19 C.F.R. § 142.25

Discontinuance of immediate delivery privileges

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(a) Authority of port director. The port director may discontinue immediate delivery privileges if the importer:

(1) Has failed repeatedly to file the applicable Customs documentation set forth in § 142.22(b) timely without justification, or

(2) Has not taken prompt action to settle a claim for liquidated damages issued under § 142.27 for failure to file the applicable Customs documentation set forth in § 142.22(b) timely, or a claim for liquidated damages issued under the basic importation and entry bond for failure to deposit estimated duties, taxes and charges timely, as provided in such bond. “Prompt action” means that the importer, within the time specified in a claim for liquidated damages shall petition for relief or pay the amount claimed and, file the applicable documentation and deposit estimated duties, if any.

(3) Has repeatedly delivered documentation required by § 142.22(b) which is incomplete or which contains erroneous information.

(4) Is substantially or habitually delinquent in the payment of Customs bills. See § 142.26.

(b) Brokers; restriction. A broker shall not circumvent an action taken under this section by applying for the immediate release of the importer's merchandise in the broker's name and under the broker's bond.

[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 93-37, 58 FR 30984, May 28, 1993; T.D. 95-77, 60 FR 50020, Sept. 27, 1995]

Notes of Decisions

Cited in 3 cases, 1982–1991 · leading case: Am. Customs Brokers Co. v. United States Customs Serv., 637 F. Supp. 218 (Ct. Intl. Trade 1986).

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Am. Customs Brokers Co. v. United States Customs Serv., 637 F. Supp. 218 (Ct. Intl. Trade 1986). · cites it 4× “5 Defendant argues that this section applies to brokers, as well, and the court agrees. Inasmuch as brokers may obtain special permits under regulations allowing “importers” to be granted immediate delivery privileges, Customs’ argument that the discontinuance provisions of…”

United States v. Matthew Yip, 930 F.2d 142 (2d Cir. 1991). “19 C.F.R. § 142.25 (a)(1) (1990). Customs regulations allow wide latitude in the arrangements brokers may make with their importer clients regarding payment terms.”

Gallagher & Ascher Co. v. Simon, 687 F.2d 1067 (7th Cir. 1982). “7 (a) (1976), now appears substantially unchanged in 19 C.F.R. § 142.25 (a)(1) (1981). Hence, the District Director continues to enjoy the authority to suspend special permits for failure to make timely entry, the very agency action being challenged in the instant case.”

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