[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: 19CFR134.54]



[Page 730-731]

 

                        TITLE 19--CUSTOMS DUTIES

 

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

              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

 

PART 134_COUNTRY OF ORIGIN MARKING--Table of Contents

 

               Subpart F_Articles Found Not Legally Marked

 

Sec.  134.54  Articles released from Customs custody.



    (a) Demand for liquidated damages. If within 30 days from the date 

of the notice of redelivery, or such additional period as the port 

director may allow for good cause shown, the importer does not properly 

mark or redeliver all merchandise previously released to him, the port 

director shall demand payment of liquidated damages incurred under the 

bond in an amount equal to the entered value of the articles not 

properly marked or redelivered.

    (b) Failure to petition for relief. A written petition addressed to 

the Commissioner of Customs for relief from the payment of liquidated 

damages may be filed with the Fines, Penalties, and Forfeitures Officer 

in accord with part 172 of this chapter.

    (c) Relief from full liquidated damages. Any relief from the payment 

of the full liquidated damages incurred will be contingent upon the 

deposit of the marking duty required by 19 U.S.C.



[[Page 731]]



1304(f), and the satisfaction of the Fines, Penalties, and Forfeitures 

Officer that the importer was not guilty of bad faith in permitting the 

illegally marked articles to be distributed, has been diligent in 

attempting to secure compliance with the marking requirements, and has 

attempted by all reasonable means to effect redelivery of the 

merchandise.



[T.D. 72-262, 37 FR 20318, Sept. 29, 1972, as amended by T.D. 79-159, 44 

FR 31969, June 4, 1979; T.D. 83-217, 48 FR 48659, Oct. 20, 1983; T.D. 

90-51, 55 FR 28191, July 10, 1990; T.D. 99-27, 64 FR 13675, Mar. 22, 

1999; T.D. 00-57, 65 FR 53575, Sept. 5, 2000]