Page:United States Statutes at Large Volume 107 Part 3.djvu/235

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PUBLIC LAW 103-182—DEC. 8, 1993 107 STAT. 2173 " (4) AVAILABILITY OF TESTING PROCEDURE, METHODOLOGIES, AND INFORMATION.— Testing procedxires and methodologies used by the Customs Service, and information resulting from any testing conducted by the Customs Service, shall be made available as follows: "(A) Testing procedures and methodologies shall be made available upon request to any person unless the procedures or methodologies are— "(i) proprietary to the holder of a copjndght or patent related to such procedures or methodologies, or "(ii) developed by the Customs Service for enforcement purposes. "(B) Information resulting from testing shall be made available upon request to the importer of record and any agent thereof unless the information reveals information which is— "(i) proprietary to the holder of a copyright or patent; or "(ii) developed by the Customs Service for enforcement pur{>oses.

    • (5) MISCELLANEOUS PROVISIONS.— For purposes of this

subsection— "(A) any reference to a private laboratory includes a reference to a private ganger; and (B) accreditation of private laboratories extends only to the performance of functions by such laboratories that are within the scope of those responsibilities for determinations of the elements relating to admissibility, quantity, composition, or characteristics of imported merchandise that are vested in, or delegated to, the Customs Service. "(c) DETENTIONS.— Except in the case of merchandise with respect to which the determination of admissibility is vested in an agency other than the Customs Service, the following apply: "(1) IN GENERAL. —Within the 5-day period (excluding weekends and holidays) following the date on which merchandise is presented for customs examination, the Customs Service shall decide whether to release or detain the merchandise. Merchandise which is not released within such 5-day period shall be considered to be detained merchandise. "(2) NOTICE OF DETENTION.—The Customs Service shall issue a notice to the importer or other party having an interest in detained merchandise no later than 5 days, excluding weekends and hoUdays, after the decision to detain the merchandise is made. The notice shall advise the importer or other interested party of— "(A) the initiation of the detention; "(B) the specific reason for the detention; "(C) the anticipated length of the detention; "(D) the nature of the tests or inquiries to be conducted; and "(E) the nature of any information which, if supplied to the Customs Service, may accelerate the disposition of the detention. "(3) TESTING RESULTS.— Upon request by the importer or other party having an interest in detained merchandise, the Customs Service shall provide the party with copies of the