PART 151—EXAMINATION, SAMPLING, AND TESTING OF MERCHANDISE Authority: 19 U.S.C. 66, 1202 (General Note 3(i) and (j), Harmonized Tariff Schedule of the United States (HTSUS)), 1624; Section 151.11 also issued under 21 U.S.C. 381; Section 151.21 also issued under the provisions of Chapters 17 and 18, HTSUS; Section 151.42 also issued under 19 U.S.C. 1460, 1584, 1592; Section 151.43 also issued under 19 U.S.C. 1592; Section 151.46 also issued under 19 U.S.C. 1507; Section 151.62 also issued under 19 U.S.C. 1481; Section 151.63 also issued under 19 U.S.C. 1484; Section 151.66 also issued under 19 U.S.C. 1562; Section 151.68 also issued under 19 U.S.C. 1311, 1562; Section 151.69 also issued under 19 U.S.C. 1557, 1562; Section 151.82 also issued under 19 U.S.C. 1481; Section 151.91 also issued under the Additional U.S. Notes to Chapter 20, HTSUS. Source: T.D. 73-175, 38 FR 17470, July 2, 1973, unless otherwise noted. Editorial Note: Nomenclature changes to part 151 appear by CBP Dec. No. 16-26, 81 FR 93021, Dec. 20, 2016. § 151.0 Scope. This part sets forth general provisions governing the examination and sampling of imported merchandise, as well as specific provisions governing the examination, sampling, and testing of certain particular types of merchandise. Subpart A—General § 151.1 Merchandise to be examined. The port director shall examine such packages or quantities of merchandise as he deems necessary for the determination of duties and for compliance with the Customs laws and any other laws enforced by the Customs Service. [T.D. 81-240, 46 FR 45130, Sept. 10, 1981] § 151.2 Quantities to be examined. (a)(1) Minimum quantities. (i) Imported in packages the contents and values of which are uniform, or (ii) Imported in packages the contents of which are identical as to character although differing as to quantity and value per package. (2) Exceptions to minimum quantities. [T.D. 81-240, 46 FR 45130, Sept. 10, 1981] § 151.3 Disclosure of examination packages. Information as to the particular packages which will be examined shall not be made available to the importer, his agent, or any person other than Customs officers necessarily concerned, until the merchandise has arrived within the limits of the port of entry. § 151.4 Time of examination. Imported merchandise shall not be opened, examined, or inspected until it has been entered under some form of entry for consumption or warehouse, except in the following cases: (a) Official Government examination and sampling. (b) Perishable merchandise, benzenoid chemicals, and merchandise received without an invoice. (1) Examination of perishable merchandise is desired solely to determine its condition. This is not limited to a single examination, and there is no objection to incidental display to prospective buyers during the examination. (2) [Reserved] (3) The importer has been unable to obtain the required documents or information to make the necessary entry, and examination of the merchandise is required to obtain information for the preparation of a pro forma invoice to be used in making entry. (c) Examination of merchandise entered for transportation under bond or for exportation Examination, sampling, weighing or emergency operation. (2) Nonemergency operation. [T.D. 73-175, 38 FR 17470, July 2, 1973, as amended by T.D. 95-99, 60 FR 62733, Dec. 7, 1995; T.D. 97-82, 62 FR 51771, Oct. 3, 1997] § 151.5 Conditions for examination prior to entry. Examination, sampling, weighing, or operation upon merchandise at the importer's request prior to entry for consumption or warehouse, as provided for in § 151.4 (b) and (c), shall be subject to the following conditions: (a) The operation permitted shall be executed under Customs supervision; (b) If the merchandise is in possession or joint possession of a carrier or container station operator, the concurrence of such carrier or operator shall be obtained; and (c) The Government shall be reimbursed for the compensation, computed in accordance with § 24.17(d) of this chapter, and other expenses of the Customs officer or employee supervising the action permitted. [T.D. 73-175, 38 FR 17470, July 2, 1973, as amended by T.D. 95-99, 60 FR 62733, Dec. 7, 1995] § 151.6 Place of examination. All merchandise will be examined at the place of arrival, unless examination at another place is required or authorized by the port director in accordance with § 151.7 or § 151.15 of this part. Except where the merchandise is required by the port director to be examined at the public stores, the importer shall bear any expense involved in preparing the merchandise for Customs examination and in the closing of packages. [T.D. 84-152, 49 FR 29374, July 20, 1984, as amended by T.D. 93-6, 58 FR 5606, Jan. 22, 1993] § 151.7 Examination elsewhere than at place of arrival or public stores. The port director may require or authorize examination at a place other than the place of arrival or the public stores, such as at the importer's premises or at a centralized examination station under § 151.15 of this part. If examination at a place other than at the place of arrival or the public stores is authorized it will be subject to the following conditions: (a) Sealing of packages. (b) Preparation for Customs examination and closing of packages. (c) Reimbursement of expenses outside port limits. (d) Bond for removal from Customs custody. [T.D. 73-175, 38 FR 17470, July 2, 1973, as amended by T.D. 84-152, 49 FR 29374, July 20, 1984; T.D. 84-213, 49 FR 41186, Oct. 19, 1984; T.D. 93-6, 58 FR 5606, Jan. 22, 1993] § 151.8 Examination after assembly. (a) Application by importer. (b) Conditions applicable. (c) Removal of merchandise and notification of assembly. § 151.9 Immediate transportation entry delivered outside port limits. When merchandise covered by an immediate transportation entry has been authorized by the port director to be delivered to a place outside a port of entry as provided for in § 18.11(a) of this chapter, the provisions of § 151.7 must be complied with to the same extent as if the merchandise had been delivered to the port of entry, and then authorized to be examined elsewhere than at the public stores, wharf, or other place under the control of CBP. [CBP Dec. 17-13, 82 FR 45407, Sept. 28, 2017] § 151.10 Sampling. When necessary, an authorized CBP official may obtain samples of merchandise for appraisement, classification, or other official purposes. Samples shall be taken by Customs or a commercial gauger approved in accordance with § 151.13. Samples shall be marked to ensure identification and retained according to established policies. [T.D. 87-39, 52 FR 9787, Mar. 26, 1987] § 151.11 Request for samples or additional examination packages after release of merchandise. If an authorized CBP official requires samples or additional examination packages of merchandise which has been released from CBP custody, an authorized CBP official will send the importer a written request, on Customs Form 28, or its electronic equivalent, Request for Information, or other appropriate form, to submit the necessary samples or packages. If the request is not promptly complied with, an authorized CBP official may make a demand under the bond for the return of the necessary merchandise to CBP custody in accordance with § 141.113 of this chapter. For purposes of determining admissibility, representatives of the Food and Drug Administration may obtain samples of any food, drug, device, or cosmetic, the importation of which is governed by section 801 of the Federal Food, Drug, and Cosmetic Act, as amended (21 U.S.C. 381). [T.D. 73-175, 38 FR 17470, July 2, 1973, as amended by T.D. 75-152, 40 FR 27444, June 30, 1975; T.D. 84-213, 49 FR 41186, Oct. 19, 1984; CBP Dec. 07-02, 72 FR 4430, Jan. 31, 2007; CBP Dec. 15-14, 80 FR 61291, Oct. 13, 2015] § 151.12 Accreditation of commercial laboratories. This section sets forth the requirements for commercial laboratories to obtain accreditation by CBP for the testing of certain commodities, and explains the operation of such accredited laboratories. This section also provides for the imposition of accreditation and reaccreditation fees, sets forth grounds for the suspension and revocation of accreditation, and provides for the imposition of a monetary penalty for an accredited commercial laboratory that fails to adhere to the provisions of this section. (a) Definitions. Analysis record. Assistant Commissioner. Check samples. Commodity Group Brochure. www.cbp.gov. Executive Director. (b) What is a “Customs-accredited laboratory”? i.e., (c) What are the obligations of a Customs-accredited laboratory? (1) To comply with the requirements of part 151, Customs Regulations (19 CFR part 151), and to conduct professional services in conformance with approved standards and procedures, including procedures which may be required by the Commissioner of Customs or the Executive Director; (2) To have no interest in or other connection with any business or other activity which might affect the unbiased performance of duties as a Customs-accredited laboratory. It is understood that this does not prohibit acceptance of the usual fees for professional services; (3) To maintain the ability, i.e., (4) To retain those laboratory records beyond the five-year record-retention period and samples (see paragraph (j)(1) of this section) specified by Customs as necessary to address matters concerned in pending litigation, and, if laboratory operations or accreditation cease, to contact Customs immediately regarding the disposition of records/samples retained; (5) To promptly investigate any circumstance which might affect the accuracy of work performed as an accredited laboratory, to correct the situation immediately, and to notify the port director, the Executive Director, and the Center director of such matters, their consequences, and any corrective action taken or that needs to be taken; and (6) To immediately notify the port director, the Executive Director, and the Center director of any attempt to impede, influence, or coerce laboratory personnel in the performance of their duties, or of any decision to terminate laboratory operations or accredited status. Further, within 5 days of any changes involving legal name, address, ownership, parent-subsidiary relationships, bond, other offices or sites, or approved signatories to notify the Executive Director by certified mail. (d) What are the commodity groups for which accreditation may be sought? (2) The commodity groups for which accreditation may be sought without special permission from the Executive Director are: (i) Dairy and Chocolate Products entered under Chapters 4, 18, and 21 of the Harmonized Tariff Schedule of the United States (HTSUS); (ii) Food and Food Products entered under Chapters 7-12, 15, 16, and 19-21, HTSUS; (iii) Botanical Identification—materials and products entered under Chapters 14 and 44-46, HTSUS; (iv) Sugar, Sugar Syrups, and Confectionery products entered under Chapter 17, HTSUS; (v) Spirituous Beverages entered under Chapter 22, HTSUS; (vi) Building Stone, Ceramics, Glassware, and Other Mineral Substances entered under Chapters 25 and 68-70, HTSUS; (vii) Inorganic Materials, including Inorganic Compounds and Ores, entered under Chapters 26, 28, 31, and 36-38, HTSUS; (viii) Petroleum and Petroleum Products entered under Chapters 27 and 29, HTSUS; (ix) Organic Materials, including Intermediates and Pharmaceuticals, entered under Chapters 29, 30, 34, 35, and 38, HTSUS; (x) Rubber, Plastics, Polymers, Pigments and Paints entered under Chapters 32, 39, and 40, HTSUS; (xi) Essential Oils and Perfumes entered under Chapter 33, HTSUS; (xii) Leather and Articles of Leather entered under Chapters 41 and 42, HTSUS; (xiii) Paper and Paper Products entered under Chapters 47-49, HTSUS; (xiv) Textiles and Related Products, including footwear and hats, entered under Chapters 50-67, HTSUS; and, (xv) Metals and Alloys entered under Chapters 72-83, HTSUS. (e) What are the approved methods of analysis? (f) How would a commercial laboratory become a Customs-accredited laboratory? What should an application contain? (i) The applicant's legal name and the address of its principal place of business and any other facility out of which it will work; (ii) Detailed statements of ownership and any partnerships, parent-subsidiary relationships, or affiliations with any other domestic or foreign organizations, including, but not limited to, importers, other commercial laboratories, producers, refiners, Customs brokers, or carriers; (iii) A statement of financial condition; (iv) If a corporation, a copy of the articles of incorporation and the names of all officers and directors; (v) The names, titles, and qualifications of each person who will be authorized to sign or approve analysis reports on behalf of the commercial laboratory; (vi) A complete description of the applicant's facilities, instruments, and equipment; (vii) An express agreement that if notified by Customs of pending accreditation to execute a bond in accordance with part 113, Customs Regulations (19 CFR part 113), and submit it to the Customs port nearest to the applicant's main office. (The limits of liability on the bond will be established by the Customs port in consultation with the Executive Director. In order to retain Customs accreditation, the laboratory must maintain an adequate bond, as determined by the port director); (viii) A listing of each commodity group for which accreditation is being sought and, if methods are being submitted for approval which are not specifically provided for in a Commodity Group Brochure and the U.S. Customs Laboratory Methods Manual, a listing of such methods; (ix) A listing by commodity group of each method according to its Customs Laboratory Method Number for which the laboratory is seeking accreditation; (x) An express agreement to be bound by the obligations contained in paragraph (c) of this section; and, (xi) A nonrefundable pre-payment equal to 50 percent of the fixed accreditation fee, as published in the Federal Register i.e. (2) Where should an application be sent? (3) How will an application be reviewed? Physical plant and management system. (ii) Ability to perform tests on specified commodity groups. (iii) Determination of competence. (iv) Evaluation of technical and operational requirements. (A) Equipment. (B) Facilities. (C) Personnel. (g) How will an applicant be notified concerning accreditation? Notice of accreditation or nonselection. Federal Register (2) Grounds for nonselection. (i) The application contains false or misleading information concerning a material fact; (ii) The laboratory, a principal of the laboratory, or a person the Executive Director determines is exercising substantial ownership or control over the laboratory operation is indicted for, convicted of, or has committed acts which would: (A) Under United States federal or state law, constitute a felony or misdemeanor involving misstatements, fraud, or a theft-related offense; or (B) Reflect adversely on the business integrity of the applicant; (iii) A determination is made that the laboratory-applicant does not possess the technical capability, have adequate facilities, or management to perform the approved methods of analysis for Customs purposes; (iv) A determination is made that the laboratory has submitted false reports or statements concerning the sampling of merchandise, or that the applicant was subject to sanctions by state, local, or professional administrative bodies for such conduct; (v) Nonpayment of assessed charges and the balance of the fixed accreditation fee; or (vi) Failure to execute a bond in accordance with part 113 of this chapter. (3) Adverse accreditation decisions; appeal procedures Preliminary notice. (ii) Final notice Based on nonresponse. ( 1 ( 2 (B) Based on response. (iii) Appeal decision. (A) Submit a new application for accreditation, in accordance with the provisions of paragraph (f)(1) of this section, 120 days after the date of the appeal decision; or (B) File an action with the Court of International Trade, pursuant to chapter 169 of title 28, United States Code, within 60 days of the date of the appeal decision. (h) What are the accreditation/reaccreditation fee requirements? In general. Federal Register. Federal Register. (i) Accreditation fees. (ii) Reaccreditation fees. (2) Disputes. (i) Can existing Customs-accredited laboratories continue to operate? (j) How will Customs-accredited laboratories operate? Samples for testing. (i) Retention of non-perishable samples. (ii) Retention of perishable samples. (2) Reports Contents of reports. (ii) Status of commercial reports where Customs also tests merchandise. (3) Recordkeeping requirements. (i) Sample records. (A) A unique identifying number; (B) The date when the sample was received or taken; (C) The identity of the commodity (e.g., crude oil); (D) The name of the client; (E) The source of the sample (e.g., name of vessel, flight number of airline, name of individual taking the sample); and (F) If available, the Customs entry date, entry number, and port of entry and the names of the importer, exporter, manufacturer, and country-of-origin. (ii) Major equipment records. (iii) Records of analytical procedures. (iv) Laboratory analysis records. (v) Laboratory analysis reports. (A) The name and address of the Customs-accredited laboratory; (B) A description and identification of the sample, including its unique identifying number; (C) The designations of each analysis procedure used; (D) The analysis report itself ( i.e., (E) The date of the report; and (F) The typed name and signature of the person accepting technical responsibility for the analysis report ( i.e., (4) Representation of Customs-accredited status. (5) Subcontracting prohibited. (k) How can a laboratory have its accreditation suspended or revoked or be required to pay a monetary penalty? Grounds for suspension, revocation, or assessment of a monetary penalty In general. (ii) Specific grounds. (A) The selection was obtained through fraud or the misstatement of a material fact by the laboratory; (B) The laboratory, a principal of the laboratory, or a person the port director determines is exercising substantial ownership or control over the laboratory operation is indicted for, convicted of, or has committed acts which would: under United States federal or state law, constitute a felony or misdemeanor involving misstatements, fraud, or a theft-related offense; or reflect adversely on the business integrity of the applicant. In the absence of an indictment, conviction, or other legal process, the port director must have probable cause to believe the proscribed acts occurred; (C) Staff laboratory personnel refuse or otherwise fail to follow any proper order of a Customs officer or any Customs order, rule, or regulation; (D) The laboratory fails to operate in accordance with the obligations of paragraph (c) of this section; (E) A determination is made that the laboratory is no longer technically or operationally proficient at performing the approved methods of analysis for Customs purposes; (F) The laboratory fails to remit to Customs, at the billing address specified, within the 30 day billing period the associated charges assessed for the accreditation and the balance of the fixed accreditation fee; (G) The laboratory fails to maintain its bond; (H) The laboratory fails to remit to Customs, at the billing address specified, within the 30 day billing period, the fixed reaccreditation fee; or (I) The laboratory fails to remit any monetary penalty assessed under this section. (iii) Assessment of monetary penalties. (A) Any loss of revenue, in cases where the laboratory intentionally falsified the analysis report in collusion with the importer, pursuant to 19 U.S.C. 1499(b)(1)(B)(i); or (B) Liquidated damages assessed under the laboratory's Customs bond. (2) Notice of adverse action. (i) Immediate suspension or revocation. (A) Submit a new application for accreditation, in accordance with the provisions of paragraph (f)(1) of this section, 180 days after the date of the final notice of adverse determination; or (B) Administratively appeal the final notice of adverse determination to the Assistant Commissioner within 30 calendar days of the date of the final notice of adverse determination. (ii) Proposed suspension, revocation, or assessment of monetary penalty Preliminary notice. (B) Final notice 1 Based on nonresponse. ( 2 Based on response. ( 3 Publication of final notices of adverse determination. Federal Register ( 4 Appeal decision. (i) Submit a new application for accreditation, in accordance with the provisions of paragraph (f)(1) of this section, 120 days after the date of the appeal decision; or (ii) File an action with the Court of International Trade, pursuant to chapter 169 of title 28, United States Code, within 60 days of the date of the appeal decision. [T.D. 99-67, 64 FR 48534, Sept. 7, 1999; T.D. 99-67, 65 FR 10009, 10010, Feb. 25, 2000] § 151.13 Approval of commercial gaugers. This section sets forth the requirements for commercial gaugers to obtain approval by Customs for the measuring of certain merchandise, and explains the operation of such approved gaugers. This section also provides for the imposition of approval and reapproval fees, sets forth grounds for the suspension or revocation of approval, and provides for the imposition of a monetary penalty for an approved commercial gauger that fails to adhere to the provisions of this section. (a) What is a “Customs-approved gauger”? (b) What are the obligations of a Customs-approved gauger? (1) To comply with the requirements of part 151, Customs Regulations (19 CFR part 151), and to conduct professional services in conformance with approved standards and procedures, including procedures which may be required by the Commissioner of Customs or the Executive Director; (2) To have no interest in or other connection with any business or other activity which might affect the unbiased performance of duties as a Customs-approved gauger. It is understood that this does not prohibit acceptance of the usual fees for professional services; (3) To maintain the ability, i.e., (4) To retain those gauger records beyond the five-year record-retention period specified by Customs as necessary to address matters concerned in pending litigation, and, if gauger operations or approval cease, to contact Customs immediately regarding the disposition of records retained; (5) To promptly investigate any circumstance which might affect the accuracy of work performed as an approved gauger, to correct the situation immediately, and to notify the port director, the Executive Director, and the Center director of such matters, their consequences, and any corrective action taken or that needs to be taken; and (6) To immediately notify the port director, the Executive Director, and the Center director of any attempt to impede, influence, or coerce gauger personnel in the performance of their duties, or of any decision to terminate gauger operations or approval status. Further, within 5 days of any changes involving legal name, address, ownership, parent-subsidiary relationships, bond, other offices or sites, or approved signatories to notify the Executive Director by certified mail. (c) What are the approved measurement procedures? (d) How would a commercial gauger become a Customs-approved gauger? What should an application contain? (i) The applicant's legal name and the address of its principal place of business and any other facility out of which it will work; (ii) Detailed statements of ownership and any partnerships, parent-subsidiary relationships, or affiliations with any other domestic or foreign organizations, including, but not limited to, importers, producers, refiners, Customs brokers, or carriers; (iii) A statement of financial condition; (iv) If a corporation, a copy of the articles of incorporation and the names of all officers and directors; (v) The names, titles, and qualifications of each person who will be authorized to sign or approve gauging reports on behalf of the commercial gauger; (vi) A complete description of the applicant's facilities, instruments, and equipment; (vii) An express agreement that if notified by Customs of pending approval to execute a bond in accordance with part 113, Customs Regulations (19 CFR part 113), and submit it to the Customs port nearest to the applicant's main office. (The limits of liability on the bond will be established by the Customs port in consultation with the Executive Director. In order to retain Customs approval, the gauger must maintain an adequate bond, as determined by the port director); (viii) An express agreement to be bound by the obligations contained in paragraph (b) of this section; and, (ix) A nonrefundable pre-payment equal to 50 percent of the fixed approval fee, as published in the Federal Register i.e., (2) Where should an application be sent? (3) How will an application be reviewed? Determination of competence. (ii) Evaluation of technical and operational requirements. (A) Equipment. (B) Facilities. (C) Personnel. (e) How will an applicant be notified concerning approval? Notice of approval or nonselection. Federal Register (2) Grounds for nonselection. (i) The application contains false or misleading information concerning a material fact; (ii) The gauger, a principal of the gauging facility, or a person the Executive Director determines is exercising substantial ownership or control over the gauger operation is indicted for, convicted of, or has committed acts which would: (A) Under United States federal or state law, constitute a felony or misdemeanor involving misstatements, fraud, or a theft-related offense; or (B) Reflect adversely on the business integrity of the applicant; (iii) A determination is made that the gauger-applicant does not possess the technical capability, have adequate facilities, or management to perform the approved methods of measurement for Customs purposes; (iv) A determination is made that the gauger has submitted false reports or statements concerning the measurement of merchandise, or that the applicant was subject to sanctions by state, local, or professional administrative bodies for such conduct; (v) Nonpayment of assessed charges and the balance of the fixed approval fee; or (vi) Failure to execute a bond in accordance with part 113 of this chapter. (3) Adverse approval decisions; appeal procedures. Preliminary notice. (ii) Final notice Based on nonresponse. ( 1 ( 2 (B) Based on response. (iii) Appeal decision. (A) Submit a new application for approval, in accordance with the provisions of paragraph (d)(1) of this section, 120 days after the date of the appeal decision; or (B) File an action with the Court of International Trade, pursuant to chapter 169 of title 28, United States Code, within 60 days of the date of the appeal decision. (f) What are the approval/reapproval fee requirements? In general. Federal Register. Federal Register. (i) Approval fees. (ii) Reapproval fees. (2) Disputes. (g) Can existing Customs-approved gaugers continue to operate? (h) How will Customs-approved gaugers operate? Reports Contents of reports. HTSUS Product Unit of quantity Headings 1501-1515 Animal and vegetable oils Kilogram. Subheadings 2707.10-2707.30 and 2902.20-2902.44 Benzene, toluene and xylene Liter. Heading 2709 Crude Petroleum Barrel. Heading 2710 (various subheadings) Fuel oils, motor oils, kerosene, naphtha, lubricating oils Barrel. Chapter 29 (various subheadings) Organic compounds in bulk and liquid form Kilogram, liter, etc. (ii) Status of commercial reports where Customs also gauges merchandise. (2) Recordkeeping requirements. (i) Transaction records. (A) A unique identifying number; (B) The date and location where the transaction occurred; (C) The identity of the product (e.g., crude oil); (D) The name of the client; (E) The source of the product (e.g., name of vessel, flight number of airline); and (F) If available, the Customs entry date, entry number, and port of entry and the names of the importer, exporter, manufacturer, and country-of-origin. (ii) Major equipment records. (iii) Records of gauging procedures. (iv) Gauging records. i.e., (v) Gauging reports. (A) The name and address of the Customs-approved gauger; (B) A description and identification of the transaction, including its unique identifying number; (C) The designations of each gauging procedure used; (D) The gauging report itself ( i.e., (E) The date of the report; and (F) The typed name and signature of the person accepting technical responsibility for the gauging report ( i.e., (3) Representation of Customs-approved status. (4) Subcontracting prohibited. (i) How can a gauger have its approval suspended or revoked or be required to pay a monetary penalty? Grounds for suspension, revocation, or assessment of a monetary penalty In general. (ii) Specific grounds. (A) The selection was obtained through fraud or the misstatement of a material fact by the gauger; (B) The gauger, a principal of the gauging facility, or a person the port director determines is exercising substantial ownership or control over the gauger operation is indicted for, convicted of, or has committed acts which would: under United States federal or state law, constitute a felony or misdemeanor involving misstatements, fraud, or a theft-related offense; or reflect adversely on the business integrity of the applicant. In the absence of an indictment, conviction, or other legal process, the port director must have probable cause to believe the proscribed acts occurred; (C) Staff gauger personnel refuse or otherwise fail to follow any proper order of a Customs officer or any Customs order, rule, or regulation; (D) The gauger fails to operate in accordance with the obligations of paragraph (b) of this section; (E) A determination is made that the gauger is no longer technically or operationally proficient at performing the approved methods of measurement for Customs purposes; (F) The gauger fails to remit to Customs, at the billing address specified, within the 30 day billing period the associated charges assessed for the approval and the balance of the fixed approval fee; (G) The gauger fails to maintain its bond; (H) The gauger fails to remit to Customs, at the billing address specified, within the 30 day billing period the fixed reapproval fee; or (I) The gauger fails to remit any monetary penalty assessed under this section. (iii) Assessment of monetary penalties. (A) Any loss of revenue, in cases where the gauger intentionally falsified the gauging report in collusion with the importer, pursuant to 19 U.S.C. 1499(b)(1)(B)(i); or (B) Liquidated damages assessed under the gauger's Customs bond. (2) Notice of adverse action. (i) Immediate suspension or revocation. (A) Submit a new application for approval, in accordance with the provisions of paragraph (d)(1) of this section, 180 days after the date of the final notice of nonselection; or (B) Administratively appeal the final notice of adverse determination to the Assistant Commissioner within 30 calendar days of the date of the final notice of adverse determination. (ii) Proposed suspension, revocation, or assessment of monetary penalty Preliminary notice. (B) Final notice 1 Based on nonresponse. ( 2 Based on response. ( 3 Publication of final notices of adverse determination. Federal Register ( 4 Appeal decision. (i) Submit a new application for approval, in accordance with the provisions of paragraph (d)(1) of this section, 120 days after the date of the appeal decision; or (ii) File an action with the Court of International Trade, pursuant to chapter 169 of title 28, United States Code, within 60 calendar days of the date of the appeal decision. [T.D. 99-67, 64 FR 48539, Sept. 7, 1999; 65 FR 10011, Feb. 25, 2000] § 151.14 Use of commercial laboratory tests in liquidation. The analysis method for crude petroleum contained in ASTM D96 or other approved analysis method and as determined by a Customs-accredited commercial laboratory shall be used for Customs purposes if the difference between the value found by the commercial laboratory and the value found by the Customs laboratory does not exceed 0.11 percent. If the difference exceeds this limit and the Customs-accredited commercial laboratory cannot establish that Customs is in error, then the Customs results shall be used. [T.D. 90-78, 55 FR 40167, Oct. 2, 1990, as amended by T.D. 99-67, 64 FR 48543, Sept. 7, 1999] § 151.15 Movement of merchandise to a centralized examination station. (a) Permission to transfer merchandise for examination. Containers to be transferred: ______ All or, Container #'s ______, ______, ______← To CES__________________________________← Approved by: U.S. Customs Inspector______← Date__________________________________← Unless the port director exercises his authority pursuant to paragraph (d) of this section, the reviewing inspector will initial and date the form or attachment being used, or stamp one copy of the Customs Form 3461 or 3461 (ALT), or their electronic equivalents if required by the port director. A copy of this document will act as notification and authorization to the entry filer that the merchandise must be transferred to the importer-designated CES unless another CES is designated by the port director under paragraph (d) of this section. (b) Assumption of liability during transfer. (1) If the merchandise is tranferred directly to a CES by an importing carrier, the importing carrier shall remain liable under the terms of its international carrier bond for the proper safekeeping and delivery of the merchandise until it is receipted for by the CES operator. (2) If the merchandise is transferred directly from a bonded carrier's facility to a CES or is delivered directly to the CES by a bonded carrier, the bonded carrier shall remain liable under the terms of its custodial bond for the proper safekeeping and delivery of the merchandise until it is receipted for by the CES operator. (3) If containerized cargo, including excess loose cargo that is part of the containerized cargo, is transferred to a CES operator's own facility using his own vehicles, the CES operator shall be liable under the terms of his custodial bond for the proper safekeeping and delivery of the merchandise to the CES facility. (4) If the importer or his agent acting as importer of record transfers the merchandise to a CES, that importer or agent shall assume liability under his importation and entry bond (see § 151.7(d) of this part) for the proper transfer of the merchandise until it is receipted for by the CES operator. (c) Annual blanket transfer. (d) Designation of bonded movement and CES to be used. [T.D. 93-6, 58 FR 5606, Jan. 22, 1993, as amended by CBP Dec. 15-14, 80 FR 61290, Oct. 13, 2015] § 151.16 Detention of merchandise. (a) Exemptions from applicability. (b) Decision to detain or release. (c) Notice of detention. (1) Initiation of the detention, including the date the merchandise was presented for examination; (2) Specific reason for the detention; (3) Anticipated length of the detention; (4) Nature of the tests or inquiries to be conducted; and (5) Nature of any information which, if supplied to CBP, may accelerate the disposition of the detention. (d) Providing testing results. (e) Final determinations. (f) Effect of failure to make a determination. (g) Failure to decide protest. (h) Decision before commencement of court action. (i) Commencement of court action; burden of proof and decisions of the court. (j) Seizure and forfeiture; denial of entry or exportation. [T.D. 99-65, 64 FR 43611, Aug. 11, 1999, as amended by CBP Dec. 12-10, 77 FR 24380, Apr. 24, 2012; USCBP-2012-0011, 80 FR 56381, Sept. 18, 2015; 89 FR 52379, June 24, 2024] Subpart B—Sugars, Sirups, and Molasses § 151.21 Definitions. The following are general definitions for the purposes of this subpart in applying the provisions of Chapters 17 and 18, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202): (a) Degree. (b) Total sugars. [T.D. 73-175, 38 FR 17470, July 2, 1973, as amended by T.D. 89-1, 53 FR 51268, Dec. 21, 1988] § 151.22 Estimated duties on raw sugar. Estimated duties shall be taken on raw sugar, as defined in Subheading Note 1 to Chapter 17, Harmonized Tariff Schedule of the United States, on the basis of not less than 96° polariscopic test unless the invoice shows that the sugar is of a lower grade than that of the ordinary commercial shipment. [T.D. 73-175, 38 FR 17470, July 2, 1973, as amended by T.D. 89-1, 53 FR 51268, Dec. 21, 1988] § 151.23 Allowance for moisture in raw sugar. Inasmuch as the absorption of sea water or moisture reduces the polariscopic test of sugar, there shall be no allowance on account of increased weight of raw sugar importations due to unusual absorption of sea water or other moisture while on the voyage of importation. Any portion of the cargo claimed by the importer to have absorbed sea water or moisture on the voyage of importation shall be weighed, sampled, and tested separately. No such claim shall be considered if made after the sugar claimed to have been damaged has been weighed. § 151.24 Unlading facilities for bulk sugar. When dutiable sugar is to be imported in bulk, a full description of the facilities to be used in unlading the sugar shall be submitted to the Commissioner of Customs as far as possible in advance of the date of importation, and special instructions will be issued as to the methods to be applied in weighing and sampling such sugar. § 151.25 Mixing classes of sugar. No regulations relative to the weighing, taring, sampling, classifying, and testing of imported sugar shall be so construed as to permit mixing together sugar of different classes, such as centrifugal, beet, molasses, or any sugar different in character from those mentioned, for the purpose of weighing, taring, sampling, or testing. § 151.26 Molasses in tank cars. When molasses is imported in tank cars, the importer shall file with the port director a certificate showing whether there is any substantial difference either in the total sugars or the character of the molasses in the different cars. § 151.27 Weighing and sampling done at time of unlading. Sugar, sirup, and molasses requiring either weighing or sampling shall be weighed or sampled at the time of unlading. When such merchandise requires both weighing and sampling, these operations shall be performed simultaneously. § 151.28 Gauging of sirup or molasses discharged into storage tanks. (a) Plans of storage tank to be filed. (b) Settling before gauging. [T.D. 73-175, 38 FR 17470, July 2, 1973, as amended by T.D. 80-142, 45 FR 36384, May 30, 1980; T.D. 89-1, 53 FR 51268, Dec. 21, 1988] § 151.29 Expense of unlading and handling. No expense incidental to the unlading, transporting, or handling of sugar, sirup, or molasses for convenient weighing, gaging, measuring, sampling, or marking shall be borne by the Government. § 151.30 Sugar closets. Sugar closets for samples shall be substantially built and secured by locks furnished by Customs. They shall be conveniently located as near as possible to the points of discharge they are intended to serve. They shall be provided by the owner of the premises on which they are located and shall be so situated that sugar, sirup, and molasses stored therein shall not be subjected to extremes of temperature or humidity. § 151.31 [Reserved] Subpart C—Petroleum and Petroleum Products § 151.41 Information on entry summary. On the entry summary for petroleum or petroleum products in bulk, the importer shall show the API gravity at 60 °Fahrenheit, in accordance with the current edition of the ASTM-IP Petroleum Measurement Tables (American Edition), approved by the American Society for Testing and Materials. The appropriate unabridged table shall be used in the reduction of volume to 60 °F. If the exact volumetric quantity cannot be determined in advance, the entry summary may be made for “__ barrels, more or less”, but in no case may the estimate vary by more than three percent from the gross quantity unladen. The term “barrels” is defined in Chapter 27, Additional U.S. Note 7, Harmonized Tariff Schedule of the United States. The information required by this section also shall be shown on the entry summary permit if the entry summary is filed at the time of entry, and on each entry summary continuation sheet regardless of when the entry summary is filed. [T.D. 80-142, 45 FR 36384, May 30, 1980, as amended by T.D. 82-224, 47 FR 53728, Nov. 29, 1982; T.D. 89-1, 53 FR 51268, Dec. 21, 1988] § 151.42 Controls on unlading and gauging. (a) Methods of control. (i) Customs-approved metering and sampling installations provided by the importer; (ii) Shore tank gauging; or (iii) Weighing for trucks and railroad cars. (2) Vessel ullages shall be taken in every case unless the port director determines that it is impracticable to do so for safety or technological reasons. Ullages may be taken for trucks and railroad cars if weighing or shore tank gauging is not available as a method of control. Vessel ullages will not be used to determine the quantity unladen unless none of the other methods provided for in this paragraph is available or adequate. (3) The metering and sampling installations described in paragraph (a)(1)(i) of this section are approved by Customs on a case-by-case basis. Importers seeking approval shall send a complete description of the installation to the port director who, with the concurrence of the Director, Laboratory & Scientific Services, or his designee, shall give approval or shall state, in writing, the reasons for disapproval. Approved installations are subject to periodic verification by Customs. Importers desiring to modify a Customs-approved installation shall obtain Customs approval beforehand. (b) Duties of Customs officers. (1) Opening ullages. (2) Closing ullages of carriers which have not completely discharged cargo, or if an importer or carrier requests Customs to witness closing ullages because of special problems. (3) Shore tank gauges performed by company or related-party employees. (4) Between 5 and 10 per cent of shore tank gauges conducted by commercial gaugers. (5) Shore tank gauges, including those conducted by a commercial gauger if no carrier ullages are taken. (c) Manifest discrepancies. [T.D. 80-142, 45 FR 36384, May 30, 1980, as amended by T.D. 82-224, 47 FR 53728, Nov. 29, 1982; T.D. 87-39, 52 FR 9790, Mar. 26, 1987; T.D. 89-1, 53 FR 51268, Dec. 21, 1988; T.D. 91-77, 56 FR 46115, Sept. 10, 1991] § 151.43 [Reserved] § 151.44 Storage tanks. (a) Plans and gauge tables. (b) Tags required on valves. (c) Verification of gauge tables. [T.D. 80-142, 45 FR 36384, May 30, 1980, as amended by T.D. 89-1, 53 FR 51268, Dec. 21, 1988] § 151.45 Storage tanks bonded as warehouses. (a) Application. (b) Removal of nonbonded petroleum. (c) Information on warehouse withdrawal. [T.D. 80-142, 45 FR 36384, May 30, 1980, as amended by T.D. 87-39, 52 FR 9790, Mar. 26, 1987] § 151.46 Allowance for detectable moisture and impurities. An allowance for all detectable moisture and impurities present in or upon imported petroleum or petroleum products shall be made in accordance with § 158.13 of this chapter. [T.D. 90-78, 55 FR 40167, Oct. 2, 1990] § 151.47 Optional entry of net quantity of petroleum or petroleum products. Instead of stating the gross quantity of petroleum or petroleum products on the entry summary, the importer may state the net quantity. The analytical report from the Customs-accredited commercial laboratory shall be filed with the entry summary. [T.D. 87-39, 52 FR 9790, Mar. 26, 1987, as amended by T.D. 89-1, 53 FR 51269, Dec. 21, 1988] Subpart D—Metal-Bearing Ores and Other Metal-Bearing Materials § 151.51 Sampling requirements. (a) General. (b) Ores of low metal content. [T.D. 73-175, 38 FR 17470, July 2, 1973, as amended by T.D. 89-1, 53 FR 51269, Dec. 21, 1988] § 151.52 Sampling procedures. (a) Commercial samples taken under Customs supervision. (b) Commercial samples furnished by importer. (1) Entry number, (2) Lots represented, (3) Kind of ore or material, (4) Date and place where sampling occurred, and (5) The name and address of the sampling concern. (c) Samples taken by Customs. § 151.53 Sample lockers. A suitable place or containers shall be provided for the safekeeping of all Customs samples under Customs lock or seal. § 151.54 Testing by Customs laboratory. Samples taken in accordance with § 151.52 shall be promptly forwarded to the appropriate Customs laboratory for testing in accordance with commercial methods. An authorized CBP official may secure from the importer a certified copy of the commercial settlement tests for moisture and for assay which shall be transmitted with the commercial samples to the Custom laboratory. If the Customs tests are not in substantial agreement with the settlement tests, the Customs laboratory director shall review his tests. The Customs tests shall be used in determining the final duties on the merchandise, except that the settlement tests shall be used if, in the opinion of the Customs laboratory director: (a) The settlement and Customs tests differ by no more than is to be expected between qualified laboratories, and (b) The use of the settlement test results will not require a different tariff classification or rate of duty than is indicated by the Customs test. [T.D. 73-175, 38 FR 17470, July 2, 1973, as amended by T.D. 87-39, 52 FR 9791, Mar. 26, 1987] § 151.55 Deductions for loss during processing. Deductions for the loss of copper, lead, or zinc content during processing, as authorized by Chapter 26, Additional U.S. Note 1, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), shall be made by the Center director in the liquidation of any entry only if the importer has followed the procedures set forth in that headnote. See §§ 19.17 through 19.25 of this chapter for procedures applicable to bonded smelting and refining warehouses. [T.D. 73-175, 38 FR 17470, July 2, 1973, as amended by T.D. 89-1, 53 FR 51269, Dec. 21, 1988] Subpart E—Wool and Hair § 151.61 Definitions. The following are general definitions for the purposes of this subpart: (a) Clean kg. (b) Clean yield. (c) For the purposes of carbonized fibers, the term clean yield means the condition as entered. (d) Sampling unit. (e) General sample. [T.D. 73-175, 38 FR 17470, July 2, 1973, as amended by T.D. 89-1, 53 FR 51269, Dec. 21, 1988] § 151.62 Information on invoices. Invoices of wool or hair subject to duty at a rate per clean kilogram under Chapter 51, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), shall show the following detailed information in addition to other information required: (a) Condition, that is, whether in the grease, washed, pulled, on the skin, scoured, carbonized, burr-picked, willowed, handshaken, or beaten; (b) Whether free of vegetable matter, practically free, slightly burry, medium burry, heavy burry; (c) Whether in the fleece, skirted, matchings, or sorted; (d) Length, that is, whether super combing, ordinary combing, clothing, or filling; (e) Country of origin, and, if possible, the province, section, or locality of production; (f) If wool, the type symbol by which it is bought and sold in the country of origin and the grade of each lot covered by the invoice, specifying the standard or basis used, that is, whether U.S. Official Standards or the commercial terms to designate grade in the country of shipment; and (g) Net weight of each lot of wool or hair covered by the invoice in the condition in which it is shipped, and the shipper's estimate of the clean yield of each lot by weight or by percentage. [T.D. 73-175, 38 FR 17470, July 2, 1973, as amended by T.D. 89-1, 53 FR 51269, Dec. 21, 1988] § 151.63 Information on entry summary. Each entry summary covering wool or hair subject to duty at a rate per clean kilogram under Chapter 51, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), shall show as to each lot of wool or hair covered thereby, in addition to other information required, the total estimated or actual net weight of the wool or hair in its condition as imported, its total estimated clean yield in kilograms, and the estimated percentage clean yield. (19 U.S.C. 1484.) [T.D. 89-1, 53 FR 51269, Dec. 21, 1988] § 151.64 Extra copy of entry summary. One extra copy of the entry summary covering wool or hair subject to duty at a rate per clean kilogram shall be filed in addition to the copies otherwise required. [T.D. 93-52, 58 FR 37854, July 14, 1993] § 151.65 Duties. Duties on wool or hair subject to duty at a rate per clean kilogram may be estimated at the time of filing the entry summary on the basis of the clean yield shown on the entry summary if the Center director is satisfied that the revenue will be properly protected. Liquidated duties shall be based upon the Center director's final determination of clean yield. Estimated and liquidated duties on wool or hair tested for clean yield pursuant to the provisions of § 151.71, and withdrawn for consumption without a change in condition which affects the duties and in a quantity less than an entire sampling unit shall be determined on the basis of an appropriate adjustment of the estimated percentage clean yield shown on the entry summary for the wool or hair included in each of the lots covered by the withdrawal. This adjustment shall be made by increasing or decreasing such estimated percentage clean yield of each lot by the difference between the percentage clean yield of the related sampling unit, as determined by the Center director, and the weighted average percentage clean yield for the sampling unit, as computed from the estimated percentages clean yield and net weights shown on the entry summary for the lots included in the sampling unit. [T.D. 73-175, 38 FR 17470, July 2, 1973, as amended by T.D. 79-221, 44 FR 46829, Aug. 9, 1979; T.D. 89-1, 53 FR 51269, Dec. 21, 1988] § 151.66 Duty on samples. Duty shall be assessed and collected on samples taken pursuant to any provision in this subpart, whether taken by the importer or by Customs, unless an exemption or remission is obtained by compliance with an applicable provision of the law or regulations. The duty shall be assessed upon the samples in accordance with their condition at the time of importation, except in the case of merchandise manipulated in warehouse pursuant to section 562, Tariff Act of 1930, as amended (19 U.S.C. 1562). The collection of duty on the samples may be postponed when the importation concerned is not entered for consumption until the withdrawal of the merchandise from which the samples are taken, or until an application for the destruction or abandonment of such merchandise has been accepted pursuant to an appropriate provision of the law or regulations. § 151.67 Sampling by importer. The importer may be permitted after entry to draw samples under Customs supervision in reasonable quantities from the packages of wool or hair designated for examination, provided the bales or bags are properly repacked and repaired by him. Any samples so withdrawn shall be weighed and a record showing the quantities thereof shall be made and filed with the related entry. § 151.68 Merchandise to be sampled and tested by Customs. The following shall be weighed, sampled, and tested for clean yield, unless such sampling or testing is not feasible: (a) All importation of wool or hair subject to duty at a rate per clean kilogram, except importations entered directly for manipulation under the provisions of section 562, Tariff Act of 1930, as amended (19 U.S.C. 1562), or for manufacture under the provisions of section 311, Tariff Act of 1930, as amended (19 U.S.C. 1311); (b) All imported wool or hair manipulated under the provisions of section 562, Tariff Act of 1930, as amended (19 U.S.C. 1562) and dutiable after manipulation as wool or hair at a rate per clean kilogram; and (c) Such other imported wool or hair as an authorized CBP official may designate. [T.D. 73-175, 38 FR 17470, July 2, 1973, as amended by T.D. 89-1, 53 FR 51269, Dec. 21, 1988] § 151.69 Transfer or exportation of part of sampling unit. (a) Transfer of right to withdraw. (b) Exportation. § 151.70 Method of sampling by Customs. A general sample shall be taken from each sampling unit, unless it is not feasible to obtain a representative general sample of the wool or hair in a sampling unit or to test such a sample in accordance with the provisions of § 151.71. At the request of the importer, two general samples may be taken from a sampling unit if the taking and testing of a second general sample is feasible. If two general samples are taken, one general sample shall be held for use in making a second test for clean yield if such a test is requested in accordance with the provisions of § 151.71(c), or if a second test is found desirable by the Center director or the chief chemist. [T.D. 73-175, 38 FR 17470, July 2, 1973, as amended by T.D. 93-52, 58 FR 37854, July 14, 1993] § 151.71 Laboratory testing for clean yield. (a) Test and report by Customs laboratory. (b) Notification to importer. (c) Importer's request for retest. (d) Retest procedures. (e) Request for commercial test. [T.D. 73-175, 38 FR 17470, July 2, 1973, as amended by T.D. 75-121, 40 FR 23458, May 30, 1975; T.D. 93-52, 58 FR 37854, July 14, 1993; CBP Dec. No. 16-26, 81 FR 93021, Dec. 20, 2016] § 151.73 Importer's request for commercial laboratory test. (a) Conditions for commercial test. (b) Time for filing request. (c) Procedures for commercial test. [T.D. 73-175, 38 FR 17470, July 2, 1973, as amended by T.D. 93-52, 58 FR 37854, July 14, 1993; CBP Dec. No. 16-26, 81 FR 93021, Dec. 20, 2016] § 151.74 Retest at Center director's request. If the Center director is not satisfied with the results of any test provided for in § 151.71 or § 151.73, he may, within 14 calendar days after receiving the report of the results of such test, proceed to have another test made upon a suitable sample of the wool or hair at the expense of the Government. When the Center director is proceeding to have another test made, he shall, within the 14-day period specified in this paragraph, notify the importer by mail of that fact. [CBP Dec. No. 16-26, 81 FR 93021, Dec. 20, 2016] § 151.75 Final determination of clean yield. The Center director shall base his final determination of clean yield upon a consideration of all the tests made in connection with the wool or hair concerned. [T.D. 73-175, 38 FR 17470, July 2, 1973, as amended by T.D. 93-52, 58 FR 37854, July 14, 1993] § 151.76 Grading of wool. (a) Examination for grade. (b) Notification to importer. (c) Importer's request for reexamination. [T.D. 73-175, 38 FR 17470, July 2, 1973, as amended by T.D. 89-1, 53 FR 51269, Dec. 21, 1988; CBP Dec. No. 16-26, 81 FR 93021, Dec. 20, 2016] Subpart F—Cotton § 151.81 Definition of staple length. For the purposes of this subpart, “staple length” means the length of the fibers in a particular quantity of cotton designated in terms expressing the measurement by the millimeter or fraction thereof of a representative portion of the quantity in accordance with the Official Cotton Standards of the United States for length of staple, as established by the Secretary of Agriculture. [T.D. 73-175, 38 FR 17470, July 2, 1973, as amended by T.D. 89-1, 53 FR 51269, Dec. 21, 1988] § 151.82 Information on invoices. Invoices of cotton provided for in subheading 5201.00.10, 5201.00.20, 5201.00.50, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), shall show the following detailed information in addition to other required information: (a) One of the following statements regarding each lot of cotton covered by the invoice: (1) This is harsh or rough cotton under 19.05 millimeters in staple length; (2) The staple length of this cotton is under 28.58 millimeters. (This statement is not to be used if paragraph (a)(1) of this section is applicable); (3) The staple length of this cotton is 28.58 millimeters or more and under 34.93 millimeters; (4) This cotton is harsh or rough cotton (other than cotton of perished staple, and cotton pickings), white in color, and has a staple length of 29.37 millimeters or more and under 44.45 millimeters; (5) The staple length of this cotton is 34.93 millimeters or more and under 42.86 millimeters; or (6) The staple length of this cotton is 42.86 millimeters or more. (b) The name of the country of origin and, if practicable, the name of the province or other subdivision of the country of origin in which the cotton was grown. (c) The variety of the cotton, such as Karnak, Gisha, Pima, Tanguis, etc. [T.D. 89-1, 53 FR 51269, Dec. 21, 1988] § 151.83 Method of sampling. For determining the staple length of any lot of cotton for any Customs purposes, samples of the lot shall be taken in accordance with commercial practice. § 151.84 Determination of staple length. The Center director shall have one or more samples of each sampled bale of cotton stapled by a qualified Customs officer, or a qualified employee of the Department of Agriculture designated by the Commissioner of Customs for the purpose, and shall promptly mail the importer a notice of the results determined. § 151.85 Importer's request for redetermination. If the importer is dissatisfied with the port director's or Center director's determination made before January 19, 2017, or the Center director's determination made on or after January 19, 2017, he may file with the Center director, within 14 calendar days after the mailing of the notice, a written request in duplicate for a redetermination of the staple length. Each such request shall include a statement of the claimed staple length for the cotton in question and a clear statement of the basis for the claim. The request shall be granted if it appears to the Center director to be made in good faith. In making the redetermination of staple length, the Center director may obtain an opinion of a board of cotton examiners from the U.S. Department of Agriculture, if he deems such action advisable. All expenses occasioned by any redetermination of staple length, exclusive of the compensation of CBP officers, shall be reimbursed to the Government by the importer. [CBP Dec. No. 16-26, 81 FR 93021, Dec. 20, 2016] Subpart G—Fruit Juices § 151.91 Brix values of unconcentrated natural fruit juices. The following values have been determined to be the average Brix values of unconcentrated natural fruit juices in the trade and commerce of the United States, for the purposes of the provisions of the Additional U.S. Notes to Chapter 20, Harmonized Tariff Schedule of the United States (HTSUS) (19 U.S.C. 1202), and will be used in determining the dutiable quantity of imports of concentrated fruit juices, using the procedure set forth in Additional U.S. Note 2, Chapter 20, HTSUS: Kind of fruit juice Average Brix value (degrees) Apple 13.3 Apricot 14.3 Bilberry (Whortleberry, Vaccinium Myrtillium) 13.4 Black currant 15.0 Blackberry 10.0 Black raspberry 11.1 Blueberry 14.1 Boysenberry 10.0 Carob 40.0 Cherry 14.3 Crabapple 15.4 Cranberry 10.5 Date 18.5 Dewberry 10.0 Elderberry 11.0 Fig 18.2 Gooseberry 8.3 Grape (Vitis Vinifera) 21.5 Grape (Slipskin varieties) 16.0 Grapefruit 10.2 Guava 7.7 Lemon 8.9 Lime 10.0 Loganberry 10.5 Mango 17.0 Naranjilla 10.5 Orange 11.8 Papaya 10.2 Passion Fruit 15.3 Peach 11.8 Pear 15.4 Pineapple 14.3 Plum 14.3 Pomegranate 18.2 Prune 18.5 Quince 13.3 Raisin 18.5 Raspberry (Red raspberry) 10.5 Red currant 10.5 Soursop (Guanabana, Annono Muricata) 16.0 Strawberry 8.0 Tamarind 55.0 Tangerine 11.5 Youngberry 10.0 [T.D. 73-175, 38 FR 17470, July 2, 1973, as amended by T.D. 74-41, 39 FR 2470, Jan. 23, 1974; T.D. 84-173, 49 FR 31852, Aug. 9, 1984; T.D. 89-1, 53 FR 51269, Dec. 21, 1988] Subpart H [Reserved] Subpart I—Cigars, Cigarillos, and Tobacco § 151.111 Cigars, cigarillos, and tobacco of Cuban origin. The tobacco National Import Specialist at the port of New York shall have general supervision of the examination of (a) all cigars or cigarillos which may be made or derived in whole or in part of Cuban articles, and (b) all tobacco which may be of Cuban origin. [T.D. 81-189, 46 FR 37888, July 23, 1981]