[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: 19CFR191.35]



[Page 547-548]

 

                        TITLE 19--CUSTOMS DUTIES

 

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

        HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)

 

PART 191_DRAWBACK--Table of Contents

 

                  Subpart C_Unused Merchandise Drawback

 

Sec.  191.35  Notice of intent to export; examination of merchandise.



    (a) Notice. A notice of intent to export merchandise which may be 

the subject of an unused merchandise drawback claim (19 U.S.C. 1313(j)) 

must be provided to the Customs Service to give Customs the opportunity 

to examine the merchandise. The claimant, or the exporter, must file at 

the port of intended examination a Notice of Intent to Export, Destroy, 

or Return Merchandise for Purposes of Drawback on Customs Form 7553 at 

least 2 working days prior to the date of intended exportation unless 

Customs approves another filing period or the claimant



[[Page 548]]



has been granted a waiver of prior notice (see Sec.  191.91 of this 

part).

    (b) Required Information. The notice shall certify that the 

merchandise has not been used in the United States before exportation. 

In addition, the notice shall provide the bill of lading number, if 

known, the name and telephone number, mailing address, and, if 

available, fax number and e-mail address of a contact person, and the 

location of the merchandise.

    (c) Decision to examine or to waive examination. Within two (2) 

working days after receipt of the Notice of Intent to Export, Destroy, 

or Return Merchandise for Purposes of Drawback (see paragraph (a) of 

this section), Customs will notify the party designated on the Notice in 

writing of Customs decision to either examine the merchandise to be 

exported, or to waive examination. If Customs timely notifies the 

designated party, in writing, of its decision to examine the merchandise 

(see paragraph (d) of this section), but the merchandise is exported 

without having been presented to Customs for examination, any drawback 

claim, or part thereof, based on the Notice of Intent to Export, 

Destroy, or Return Merchandise for Purposes of Drawback shall be denied. 

If Customs notifies the designated party, in writing, of its decision to 

waive examination of the merchandise, or, if timely notification of a 

decision by Customs to examine or to waive examination is absent, the 

merchandise may be exported without delay.

    (d) Time and place of examination. If Customs gives timely notice of 

its decision to examine the export merchandise, the merchandise to be 

examined shall be promptly presented to Customs. Customs shall examine 

the merchandise within five (5) working days after presentation of the 

merchandise. The merchandise may be exported without examination if 

Customs fails to timely examine the merchandise after presentation to 

Customs. If the examination is completed at a port other than the port 

of actual exportation, the merchandise shall be transported in-bond to 

the port of exportation.

    (e) Extent of examination. The appropriate Customs office may permit 

release of merchandise without examination, or may examine routinely (to 

the extent determined to be necessary) the items exported.