C.F.R. » Title 19 » CHAPTER I—U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY › PART 127—GENERAL ORDER, UNCLAIMED, AND ABANDONED MERCHANDISE › Subpart A—General Order Merchandise

19 C.F.R. § 127.1

Merchandise considered general order merchandise

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Merchandise shall be considered general order merchandise when it is taken into the custody of the port director and deposited in the public stores or a general order warehouse at the risk and expense of the consignee for any of the following reasons:

(a) Whenever entry of any imported merchandise is not made within the time provided by law or regulations prescribed by the Secretary of the Treasury.

(b) Whenever entry is incomplete because of failure to pay estimated duties.

(c) Whenever, in the opinion of the port director, entry cannot be made for want of proper documents or other causes.

(d) Whenever the port director believes that any merchandise is not correctly or legally invoiced.

(e) Whenever, at the request of the consignee or the owner or master of the vessel or person in charge of the vehicle in which merchandise is imported, any merchandise is taken possession of by the port director after the expiration of 1 day after entry of the vessel or report of the vehicle.

Notes of Decisions
Cited in 3 cases, 1985–1998 · leading case: Commodities Recovery Corp. v. United States, 34 Fed. Cl. 282 (Fed. Cl. 1995).
Sort: Relevance Newest Treatment
Commodities Recovery Corp. v. United States, 34 Fed. Cl. 282 (Fed. Cl. 1995). · cites it 2× “§ 1490 (b) & (c); 19 C.F.R. § 127.1 (b). Any unentered merchandise which remains in a bonded warehouse for more than one year from the date of its importation, without the accrued duties and other applicable charges having been paid, is considered unclaimed and abandoned.”
Interport Inc v. Magaw, John, 135 F.3d 826 (D.C. Cir. 1998). · cites it 2× “§ 1490(b); 19 C.F.R. § 127.1 (e). Any such merchandise that remains in storage “for 6 months from the date of importation thereof, without all estimated taxes, duties, fees, interest, storage, or other charges thereon having been paid, [is] considered unclaimed and abandoned.”
Bielass v. New England Safe Sys., Inc., 617 F. Supp. 682 (D. Mass. 1985). “§ 1490 (a) (when entry is not made in a timely manner, the customs officer “shall take the merchandise into his custody and send it to a bonded warehouse or public store, to be held at the risk and expense of the consignee until entry is made or completed and the proper…”
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