Federal Register, Volume 75, Number 2, January 5, 2010, Pages 219-736 Page: 279
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Federal Register/Vol. 75, No. 2 / Tuesday, January 5, 2010/Proposed Rules
deposited obligation to satisfy any
damages, demand, or deficiency arising
from a default under the bond.
(d) Application to the satisfaction of
damages, demands or deficiencies-(1)
Matters subject to protest. When the
time to protest duties, fees, taxes,
charges or exactions as set forth in 19
U.S.C. 1514 expires and no timely
protest has been filed, or when a timely
protest is filed and is denied in whole
or in part, CBP may collect against the
cash deposit or obligation in lieu of
surety and take any and all necessary
steps to accomplish such collection.
(2) User fees. When the user fees
required to be collected are not remitted
to CBP in the time period prescribed by
law or regulation, CBP may collect
against the cash deposit or obligation in
lieu of surety and take any and all
necessary steps to accomplish such
collection.
(3) Matters subject to administrative
petition-(i) No timely petition. If no
petition has been filed by the day after
the expiration of the petitioning period
provided by regulation or specific
notice, CBP may collect against the cash
deposit or obligation in lieu of surety
and take any and all necessary steps to
accomplish such collection. CBP may
entertain untimely petitions and
supplemental petitions and, if relief is
granted and collection has been made,
CBP will return to the established cash
account the difference between the
amount collected and the amount
ultimately applied.
(ii) Timely petition. If CBP denies a
petition, CBP may collect immediately
against the cash deposit or obligation in
lieu of surety and take any and all
necessary steps to accomplish such
collection. If CBP grants relief, CBP will
return to the established cash account
the difference between the amount
posted and the amount ultimately
applied after petitioning, taking all steps
necessary to accomplish such
collection.
(4) No waiver of rights. Forbearance or
delay on the part of CBP in collection
after it acquires the right to do so
pursuant to the terms set forth in this
section will not constitute a waiver of
the Government's right to collect from
the cash deposits or obligations in lieu
of surety.
(e) Additional security. If, at any point
prior to the expiration of the one-year
maximum term for cash or obligations
in lieu of a bond, CBP determines that
the cash or obligations are not sufficient
security, CBP possesses the right to
require new, additional cash or
obligations to be posted in lieu of
surety. If new, additional cash orobligations are not timely posted, CBP
may as a matter of right take action to
prevent the party from continuing the
activity for which the initial cash or
obligations was posted. CBP will
continue to hold the initial cash or
obligations as a matter of right subject
to the provisions found in paragraph (f)
of this section.
(f) Return of cash or obligations and
setoff-(1) Tenure of holding. CBP will
hold cash and obligations until such
time as CBP is reasonably certain that
no circumstances will arise where CBP
will need to collect against it. When
CBP determines that it is reasonably
certain that no circumstances may arise
where it would need to collect against
the cash or obligations and that the cash
or obligations can be returned, CBP will,
pursuant to 24.72 of this chapter, set
off the cash or obligations against debt
owed to CBP.
(2) No interest to accrue on cash in
lieu of surety. Cash in lieu of surety does
not earn interest while CBP holds it, and
it may not be placed in an interest-
bearing account, not even a low-interest,
low-risk account, under any
circumstances.
(g) No limitation on an importer's
liability for duty and no effect on the
duration of that liability. An importer is
personally liable for duties, taxes, and
charges found due in connection with
an entry of merchandise. Furthermore,
there is no statute of limitations
governing an importer's liability for
such duties, taxes, and charges. The fact
that an importer posts cash or
obligations in lieu of a bond does not
alter or affect the two legal facts just
described.
113.41 [Amended]
30. Section 113.41 is amended by:
removing the word "shall" and adding
in its place the word "must"; and
removing the word "Customs" and
adding in its place the term "CBP".
113.42 [Amended]
31. Section 113.42 is amended by:
removing from the first sentence the
word "shall" and adding in its place the
word "must"; removing the word
"Customs" and adding in its place the
term "CBP"; removing the reference to
" 133.43(a)" and adding in its place a
reference to " 113.43(a)"; and removing
in the second sentence the word "shall"
and adding in its place the word "will".
113.43 [Amended]
32. In 113.43:
a. Paragraph (a) is amended by
removing the words "of 2 months" and
adding in their place the words "not to
exceed 60 days";
b. Paragraph (b) is amended by:removing the word "shall" each place
that it appears and adding the word
"will"; and removing the words "2
months" each place that they appear
and adding the words "60 days"; and
c. Paragraph (c) is amended by
removing the word "shall" each place
that it appears and adding the word
"will".
113.44 [Amended]
33. In 113.44, paragraph (b) is
amended by removing the word "shall"
and adding in its place the word
"must".
113.45 [Amended]
34. Section 113.45 is amended by:
removing the word "shall" and adding
in its place the word "must"; and
removing the word "entry" each place
that it appears and adding the word
"transaction".
113.51 [Amended]
35. Section 113.51 is amended by
removing the word "Customs" and
adding in its place the term "CBP".
113.52 [Amended]
36. Section 113.52 is amended by:
removing the word "Customs" and
adding in its place the term "CBP";
removing the symbols " " and adding
in their place the symbol " "; removing
the words "is unsatisfied" and adding
in their place the words "has not been
satisfied"; and removing the word
"shall" and adding in its place the word
"will".
113.53 [Amended]
37. In 113.53:
a. The section heading is amended by
removing the word "Customs" and
adding in its place the term "CBP";
b. Paragraph (a) is amended by:
removing in the paragraph heading the
word "Customs" and adding in its place
the term "CBP"; removing in the
introductory text the word "Customs"
each place that it appears and adding
the term "CBP"; and adding in
paragraph (a)(3) after the word
"Commissioner" the words "of CBP";
and
c. Paragraph (b) is amended by:
adding in the paragraph heading, after
the word "director", the words "or other
authorized CBP officer"; removing, in
the text, the word "Customs" and
adding in its place the term "CBP";
adding after the word "director" the
words "or other authorized CBP
officer"; and removing the word "shall"
and adding in its place the word "will".
113.55 [Amended]
38. In 113.55:
a. Paragraph (c) is amended by:removing in the introductory text the
279
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United States. Office of the Federal Register. Federal Register, Volume 75, Number 2, January 5, 2010, Pages 219-736, periodical, January 5, 2010; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc52585/m1/69/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.