19 C.F.R. § 141.69

Applicable rates of duty

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The rates of duty applicable to merchandise shall be the rates in effect at time of entry, as specified in § 141.68, except as otherwise specifically provided for by Executive Order, and in the following cases:

(a) Warehouse entries. Merchandise entered for warehouse is dutiable at the rates in effect at the time withdrawal from warehouse for consumption is made in accordance with § 141.68(g).

(b) Merchandise entered for immediate transportation. Merchandise which is not subject to a quantitative or tariff-rate quota and which is covered by an entry for immediate transportation made at the port of original importation, if entered for consumption at the port designated by the consignee or his agent in such transportation entry without having been taken into custody by the port director for general order under section 490, Tariff Act of 1930, as amended (19 U.S.C. 1490), shall be subject to the rates in effect when the immediate transportation entry was accepted at the port of original importation.

(c) Overcarried merchandise returned to port of entry. If merchandise which has been entered for consumption, but not yet released from Customs custody, is removed from the port or place of intended release because of overcarriage, inaccessibility, strike, act of God, or unforeseen contingency, and is returned to such port or place within 90 days after removal, such merchandise shall be subject to the rates in effect at the time of the original entry, provided the merchandise is identified with the original entry by the usual Customs examination and by any documentary evidence as to its movement between its removal and return which CBP may reasonably require. A new entry shall be required, unless the original entry has not been liquidated and the consignee at the time of original importation and at the time of return is the same person.

[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 79-221, 44 FR 46820, Aug. 9, 1979; T.D. 90-34, 55 FR 17597, Apr. 26, 1990; T.D. 97-82, 62 FR 51771, Oct. 3, 1997]

Notes of Decisions

Cited in 8 cases, 1984–2020 · leading case: Glaxo Wellcome Inc. v. United States, 126 F. Supp. 2d 581 (Ct. Intl. Trade 2000).

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Glaxo Wellcome Inc. v. United States, 126 F. Supp. 2d 581 (Ct. Intl. Trade 2000). · cites it 10× “f this title, if entered for consumption at the port designated by the consignee, or his agent, in such *585 transportation entry without having been taken into the custody of the appropriate customs officer under section 1490 of this title, shall be subject to the rate or rates…”

Dolly, Inc. v. United States, 293 F. Supp. 2d 1340 (Ct. Intl. Trade 2003). “See 19 C.F.R. § 141.69 . 3 . "Of the same kind, class, or nature.”

Janssen Ortho LLC v. United States, 2020 CIT 14 (Ct. Intl. Trade 2020). “See 19 C.F.R. § 141.69 . There are no material differences between the terms of the relevant tariff provisions in the effective editions of the HTSUS.”

Teters Floral Prods. Co., Inc. v. United States, 586 F. Supp. 960 (Ct. Intl. Trade 1984). “19 C.F.R. § 141.69 . Page N. Goffigon v. United States, 24 Cust.”

Dis Vintage LLC v. United States, 2020 CIT 60 (Ct. Intl. Trade 2020). “See 19 C.F.R. § 141.69 . Court No. 16-00013 Page 3 BACKGROUND The action before the court pertains to 443 bales of secondhand clothing imported into the United States (the “subject merchandise”).”

Prysm, Inc. v. United States, 2019 CIT 149 (Ct. Intl. Trade 2019). “See 19 C.F.R. § 141.69 . As of January 1, 2017, subheading 8528.”

The Kalencom Corp. v. United States, 2020 CIT 68 (Ct. Intl. Trade 2020). “See 19 C.F.R. § 141.69 . Court No. 15-00011 Page 3 Plaintiff filed suit challenging Customs’ decision to deny plaintiff’s protests of Customs’ classification under the HTSUS of the jewelry boxes.”

A.D. Sutton & Sons v. United States, 2008 CIT 78 (Ct. Intl. Trade 2008). “See 19 C.F.R. § 141.69 . Of course, for the future, the issue is resolved in the manner asserted by the Government here.”

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