Page:United States Statutes at Large Volume 107 Part 3.djvu/236

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107 STAT. 2174 PUBLIC LAW 103-182—DEC. 8, 1993 results of any testing conducted by the Customs Service on the mercheuidise and a description of the testing procedures and methodologies (unless such procedures or methodologies are proprietary to the holder of a copyright or patent or were developed by the Customs Service for enforcement purposes). The results and test description shall be in sufficient detail to permit the duplication and analysis of the testing and the results. "(4) SEIZURE AND FORFEITURE. — If otherwise provided by law, detained merchandise may be seized and forfeited.

    • (5) EFFECT OF FAILURE TO MAKE DETERMINATION. —
    • (A) The failure by the Customs Service to make a

final determination with respect to the admissibility of detained merchandise within 30 days after the merchandise has been presented for customs examination, or such longer period if specifically authorized by law, shall be treated as a decision of the Customs Service to exclude the merchandise for purposes of section 514(a)(4). "(B) For purposes of section 1581 of title 28, United States Code, a protest against the decision to exclude the merchandise which has not been allowed or denied in whole or in part before the 30th day after the day on which the protest was filed shall be treated as having been denied on such 30th day. "(C) Notwithstanding section 2639 of title 28, United States Code, once an action respecting a detention is commenced, unless the Customs Service establishes by a preponderance of the evidence that an admissibility decision has not been reached for good cause, the court shall grant the appropriate relief which may include, but is not limited to, an order to cancel the detention and release the merchandise. ". 19 USC 1499 (b) EXISTING LABORATORIES.— Accreditation under section note. 499(b) of the Tariff Act of 1930 (as added by subsection (a)) is not required for any private laboratory (including any ganger) that was accredited or approved by the Customs Service as of the day before the date of the enactment of this Act; but any such laboratory is subject to reaccreditation under the provisions of such section and the regulations promulgated thereunder. SEC. 614. RECORDKEEPING. Section 608 (19 U.S.C. 1508) is amended— (1) by amending subsection (a) to read as follows: "(a) REQUIREMENTS. —Any—

  • (1) owner, importer, consignee, importer of record, entry

filer, or other party who— Claims. "(A) imports merchandise into the customs territory of the United States, files a drawback claim, or transports or stores merchandise carried or held under bond, or "(B) knowingly causes the importation or transportation or storage of merchandise carried or held under bond into or from the customs territory of the United States; "(2) agent of any party described in paragraph (1); or "(3) person whose activities require the filing of a declaration or entry, or both;