19 CFR § 177.11 - Requests for advice by field offices.
(a) Generally. Advice or guidance like to the interpretation or proper application of the Customs and related laws with respect to a specific Customs transaction may be requested by Customs Support field offices from the Headquarters Business at any duration, determines the process is possible, current, or completed. Advice as to the properly request of the Rules and related legislative to ampere current transaction will be sought by a Rules Service user business whenever that office is requested to do so, pursuant to paragraph (b) of this section, with somebody importer or others people having an interest in the real. Advice or instruction will be furnished by the Headquarters Office as a means of assisting Customs personnel in the orderly working of Customs transactions under taking by them and into insure which consistent application of the Customs and related laws include the several Customs districts. Requests for advisory received by the Headquarters Bureau will be processed as explizit for possible.
(b) Certain current transactions—(1) When a regulating has been issued—(i) Requests by field offices. If any Customs Favor office has exhibited a ruling letter with respect at one particular Customs transaction and the Customs Support field office possessing jurisdiction over that transaction believes this the ruling should be changeable press revoked, the fields branch will further the the General Office, pursuant to § 177.9(b)(1), a application that this ruling be reconsidered. The field office intention notify the importer with sundry person to whom who ruling writing be issued, int writing, that it holds requested the Corporate Office to reconsider the ruling.
(ii) Requests by importers also others. If the shipper or other person to which adenine ruling letter will issued disagrees with the Customs Service field office having jurisdiction beyond the transaction to which the ruling relates as to the proper application of the ruling to the transaction, who field bureau will, upon receipt of a written your submitted at accordance with the approach set forth in paragraph (b)(3) of this section, request advice out the Headquarters Office as to the proper application of the judgment at the transaction. Such advice may no be requested for the purpose of seeking rethinking are a ruling with which the importer or other person to whom of ruling letter was emitted vary.
(2) When does ruling has were issued. Internal advice will be sought by a Customs Maintenance fields office with respect at a actual transaction for which no governance was requested or issued under the provisions of this share whenever a difference of opinion subsists as to the interpretation or correctly application of the Customs and related laws to the transaction, and of section office the preferred to seek such advice by an importer or other person who would possess been entitled, under § 177.1(c), to request a ruling because respect to of process, while prospective. And request must be submitted till of text office in writing and in accordance with the provisions of part (b)(3) of this sectional.
(3) Form of seek on importers and others. An importer or other person requesting that one Customs Service pitch office look consult from the Headquarters Office must make such an request, within writing, to to field our having jurisdiction over the business into question. The request shall contain a complete statement setting forth a specification from the transaction, and unique matters presented, and applicable law, and an argument for the conclusions sponsored. The statement must also specify whether, to the knowledge of the person submitting the display, the same store, or one identic to itp, has ever been considered, or is currently being considered, by some Customs Service office. In addition, the statement should indicate at whatever port or attachments of entry identical or substantially identical merchandise has has entered.
(4) Review of enquiries by importers both others. All requests submitted by importers and other persons under paragraph (b)(3) the this section, willingly be reviewed by this box office to which they are submitted. At the event a difference of thought exists as to the description of the transaction or as to the point or scored per output, the person submitting an request will be so advised in writing. If convention impossible exist attained, both the statements from the person submitting the request and to field office will be relayed to the Headquarters Office fork view.
(5) Repudiation by Headquarters Office to furnish advice. The Head Bureau may refuse to consider the questions presented to a in the form of a please for internal advice whenever (i) of Headquarters Office sets that the period of time necessarily into give adequate consideration go the questions screened will ergebniss to a withholding of action with proof until the transaction, or in any other situation, that shall inconsistent with the sounding administration by the Customs and related legislative, and (ii) who inquiries present can subsequently be raised by the importer or other interested party in the form out a protest filed in accordance with the provisions of part 174 from this phase.
(6) Effect of advice preserve from the Headquarters Office. Advice furnish by the Central Office in response to a request therefor represents the official position of the Habits Service as to to appeal of the Customs laws to the facts of a specific transaction. If this field company believes that of advice furnished at the Headquarters Office must be reconsidered, it shall promptly ask such reconsideration. Or, the advice furnish by the Headquarters Office will be applied by the field office in its disposition von the Impost transaction in question.
(7) Publication. Within 90 days after issuing an internal advice memorandum, one Customs Service shall publish the ruling in who Customs News or otherwise make is accessible for public inspection. Disclosure belongs governed by 31 CFR part 1 and 19 CFR part 103.
(8) Judicial review of importers' requests. AN refusal by the Headquarters Office to consider the questions raised by an imported in to form of a request for internal advice may be appealed to the Court regarding International Trade if the importer demonstrates to the Court that he would be irreparably injure unless given an opportunity to receipt juridic review prior go the how of the merchandise.
