[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: 19CFR19.48]



[Page 368-369]

 

                        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.  19.48  Suspension or revocation of the privilege of operating a 

container station; hearings.



    (a) Grounds for suspension or revocation. The port director may 

revoke or suspend the privilege of operating a container station if:

    (1) The privilege was obtained through fraud or the misstatement of 

a material fact;

    (2) The container station operator refuses or neglects to obey any 

proper order of a Customs officer or any Customs order, rule, or 

regulation relative to the operation of a container station;

    (3) The container station operator or an officer of a corporation 

which has been granted the privilege of operating a container station is 

convicted of or has committed acts which would constitute a felony, or a 

misdemeanor involving theft, smuggling, or a theft-connected crime. Any 

change in the employment status of the corporate officer (e.g., 

discharge, resignation, demotion, or promotion) prior to conviction of a 

felony or prior to conviction of a misdemeanor involving theft, 

smuggling, or a theft-connected crime, resulting from acts committed 

while a corporate officer, will not preclude application of this 

provision;

    (4) The container station operator fails to retain merchandise which 

has been designated for examination;

    (5) The container station operator does not provide secure 

facilities or properly safeguard merchandise within the container 

station;

    (6) The container station operator fails to furnish a current list 

of names, addresses, and other information required by Sec.  19.46; or

    (7) The bond required by Sec.  19.40 is determined to be 

insufficient in amount or lacking sufficient sureties, and a 

satisfactory new bond with good and sufficient sureties is not furnished 

within a reasonable time.

    (b) Notice and appeal. The port director shall suspend or revoke the 

privilege of operating a container station by serving notice of the 

proposed action in writing upon the container station operator. The 

notice shall be in the form of a statement specifically setting forth 

the grounds for revocation or suspension of the privilege and shall be 

final and conclusive upon the container



[[Page 369]]



station operator unless he shall file with the port director a written 

notice of appeal. The container station operator may file a written 

notice of appeal from the revocation or suspension within 10 days 

following receipt of the notice of revocation or suspension. The notice 

of appeal shall be filed in duplicate and shall set forth the response 

of the container station operator to the statement of the port director. 

The container station operator, in his notice of appeal, may request a 

hearing.

    (c) Hearing on appeal. If a hearing is requested, it shall be held 

before a hearing officer designated by the Secretary of the Treasury or 

his designee within 30 days following application therefor. The 

container station operator shall be notified of the time and place of 

the hearing at least 5 days prior thereto. The container station 

operator may be represented by counsel at the revocation or suspension 

hearing. All testimony in the proceeding shall be subject to cross-

examination. A stenographic record of any such proceeding shall be made 

and a copy thereof shall be delivered to the container station operator. 

At the conclusion of such proceeding or review of a written appeal, the 

hearing officer or the port director, as the case may be, shall 

forthwith transmit all papers and the stenographic record of any 

hearing, to the Commissioner of Customs, together with his 

recommendation for final action. Following a hearing and within 10 

calendar days after delivery of a copy of the stenographic record, the 

container station operator may submit to the Commissioner of Customs, in 

writing, additional views and arguments on the basis of such record. If 

neither the container station operator nor his attorney appear for a 

scheduled hearing, the hearing officer shall conclude the hearing and 

transmit all papers with his recommendation to the Commissioner of 

Customs. The Commissioner shall thereafter render his decision, in 

writing, stating his reasons therefor, with respect to the action 

proposed by the hearing officer or the port director. Such decision 

shall be transmitted to the port director and served by him on the 

container station operator.



[T.D. 73-286, 38 FR 28289, Oct. 12, 1973, as amended by T.D. 88-63, 53 

FR 40219, Oct. 14, 1988]