service must 

be provided on a ``first come-first served'' basis;

    (c) Assess service fees as outlined in the fee schedule included in 

the approved application or as changed under Sec.  118.5 of this part 

and bill users directly for services rendered;

    (d) Assume responsibility for any charges or expenses incurred in 

connection with the operation of the CES;

    (e) Maintain, at his own expense, adequate liability insurance with 

respect to the property within his control and with respect to persons 

having access to the CES;

    (f) Keep current the list filed with the port director pursuant to 

Sec.  118.11(f) of this part. Additions to or deletions from the list 

must be submitted in writing to the port director within 10 calendar 

days of the commencement or termination of employement;

    (g) Maintain a Customs custodial bond in an amount set by the port 

director. The CES operator will accept and keep safe all merchandise 

delivered to the CES for examination. The bond will include liability 

for transporting merchandise to the CES from within the district 

boundaries (see definition of ``district'' at Sec.  112.1); such 

liability is assumed by the CES operator when he picks up merchandise 

for transportation to his facility. The operator also agrees to increase 

the amount of the bond if deemed appropriate by the port director.

    (h) Maintain and make available for Customs examination all records 

connected with the operation of the CES in accordance with part 162 of 

this chapter and retain such records for a period of not less than five 

years from the date of the transaction or examination conducted pursuant 

to the agreement to operate the CES;

    (i) Submit, if requested by Customs, the fingerprints of all 

employees involved in the CES operation;

    (j) Provide office space, parking spaces, appropriate sanitary 

facilities, and potable water to Customs personnel at no charge or a 

charge of $1 per year; and

    (k) Perform in accordance with any other reasonable requirements 

imposed by the port director.

    (l) Provide transportation for merchandise to the CES from within 

the district boundaries (see definition of ``district'' at Sec.  112.1). 

This responsibility is optional. If the CES operator chooses to provide 

transportation, he shall receipt for the merchandise when



[[Page 580]]



he picks it up and assume liability for the merchandise at that time.



[T.D. 93-6, 58 FR 5604, Jan. 22, 1993, as amended by T.D. 94-81, 59 FR 

51495, Oct. 12, 1994; T.D. 95-77, 60 FR 50020, Sept. 27, 1995; T.D. 98-

29, 63 FR 16684, Apr. 6, 1998]