(Surety name and number) (Secs. 450, 499, 623, 46 Stat. 715, as amended, 728, as amended, 759, as amended; 19 U.S.C. 1450, 1499, 1623) 19.41 Movement of containerized cargo to a container station. --Containerized TD 72-68. cargo may be moved from the place of unlading to a designated container station prior to the filing of an entry therefor or the permitting thereof (see section 15.8 of this chapter) for the purpose of breaking bulk and redelivery of the cargo. (Sec. 499, 46 Stat. 728, as amended; 19 U.S.C. 1499) 19.42 Application for transfer of merchandise.-- The container station TD 72-68, operator may file an application for the transfer of a container intact to the station. The application shall be in duplicate in the following or substantially similar format: BUREAU OF CUSTOMS APPLICATION AND PERMIT TO TRANSFER CONTAINERIZED CARGO TO A Date Application is made to transfer the containers and their contents listed below which arrived on on at Pier An abstract of the carrier's manifest covering the containers by B/L No., marks, numbers, contents, consignee, etc., is attached hereto. TD 72-68. TD 72-68. TDS 72-68, 74-54. TD 72-68. TD 72-68. TDs 72-68, 73-286. 19.43 Filing of application.-- The application, listing the containers by marks and numbers, may be filed at the customhouse or with the discharging inspector at the place where the container is unladen, as designated by the district director. (Sec. 499, 46 Stat. 728, as amended; 19 U.S.C. 1499.) 19.44 Importing carrier concurrence.--The importing carrier (who, with the operator, remains jointly and severally liable for the proper delivery of the merchandise until it is permitted in accordance with section 15.8 of this chapter) shall indicate its concurrence in the transfer of the merchandise either by signing the application for transfer or by physically turning the merchandise over to the operator. The importing carrier shall furnish an abstract manifest showing the bill of lading number, the marks and numbers of the container, and the usual manifest description for each shipment in the container. The importing carrier will be responsible for ascertaining that the person to whom a container is delivered for transfer to the container station is an authorized representative of the operator. (Sec. 448, 46 Stat. 714, as amended; 19 U.S.C. 1448,) 19.45 Transfer of merchandise, approval and method.--Approval of the application by the district director shall serve as a permit to transfer the container and its contents to the station. Except when the container station operator is moving the merchandise to his own station by his own vehicle, the merchandise may only be transferred to a container station by a bonded cartman or bonded carrier. The station operator, cartman or carrier shall receipt for the merchandise on both copies of the application. (Secs. 551, 565, 46 Stat. 742, as amended, 747 as amended; 19 U.S.C. 1551, 1565) 19.46 Employee lists.--A permit shall not be granted to an operator to transfer a container or containers to a container station, if the operator, within 30 calendar days after the date of receipt of a written demand by the district director, does not furnish a written list of names, addresses, social security numbers, and dates and places of birth of persons employed by him in connection with the movement, receipt, storage or delivery of imported merchandise. Having furnished such a list, no new permit shall be issued to an operator who has not within 10 calendar days after the employment of any new personnel employed in connection with the movement, receipt, storage, or delivery of imported merchandise advised the district director in writing of the names, addresses, social security numbers, and dates and places of birth of such new employees. The operator shall, within 10 calendar days, advise the district director if the employment of any employee is terminated. A person shall not be deemed to be employed by an operator if he is an officer or employee of an independent contractor engaged by the operator to move, receive, store, deliver, or otherwise handle imported merchandise. (Sec. 624, 46 Stat 759; 19 U.S.C. 1624) 19.47 Security.--The space to be used for the purposes of breaking bulk and delivering cargo shall be properly secured against access by unauthorized persons, including persons not on the list of current employees furnished to the district director by the container station operator, the principal on the bond, as required by section 19.46. A suitable working and office space for the use of Customs officers and employees performing functions in the area shall also be provided. (Sec. 624, 46 Stat. 759; 19 U.S.C. 1624) 19.48 Suspension or revocation of the privilege of operating a container station; hearings.--(a) Grounds for suspension or revocation. The district 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 a felony, or is convicted of a misdemeanor involving theft, smuggling, or a theftconnected crime; CR-400 (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 section 19.46; or (7) the bond required by section 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 district 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 station operator unless he shall file with the district 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 district 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 district 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 this 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 district director. Such decision shall be transmitted to the district director and served by him on the container station operator. (Sec. 624, 46 Stat. 759; 19 U.S.C. 1624) 19.49 Entry of containerized merchandise.--Merchandise not entered within TD 72-68. the lay order period, or extension thereof, shall be placed in general order. The importing carrier shall issue carrier's certificates for individual shipments in a container. Entries covering merchandise transferred to a container station shall clearly show that the merchandise is at the container station. (Sec. 484, 46 Stat. 722, as amended; 19 U.S.C. 1484) CR-400-A |