(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 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) a 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 Part 20.--DISPOSITION OF UNCLAIMED AND ABANDONED MERCHANDISE-- Abolished; Incorporated into new Part 127 (TD 74-114) Pages CR-401 thru CR-405 Deleted. 22.1 Part 22.--DRAWBACK ARTICLES MANUFACTURED OR PRODUCED WHOLLY MERCHANDISE Sec. IN THE UNITED STATES MERCHANDISE EXPORTED FROM CONTINUOUS CUSTOMS CUSTODY 22.27 Drawback allowed. REJECTED MERCHANDISE Sec. tainment of quantities for allowance of drawback; establishment of drawback rates. 22.5 Identification of imported merchandise and ascer tainment of quantities for allowance of drawback when substituted merchandise is used. 22.6 General drawback rates in effect; approval of draw back statements by Headquarters, U.S. Customs Service and by regional commissioners, 22.7 Evidence of exportation, 22.8 Notice of exportation; mail shipments, 22.9 Evidence of exportation; Government shipments. 22.10 Numbering notices of exportation for mail or Government shipments. 22.11 Amendment of notices of exportation. 22.12 Examination of merchandise. 22.13 Completion of drawback claims, 22.14 Deleted 68-203. 22.15 Certificates of delivery of imported merchandise. 22.16 Certificates of manufacture and delivery: manu factured or partly manufactured articles. 22.17 Landing certificates. 22.18 Supplies for certain vessels and aircraft, 22.19 Meats cured with imported salt. 22.20 Liquidation of drawback entries. 22,20a Accelerated payment of drawback claims, 22.21 To whom payable, FLAVORING EXTRACTS AND MEDICINAL OR TOILET PREPARATIONS (INCLUDING PERFUMERY) MANUFACTURED FROM DOMESTIC TAX-PAID ALCOHOL 22.31 Drawback allowance. ex pense; time limit for exportation MERCHANDISE TRANSFERRED TO A FOREIGN-TRADE ZONE FROM CUSTOMS TERRITORY 22.36 Drawback allowance. States. from continuous Customs custody. GENERAL REGULATIONS APPLICABLE TO ALL DRAWBACK CLAIMS 22.22 Drawback allowance, such certificates. 22.41 Duties subject to drawback. Authority: Sections 22.1 to 22.46 issued under secs. 313, 624, 46 Stat. 693, as amended, 759; 19 U.S.C. 1313, 1624. Statutory provisions inter- text in parentheses. IMPORTED OR SUBSTITUTED MERCHANDISE 22.1 Drawback allowance.--Drawback of duties shall be allowed as provided TDs 52417.52826. for in section 313, Tariff Act of 1930, as amended, ' on articles manufactured or 52894,54231,54750. produced in the United States wholly or in part with the use of imported or substituted merchandise, on meats cured with imported salt, and on vessels and aircraft built and equipped in the United States for foreign account and ownership, 'subject to compliance with the regulations in this part. 1 "(a) ARTICLES MADE FROM IMPORTED MERCHANDISE. -- Upon the exportation of articles manufactured or produced in the United States with the use of imported merchandise, the full amount of the duties paid upon the merchandise so used shall be refunded as drawback, less 1 per centum of such duties, except that such duties shall not be so refunded upon the exportation of flour or by-products produced from wheat imported after ninety days after the date of the enactment of this act, (b) SUBSTITUTION FOR DRAWBACK PURPOSES.-- If imported duty-paid merchandise and duty free or domestic merchandise of the same kind and quality are used in the manufacture or production of articles within a period not to exceed three years from the receipt of such imported merchandise by the manufacturer or producer of such articles, there shall be allowed upon the exportation of any such articles, notwithstanding the fact that none of the imported merchandise may actually have been used in the manufacture or production of the exported articles, an amount of drawback equal to that which would have been allowable had the merchandise used therein been imported; but the total amount of drawback allowed upon the exportation of such articles, together with the total amount of drawback allowed in respect of such (Footnote 1 continued on page CR-412) CR-411 |