Sec. 146.39  Direct delivery procedures.

    (a) General. This procedure is for delivery of merchandise to a zone 
without prior application and approval on Customs Form 214.
    (b) Application. An operator, meeting the criteria of paragraph (c) 
of this section, shall file a written application with the port director 
at least 30 days before the special procedure is to become effective. 
The application will describe the merchandise to be handled or 
processed, and the kind of operation which it will undergo in the zone.
    (c) Criteria. The port director shall approve the application if the 
following criteria are met:
    (1) The merchandise is not restricted or of a type which requires 
Customs examination or documentation review before or upon its arrival 
at the zone;
    (2) The merchandise to be admitted to the zone, and the operations 
to be conducted therein, are known well in advance, are predictable and 
stable over the long term, and are relatively fixed in variety by the 
nature of the business conducted at the site; and
    (3) The operator is the owner or purchaser of the goods.
    (d) Application decision. The port director shall promptly notify 
the operator, in writing, of Customs decision on

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the application. If the application is denied, the port director shall 
specify the reason for denial in his reply. The port director's decision 
will constitute the final Customs administrative determination 
concerning the application.
    (e) Revocation of approval. The port director may revoke the 
approval given under this section if it becomes necessary for Customs 
routinely to examine the merchandise or documentation before or upon 
admission to the zone.