[Code of Federal Regulations]

[Title 19, Volume 2]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR143.6]



[Page 60]

 

                        TITLE 19--CUSTOMS DUTIES

 

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

        HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)

 

PART 143_SPECIAL ENTRY PROCEDURES--Table of Contents

 

                  Subpart A_Automated Broker Interface

 

Sec.  143.6  Failure to maintain performance standards.



    ABI participants must adhere to the performance requirements and 

operational standards of the ABI system and maintain a high level of 

quality in the transmission of data, as defined in Customs Publication 

552 (CATAIR) and Customs directives and policy statements, in order to 

participate in ABI.

    (a) Probational status. A participant who does not adhere to the 

requirements and standards of the ABI system or maintain a high level of 

quality as described above may be placed on probational status. The 

participant will be notified, electronically and in writing, by the 

Director, User Support Services Division, of any action to place the 

participant on probation. The notice will specifically set forth the 

grounds for the proposed probation, and advise the participant that he 

will have 15 days from the date of the notice to show cause why the 

probationary period should not take effect. If the participant fails to 

respond within the allotted time, or fails to show to the satisfaction 

of the Director, User Support Services Division, that the probationary 

period should not take effect, the Director will notify the participant 

of the effective date of the probationary period. The length of the 

probationary period may, in the discretion of the Director, User Support 

Services Division, be extended up to a maximum of 90 days, if the 

participant's performance remains below standard, but, except for 

immediate revocation under Sec.  143.7, participation will not be 

suspended or revoked until the probationary period has lasted a minimum 

of 30 days. The participant's performance will be closely monitored 

during this time, which will include working with the participant and 

providing any necessary guidance to assist the participant in bringing 

his performance back to standard.

    (b) Suspension following probationary period. If deficiencies are 

not corrected within the probationary period, the participant will be 

suspended from operational status. The participant will be notified, 

electronically and in writing, by the Director, User Support Services 

Division, of any action to suspend participation. The notice will 

specifically set forth the grounds and effective date for the 

suspension, and the right to appeal the suspension to the Assistant 

Commissioner, Information and Technology, within 10 days following the 

date of the written notice of suspension (see Sec.  143.8).

    (c) Reinstatement following suspension. To obtain reinstatement to 

operational status, a suspended participant must submit a letter to the 

Director, User Support Services Division, stating that the deficiencies 

for which the suspension was invoked have been corrected. If, after the 

participant has demonstrated compliance with the system performance 

requirements and operational standards specified in Sec.  143.5 of this 

part, if required, the Director is satisfied that the deficiencies have 

been corrected, the participant will be reinstated.



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