19 C.F.R. § 12.4
Exportation
The exportation of merchandise, the subject of § 12.1, refused admission into the United States in accordance with regulations applicable thereto shall be under Customs supervision in accordance with the regulations set forth in §§ 18.25 and 18.26 of this chapter.
Notes of Decisions
Cited in 4
cases, 1985–1989 · leading case: United States v. Cont'l Seafoods, Inc., 672 F. Supp. 1481 (Ct. Intl. Trade 1987).
United States v. Cont'l Seafoods, Inc., 672 F. Supp. 1481 (Ct. Intl. Trade 1987). “§ 381 (a) which authorizes the Secretary of the Treasury to destroy adulterated food unless exported under the prescribed regulations, see 19 C.F.R. §§ 12.4 , 12.5, 18.25, 18.26 (1987), within ninety days of the date of notice of refusal of admission.”
United States v. Toshoku Am., Inc., 670 F. Supp. 1006 (Ct. Intl. Trade 1987). “19 C.F.R. § 12.4 provides that any such merchandise re *1009 fused admission shall be exported under Customs supervision in accordance with 19 G.”
United States v. Toshoku Am., Inc., 879 F.2d 815 (Fed. Cir. 1989). “In its decision, the Court of International Trade determined that 19 C.F.R. § 12.4 created an affirmative obligation to export prohibited merchandise in accordance with 19 C.”
United States v. India Food & Gourmet, & Peerless Ins. Co., 9 Ct. Int'l Trade 171 (Ct. Intl. Trade 1985). “Plaintiff has cited a regulation, 19 CFR § 12.4 , which requires that exportation be conducted under Customs supervision, but paragraph 7 of the bond, and Customs letters and memoranda seem to indicate that destruction may be substituted for exportation.”
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