§1499 Examination of Merchandise

Summary

Imported goods cannot leave Customs custody until Customs has inspected, examined, or appraised them and confirmed they match the invoice and U.S. rules, unless they are released under a bond or other security to guarantee follow-up. Customs chooses which packages or amounts to open, may send them to places set by the Secretary, can require extra samples, and must inspect enough shipments to enforce the law. If an item in a package is not on the invoice and Customs thinks it was left off on purpose, the whole package can be seized. If it was an honest mistake, Customs will add the item's value to the entry and the importer must pay the duties and fees. Reported shortages in quantity, weight, or measure must be reported and will be allowed when duties are calculated. If Customs inspects, required release information must be given at the port, but lack of that information does not stop an inspection. Customs will set rules to accredit private U.S. labs to test imports. The rules will cover how labs get, keep, lose accreditation, and may include penalties up to $100,000 and reasonable accreditation fees. Customs can recover lost revenue only if a lab intentionally falsified results with the importer. A lab can challenge an adverse accreditation decision in the Court of International Trade within 60 days. At an importer’s cost, Customs will allow an accredited lab to test a representative sample and will accept those results if no Customs lab result exists and the importer certifies the sample came from the entry. Testing methods and results must be made available on request unless they are proprietary or were developed by Customs for enforcement. For detentions, Customs must decide to release or detain within 5 days (excluding weekends and holidays) after goods are presented. If detained, Customs must notify interested parties within 5 days after the detention decision and explain the reason, expected length, tests, and what information might speed release. Importers can request test results and descriptions unless proprietary or Customs-developed. Detained goods may be seized or forfeited if law allows. If Customs does not make a final admissibility decision within 30 days after presentation (or longer if law allows), that failure is treated as a decision to exclude the goods. If a court action is started about a detention, the court must grant appropriate relief, including canceling the detention and releasing the goods, unless Customs proves by a preponderance of the evidence that a decision has not been reached for good cause.