[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: 19CFR19.17]



[Page 355-356]

 

                        TITLE 19--CUSTOMS DUTIES

 

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

              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

 

PART 19_CUSTOMS WAREHOUSES, CONTAINER STATIONS AND CONTROL OF MERCHANDISE THEREIN--Table of Contents

 

Sec.  19.17  Application to establish warehouse; bond.



    (a) Application. Application for the bonding of a plant of a 

manufacturer engaged in the smelting or refining, or both, of metal-

bearing materials as provided for in section 312, Tariff Act of 1930, as 

amended, to reduce the metal content thereof to an unwrought metal, or 

metal in the form of oxides or other compounds which are obtained 

directly from the treatment of the dutiable materials provided for in 

chapters 26 and 71 through 83, Harmonized Tariff Schedule of the United 

States (19 U.S.C. 1202), shall be made by the manufacturer, to the 

director of the port nearest in which such plant is situated, giving the 

location of the premises and setting forth the work proposed to be 

carried on therein.

    (b) [Reserved]

    (c) Discontinuance. At the request of the proprietor the bonded 

status of the warehouse may be discontinued at any time provided the 

port director approves such discontinuance and the proprietor complies 

with directions of the port director with respect to the disposition of 

merchandise which may remain in the warehouse. The number of warehouses 

covered by a blanket smelting and refining bond may be reduced by 

discontinuance without necessitating a new bond unless the proprietor so 

desires.

    (d) Upon the importation at any seaboard or frontier port of the 

United States of metal-bearing materials in any form intended for a 

bonded smelting or refining warehouse situated at some other port of 

entry, they may be forwarded under an immediate transportation without 

appraisement entry.

    (e) Bond. Upon the arrival of imported metal-bearing material in any 

form for the purpose of being smelted or refined, or both, in bond at a 

port where a bonded smelting or refining warehouse is established, it 

shall be entered for warehouse. A bond on Customs Form 301, containing 

the bond conditions set forth in Sec.  113.62 of this chapter shall be 

on file. The port director shall thereupon issue a permit to the 

inspector to send such metal bearing materials from the importing vessel 

or vehicle by designated bonded vessels or vehicles to the smelting and 

refining warehouse named in the entry.

    (f) Bonded metal-bearing materials shall be kept separate and 

distinct from nonbonded material until they have been sampled and 

weighed. The proprietor shall maintain a report of sampling, weighing, 

and assay of each shipment of bonded materials received into the 

warehouse for 5 years after liquidation of the warehouse entry for 

shipment.

    (g) Statement of inventory and bond charges. Where two or more 

smelting or refining warehouses are included under one blanket smelting 

and refining bond, an overall statement must be prepared and maintained 

by the principal named in the bond by the 28th of each month, showing 

the inventory as of the close of the preceding month, of all metals on 

hand at each plant covered by the blanket bond and the total of bonded 

charges for all plants. If the warehouses covered by an overall 

statement are located in more than one port, each port director may 

choose to verify the accuracy of the inventory report only with respect 

to that portion of the report that relates to amounts held at a plant 

that is located within that port director's jurisdiction. All 

discrepancies which cannot be reconciled by the port director shall be 

reported to Headquarters, U.S. Customs



[[Page 356]]



Service. If Headquarters finds that the aggregate quantity of dutiable 

metal at the several plants does not equal the quantity charged against 

the blanket bond, duties shall be collected for the quantity determined 

to be deficient.



[28 FR 14763, Dec. 31, 1963, as amended by T.D. 74-247, 39 FR 34650, 

Sept. 27, 1974; T.D. 82-204, 47 FR 49373, Nov. 1, 1982; T.D. 84-213, 49 

FR 41170, Oct. 19, 1984; T.D. 89-1, 53 FR 51254, Dec. 21, 1988; T.D. 90-

78, 55 FR 40166, Oct. 2, 1990; T.D. 95-99, 60 FR 62733, Dec. 7, 1995; 

T.D. 99-78, 64 FR 57565, Oct. 26, 1999]