[Title 19 CFR D]
[Code of Federal Regulations (annual edition) - April 1, 2002 Edition]
[Title 19 - CUSTOMS DUTIES]
[Chapter I - UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY]
[Part 158 - RELIEF FROM DUTIES ON MERCHANDISE LOST, DAMAGED, ABANDONED, OR EXPORTED]
[Subpart D - Destroyed, Abandoned, or Exported Merchandise]
[From the U.S. Government Printing Office]


19CUSTOMS DUTIES22002-04-012002-04-01falseDSubpart DCUSTOMS DUTIESUNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURYRELIEF FROM DUTIES ON MERCHANDISE LOST, DAMAGED, ABANDONED, OR EXPORTED
        Subpart D--Destroyed, Abandoned, or Exported Merchandise



Sec. 158.41  Destruction of prohibited merchandise.

    Merchandise regularly entered or withdrawn for consumption in good 
faith and denied admission into the United States by any Government 
agency after its release from Customs custody, pursuant to a law or 
regulation in force on the date of entry or withdrawal for consumption, 
may be destroyed under Government supervision. In such case, the 
destroyed merchandise is exempt from duty and any duties collected 
thereon shall be refunded. In lieu of destruction, the merchandise may 
be exported under Customs supervision in accordance with Sec. 158.45(c).

(Sec. 558(a), 46 Stat. 744, as amended; 19 U.S.C. 1558(a))



Sec. 158.42  Abandonment by importer within 30 days after entry.

    Allowance in duties for merchandise abandoned to the Government in 
accordance with section 506(1), Tariff Act of 1930, as amended (19 
U.S.C. 1506(1)), shall be subject to the following conditions:
    (a) Minimum quantity to be abandoned. The merchandise being 
abandoned shall represent 5 percent or more of the total value of all 
the merchandise of the same class or kind entered in the invoice in 
which the merchandise being abandoned appears.
    (b) Application within 30 days. The importer shall file written 
notice of abandonment with the director of the port where the entry was 
filed within 30 days after the date of entry, or, in the case of 
examination packages, within 30 days after release, whether or not 
delivery is taken by the importer immediately after entry or release as 
the case may be.
    (c) Delivery of merchandise. Within the 30-day period set forth in 
paragraph (b) of this section, the importer shall deliver the abandoned 
merchandise to such place as the port director specifies, unless the 
port director is satisfied that the merchandise is so far destroyed as 
to be nondeliverable.
    (d) Identification of merchandise. The importer shall identify the 
abandoned merchandise with that described in the invoice used in making 
entry to the satisfaction of the port director, who shall make such 
examination as may be necessary to verify such identification.
    (e) Segregation and repacking. When repacking is necessary to 
segregate the abandoned merchandise from the remainder of the shipment, 
such repacking shall be done at the expense of the importer and under 
Customs supervision.

(Sec. 506, 46 Stat. 732, as amended; 19 U.S.C. 1506)



Sec. 158.43  Abandonment or destruction of merchandise in bond.

    Allowance in duties for merchandise entered under bond destroyed 
under section 557(c), Tariff Act of 1930, as amended (19 U.S.C. 
1557(c)), or for merchandise in bonded warehouse abandoned to the 
Government under section 563(b), Tariff Act of 1930, as amended (19 
U.S.C. 1563(b)), shall be subject to the following conditions:
    (a) Application by importer. The importer shall file an application 
for abandonment or destruction of merchandise in bond with the port 
director on Customs From 3499, with the title modified to read 
``Application and Permit to Abandon (or Destroy) Goods in Bond.'' When 
an application is for permission to destroy, the proposed method of 
destruction shall be stated in the application and be subject to the 
approval of the port director.
    (b) Concurrence of warehouse proprietor. An application to abandon 
or destroy warehoused merchandise shall not be approved unless concurred 
in by the warehouse proprietor.
    (c) Abandonment--(1) Costs. When in the opinion of the port director 
the abandonment of merchandise under section 563(b), Tariff Act of 1930, 
as amended (19 U.S.C. 1563(b)), will involve any expense or cost to the 
Government, or if the merchandise is worthless or unsalable, or cannot 
be sold for a sum sufficient to pay the expenses of sale, such 
abandonment shall not be permitted unless the importer deposits a sum 
which in the opinion of the port director will be sufficient to save the

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Government harmless from any expense or cost resulting from such 
abandonment. The sum so advanced shall be placed in a special deposit 
account and expended to cover the cost of destruction or to meet any 
deficit should the merchandise be sold and the proceeds of sale be less 
than the expenses of such sale. After meeting such expenses or deficit, 
any balance remaining shall be refunded to the importer. However, the 
applicant may elect to destroy such merchandise under Customs 
supervision pursuant to the provisions of section 557(c), Tariff Act of 
1930, as amended (19 U.S.C. 1557(c)).
    (2) Time period. The importer may abandon his warehoused merchandise 
voluntarily to the Government within 3 years from the date of 
importation.
    (d) Destruction--(1) Costs. Destruction of merchandise under section 
557(c), Tariff Act of 1930, as amended (19 U.S.C. 1557(c)), shall be at 
the expense of the importer.
    (2) Time period. The importer may request destruction of his 
warehoused merchandise within 5 years from the date of importation.
    (e) Action by port director. When the conditions set forth in 
paragraphs (a) through (d) of this section are met, the port director 
may grant applications and make an allowance in duties for the 
merchandise abandoned or destroyed. In any case where doubt exists, the 
matter shall be referred to the Commissioner of Customs.

(Secs. 557, 563, 46 Stat. 744, as amended, 746, as amended; 19 U.S.C. 
1557, 1563)

[T.D. 72-258, 37 FR 20171, Sept. 27, 1972, as amended by T.D. 79-221, 44 
FR 46829, Aug. 9, 1979]



Sec. 158.44  Disposition of abandoned merchandise.

    (a) General conditions. The disposition of merchandise abandoned to 
the Government pursuant to Sec. 158.42 or Sec. 158.43, and not retained 
for official use, shall be governed by the regulations of the General 
Services Administration applicable to the United States Customs Service.
    (b) Sale of merchandise. If the merchandise is cleared for sale, it 
shall be sold in accordance with the applicable provisions of part 127 
of this chapter, unless it is worthless or it appears probable that the 
expenses of sale will exceed the proceeds. If the merchandise is sold, 
no part of the proceeds shall be returned to the importer.
    (c) Disposition of worthless merchandise. If the merchandise or any 
part thereof is worthless or it appears probable that the expenses of 
its sale will exceed the proceeds, it shall be destroyed or otherwise 
disposed of as the port director shall specify. The port director shall 
insure that such merchandise is destroyed or removed from the control of 
the importer to avoid the possibility of any part of the same 
merchandise being made the subject of another application.

(Secs. 506(1), 563(b), 46 Stat. 732, as amended, 746, as amended; 19 
U.S.C. 1506(1), 1563(b) R.S. 251, as amended, sec. 624, 46 Stat. 759 (19 
U.S.C. 66, 1624))

[T.D. 72-258, 37 FR 20171, Sept. 27, 1972, as amended by T.D. 77-12, 41 
FR 56629, Dec. 29, 1976]



Sec. 158.45  Exportation of merchandise.

    (a) From continuous Customs custody. Merchandise in Customs custody 
for which entry has not been completed and merchandise which has 
remained in continuous Customs custody that is covered by a liquidated 
or unliquidated consumption entry may be exported under Customs 
supervision in accordance with Secs. 18.25 through 18.27 of this 
chapter, with refund of any duties that have been paid.
    (b) After release from Customs custody. Except as provided for in 
paragraphs (c) and (d) of this section, no refund or other allowance in 
duties shall be made because of the exportation of merchandise after its 
release from Customs custody unless a drawback of duties is expressly 
provided for by law (see part 191 of this chapter).
    (c) Prohibited merchandise. If merchandise has been regularly 
entered or withdrawn for consumption in good faith and is thereafter 
found to be prohibited entry under any law of the United States, it may 
be exported under Customs supervision in accordance with Secs. 18.25 
through 18.27 of this chapter, with refund of any duties that have been 
paid. In lieu of exportation, the merchandise may be destroyed in 
accordance with Sec. 158.41.

[[Page 223]]

    (d) Not legally marked merchandise. When merchandise found to be not 
legally marked is exported or destroyed under Customs supervision after 
once having been released from Customs custody, as provided for in 
section 304(f), Tariff Act of 1930, as amended (19 U.S.C. 1304(f)), such 
exportation or destruction shall not exempt such merchandise from the 
payment of duties other than the marking duties.

(Sec. 558, 46 Stat. 744, as amended; 19 U.S.C. 1558; R.S. 251, as 
amended, sec. 624, 46 Stat. 759 (19 U.S.C. 66, 1624))

[T.D. 72-258, 37 FR 20171, Sept. 27, 1972, as amended by T.D. 83-212, 48 
FR 46771, Oct. 14, 1983; T.D. 90-51, 55 FR 28191, July 10, 1990]