§1499 Examination of Merchandise

Summary

Customs must not let in imported goods that need inspection until they are checked and shown to match the invoice and follow U.S. rules, unless the Secretary allows temporary release under a bond or other security. Customs picks which packages to open, can move them to designated places for checking, may ask for more samples, and must inspect enough shipments to enforce the rules. If an item is found that was not listed on the invoice and Customs thinks it was left off on purpose, the whole package can be seized. If it was left off by mistake, Customs will add its value to the entry and charge the proper duties. Shortages in count, weight, or measure must be reported and will be allowed for when duties are figured. Any information needed for release must be given to Customs at the port, but not giving it does not stop Customs from examining the goods. Customs must set up rules to approve private U.S. labs to do tests that Customs would otherwise do. The rules must say how labs get and keep approval, and how approval can be suspended or revoked. A monetary penalty up to $100,000 may be imposed and Customs may recover lost revenue only if a lab or gauger intentionally falsified results in collusion with the importer; no penalties or revenue recovery for a good-faith professional disagreement. Labs may be charged reasonable accreditation fees. A lab can challenge a denial, suspension, revocation, or penalty in the Court of International Trade within 60 days. Importers can ask for a sample to be released for testing by an approved lab at their cost, and Customs will accept those test results if no Customs lab results exist and the importer certifies the sample came from the entry. Customs can still test independently. Testing methods and results must be shared on request unless they are proprietary or were developed by Customs for enforcement. For goods where Customs decides admissibility, Customs must decide to release or detain within 5 days (excluding weekends and holidays) after presentation. If detained, Customs must notify the interested party within 5 days (excluding weekends and holidays) after the detention decision, explain why, how long it is expected to last, what tests or inquiries will be done, and what information could speed release. On request, Customs must give test results and enough method detail to allow replication unless proprietary or enforcement-related. Detained goods may be seized or forfeited if the law allows. If Customs does not make a final admissibility decision within 30 days after presentation (or longer if allowed by law), that failure is treated as a decision to exclude the goods for purposes of the law. If a court action about a detention begins, the court must grant relief, including canceling the detention and releasing the goods, unless Customs proves by a preponderance of the evidence that the delay had good cause.