§81r — Title 19 Customs Duties | U.S. Code

Summary

The Board can cancel a grantee’s grant after repeated intentional violations. It must give the grantee four months’ notice and let the grantee present a defense. The Board will write down the hearing testimony and keep it with its decision. During the revocation process the Board can force witnesses to attend, make them testify, and require documents, and it can ask federal district courts for help. A revocation order is final unless the grantee files an appeal in the court of appeals for the circuit where the zone is located within ninety days. The order is paused while the appeal goes forward. When an appeal is filed, the court clerk sends a copy to the Board and the Board files its record and certified testimony for the court to review.

Title 19, §81r

Customs Duties — Source: USLM XML via OLRC

(a)In the event of repeated willful violations of any of the provisions of this chapter by the grantee, the Board may revoke the grant after four months’ notice to the grantee and affording it an opportunity to be heard. The testimony taken before the Board shall be reduced to writing and filed in the records of the Board together with the decision reached thereon.

(b)In the conduct of any proceeding under this section for the revocation of a grant the Board may compel the attendance of witnesses and the giving of testimony and the production of documentary evidence, and for such purpose may invoke the aid of the district courts of the United States.

(c)An order under the provisions of this section revoking the grant issued by the Board shall be final and conclusive, unless within ninety days after its service the grantee appeals to the court of appeals for the circuit in which the zone is located by filing with the clerk of said court a written petition praying that the order of the Board be set aside. Such order shall be stayed pending the disposition of appellate proceedings by the court. The clerk of the court in which such a petition is filed shall immediately cause a copy thereof to be delivered to the Board and it shall thereupon file in the court the record in the proceedings held before it under this section, as provided in section 2112 of title 28. The testimony and evidence taken or submitted before the Board, duly certified and filed as a part of the record, shall be considered by the court as the evidence in the case.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1958—Subsec. (c). Pub. L. 85–791 substituted “thereupon file in the court” for “forthwith prepare, certify, and file in the court a full and accurate transcript of” and “as provided in section 2112 of title 28” for “the charges, the evidence, and the order revoking the grant” in third sentence.

Statutory Notes and Related Subsidiaries

Change of Name

Act

June 25, 1948, eff. Sept. 1, 1948, as amended by act

May 24, 1949, substituted “court of appeals” for “circuit court of appeals”.

§81r Revocation of Grants