Sec. 146.52 Manipulation, manufacture, exhibition or destruction;
Customs Form 216.
(a) Application. Prior to any action, the operator shall file with
the port director an application (or blanket application) on Customs
Form 216 for permission to manipulate, manufacture, exhibit, or destroy
merchandise in a zone. After Customs approves the application (or
blanket application), the operator will retain in his recordkeeping
system the approved application.
(b) Approval. (1) The port director shall approve the application
unless (i) the proposed operation would be in violation of law or
regulation; (ii) the place designated for its performance is not
suitable for preventing confusion of the identity or status of the
merchandise, or for safeguarding the revenue; (iii) the port director is
not satisfied that the destruction will be effective; or (iv) the
Executive Secretary of the Board has not granted approval of a new
manufacturing operation.
(2) The port director is authorized to approve a blanket application
for a period of up to one year for a continuous or repetitive operation.
The port director may disapprove or revoke approval of any application,
or may require the operator to file an individual application.
(c) Appeal of adverse ruling. If an approved application is
subsequently rescinded by the port director for any reason, the
applicant or grantee may appeal the adverse ruling pursuant to the
hearing provisions of Sec. 146.82(b)(2). The rescission shall remain in
effect pending the decision on the appeal.
(d) Report results--(1) Separate application. The operator shall
report on Customs Form 216 the results of an approved manipulation,
manufacture, exhibition, or certification of destruction (other than by
a blanket application), unless the port director chooses physically to
supervise the operation.
(2) Blanket application. The operator shall maintain a record of an
approved manipulation, manufacture, exhibition, or certification of
destruction, in its inventory control and recordkeeping system so as to
provide an accounting and audit trail of the merchandise through the
approved operation.
(e) Destruction. The port director may permit destruction to be done
outside the zone, in whole or in part and at the risk and expense of the
applicant, and under such conditions as are necessary to protect the
revenue, if proper destruction cannot be accomplished within the zone.
Any residue from the destruction within a zone, which is determined to
be without commercial value, may be removed to Customs territory for
disposal.