[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: 19CFR152.13]



[Page 201-202]

 

                        TITLE 19--CUSTOMS DUTIES

 

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

        HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)

 

PART 152_CLASSIFICATION AND APPRAISEMENT OF MERCHANDISE--Table of Contents

 

                        Subpart B_Classification

 

Sec.  152.13  Commingling of merchandise.



    (a) Notice to importer. The port director shall give written notice 

to the importer as promptly as possible after any commingling is 

discovered.

    (b) Highest rate applicable. Commingled merchandise shall be 

assessed with duty at the highest rate or rates applicable to any one 

kind of merchandise included in the commingling, unless:

    (1) The quantity and value of each of the kinds so included can be 

readily ascertained by the usual method of CBP examination or by one or 

more of the methods specified in General Note 3(f), Harmonized Tariff 

Schedule of the United States (HTSUS) (19 U.S.C. 1202), or

    (2) The conditions specified in General Note 3(f), HTSUS, are 

satisfied.

    (c) Time limit. To obtain the benefit of General Note 3(f), HTSUS, 

the importer shall, within 30 days after the date of mailing or personal 

delivery of the notice provided for in paragraph (a) of this section, 

take appropriate action as follows:

    (1) File with the port director evidence showing performance of the 

commercial settlement tests specified in General Note 3(f), HTSUS; or

    (2) Perform the segregation under CBP supervision as specified in 

General Note 3(f), HTSUS; or

    (3) File with the port director documentary proof which will satisfy 

him that the merchandise is entitled to the lower rate of duty under 

General Note 3(f), HTSUS.

    (d) Extension of time limit. The 30-day limit for filing the 

evidence specified in



[[Page 202]]



General Note 3(f) or for performing the segregation specified in General 

Note 3(f), Harmonized Tariff Schedule of the United States, may be 

extended by the port director for additional periods of 30 days each, 

but not beyond 6 months from the date of mailing or personal delivery of 

the notice provided for in paragraph (a) of this section, if the 

importer makes written application for each extension and gives 

satisfactory reasons for its allowance.



[T.D. 73-175, 38 FR 17477, July 2, 1973, as amended by T.D. 89-1, 53 FR 

51270, Dec. 21, 1988; T.D. 95-29, 60 FR 18349, Apr. 11, 1995; T.D. 00-

81, 65 FR 68887, Nov. 15, 2000; T.D. 02-14, 67 FR 15099, Mar. 29, 2002; 

CBP Dec. 05-31, 70 FR 53062, Sept. 7, 2005]