[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: 19CFR123.74]



[Page 670-671]

 

                        TITLE 19--CUSTOMS DUTIES

 

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

              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

 

PART 123_CUSTOMS RELATIONS WITH CANADA AND MEXICO--Table of Contents

 

            Subpart H_Land Border Carrier Initiative Program

 

Sec.  123.74  Notice of selection; appeal of determination.



    The information provided pursuant to paragraphs (b) through (d) of 

Sec.  123.73 shall constitute the criteria used to evaluate the 

competency of the carrier-applicant to participate in the LBCIP. 

Following Customs evaluation of the information provided, Customs shall 

notify the carrier-applicant in writing of Customs determination as to 

whether the carrier-applicant is qualified to participate in the LBCIP. 

In cases of selection, Customs will sign and return one of the copies of 

the written agreement. In cases of nonselection, the written notice 

shall clearly state the reason(s) for denial and recite the applicant's 

appeal rights under paragraph (b) of this section.

    (a) Grounds for nonselection. The port director may deny a carrier's 

application to participate in the LBCIP for any of the following 

reasons:

    (1) Evidence of any criminal or dishonest conduct involving the 

carrier, a corporate officer, designated drivers, or other person the 

port director determines is exercising substantial ownership or control 

over the carrier operation or corporate officer;

    (2) Evidence of improper use of designated conveyances;

    (3) Evidence that the written agreement was entered into by fraud or 

misstatement of a material fact; or



[[Page 671]]



    (4) A determination is made that the grant of LBCIP privileges would 

endanger the revenue or security of the Customs area.

    (b) Appeal of determination. Carrier-applicants not selected to 

participate in the LBCIP and who wish to appeal the decision shall 

either:

    (1) Appeal the adverse determination in accordance with the appeal 

procedure set forth in Sec.  123.75(c) of this part; or

    (2) Cure any deficiency in the first application by submitting a new 

application to the port director who denied the previous application 

after waiting 60 days from the date of issuance of the first 

determination.