[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: 19CFR123.75]



[Page 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.  123.75  Notice of revocation; appeal of decision.



    (a) Revocation. The port director may immediately revoke a carrier's 

participation in the LBCIP and cancel the written agreement for any of 

the following applicable reasons:

    (1) The selection and written agreement were obtained through fraud 

or the misstatement of a material fact by the carrier;

    (2) The carrier, a corporate officer, or other person the port 

director determines is exercising substantial ownership or control over 

the carrier operation or corporate officer, is indicted for, convicted 

of, or has committed acts which would constitute any felony or 

misdemeanor under United States Federal or State law. In the absence of 

an indictment, conviction, or other legal process, the port director 

must have probable cause to believe the proscribed acts occurred;

    (3) The carrier-participant allows an unauthorized person or entity 

to use its LBCIP certificate or other approved form of identification;

    (4) The carrier-participant misuses authorized conveyances;

    (5) The carrier-participant refuses or otherwise fails to follow any 

proper order of a Customs officer or any Customs order, rule, or 

regulation;

    (6) The carrier-participant fails to operate in accordance with the 

terms of the written agreement; or

    (7) Continuation of LBCIP privileges would endanger the revenue or 

security of the Customs area in the judgment of the port director.

    (b) Notice. When a decision revoking participation has been made, 

the port director shall notify the carrier-participant of the decision 

in writing. The notice of revocation shall clearly state the reason(s) 

for revocation and recite the applicant's appeal rights under paragraph 

(c) of this section.

    (c) Appeal of decision. Carrier-participants that receive a notice 

of revocation and who wish to appeal the decision shall file a written 

appeal with the Assistant Commissioner, Office of Field Operations, U.S. 

Customs Service, Washington, DC 20229, within 10 calendar days of 

receipt of the notice. The appeal shall be filed in duplicate and shall 

set forth the carrier's responses to the grounds specified by the port 

director in the notice. Within 30 working days of receipt of the appeal, 

the Assistant Commissioner, or his designee, shall make a determination 

regarding the appeal and notify the applicant in writing.