19 C.F.R. § 10.138

Proof of use

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Within 3 years from the date of entry or withdrawal from warehouse for consumption, the importer shall submit in duplicate in support of his claim for free entry or for a reduced rate of duty a certificate executed by (1) the superintendent or manager of the manufacturing plant, or (2) the individual end-user or other person having knowledge of the actual use of the imported article. The certificate shall include a description of the processing in sufficient detail to show that the use contemplated by the law has actually taken place. A blanket certificate covering all purchases of a given type of merchandise from a particular importer during a given period, or all such purchases with specified exceptions, may be accepted for this purpose, provided the importer shall furnish a statement showing in detail, in such manner as to be readily identified with each entry, the merchandise which he sold to such manufacturer or end-user during such period.

[T.D. 71-139, 36 FR 10727, June 2, 1971]

Notes of Decisions

Cited in 2 cases, 1995–1997 · leading case: Henry Mast Greenhouses, Inc. v. United States, 19 Ct. Int'l Trade 1414 (Ct. Intl. Trade 1995).

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Henry Mast Greenhouses, Inc. v. United States, 19 Ct. Int'l Trade 1414 (Ct. Intl. Trade 1995). · cites it 5× “Interpretation 10(e)(ii); 1 19 CFR § 10.138 . 2 The official documents covering entry of the merchandise, see 28 U.”

Clarendon Mktg., Inc. v. United States, 21 Ct. Int'l Trade 59 (Ct. Intl. Trade 1997). “134 ); (2) maintain records showing the actual use of the merchandise ( 19 C.”

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