[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: 19CFR151.54]



[Page 194]

 

                        TITLE 19--CUSTOMS DUTIES

 

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

        HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)

 

PART 151_EXAMINATION, SAMPLING, AND TESTING OF MERCHANDISE--Table of 

Contents

 

     Subpart D_Metal-Bearing Ores and Other Metal-Bearing Materials

 

Sec.  151.54  Testing by Customs laboratory.



    Samples taken in accordance with Sec.  151.52 shall be promptly 

forwarded to the appropriate Customs laboratory for testing in 

accordance with commercial methods. The port director may secure from 

the importer a certified copy of the commercial settlement tests for 

moisture and for assay which shall be transmitted with the commercial 

samples to the Custom laboratory. If the Customs tests are not in 

substantial agreement with the settlement tests, the Customs laboratory 

director shall review his tests. The Customs tests shall be used in 

determining the final duties on the merchandise, except that the 

settlement tests shall be used if, in the opinion of the Customs 

laboratory director:

    (a) The settlement and Customs tests differ by no more than is to be 

expected between qualified laboratories, and

    (b) The use of the settlement test results will not require a 

different tariff classification or rate of duty than is indicated by the 

Customs test.



[T.D. 73-175, 38 FR 17470, July 2, 1973, as amended by T.D. 87-39, 52 FR 

9791, Mar. 26, 1987]