[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: 19CFR12.113]



[Page 308-309]

 

                        TITLE 19--CUSTOMS DUTIES

 

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

              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

 

PART 12_SPECIAL CLASSES OF MERCHANDISE--Table of Contents

 

Sec.  12.113  Arrival of shipment.



    (a) Notice of arrival presented. Upon the arrival of a shipment of 

pesticides or devices, the importer or his agent shall present to the 

director of the port of entry the Notice of Arrival completed by the 

Administrator and indicating the Customs action to be taken with respect 

to the shipment. The port director shall compare entry documents for the 

shipment of pesticides or



[[Page 309]]



devices with the Notice of Arrival and notify the Administrator of any 

discrepancies.

    (b) Notice of arrival not presented. When a shipment of pesticides 

or devices arrives in the United States without the presentation by the 

importer or his agent of the Notice of Arrival completed by the 

Administrator, the shipment shall be detained by the director of the 

importer's risk and expense until the completed Notice of Arrival is 

presented or until other disposition is ordered by the Administrator, 

but not to exceed a period of 30 days, or such extended period, not in 

excess of 30 additional days, as the port director for good cause may 

specially authorize. An application of the importer or his agent 

requesting an extension of the initial 30-day period shall be filed with 

the director of the port of entry.

    (c) Disposition of pesticides or devices remaining under detention. 

A shipment that remains detained or undisposed of due to failure of 

presentment of a completed Notice of Arrival or nonreceipt of an order 

of the Administrator as to its disposition shall be treated as a 

prohibited importation. The port director shall cause the destruction of 

any such shipment not exported by the consignee within 90 days after the 

expiration of the detention period specified or authorized pursuant to 

Sec.  12.113(b).



[T.D. 75-194, 40 FR 32322, Aug. 1, 1975]