[Federal Register Volume 65, Number 38 (Friday, February 25, 2000)]
[Rules and Regulations]
[Pages 10007-10012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4438]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 151

[T.D. 99-67]
RIN 1515-AB60


Accreditation of Commercial Testing Laboratories; Approval of 
Commercial Gaugers; Correction

AGENCY: Customs Service, Treasury.

ACTION: Final rule; correcting amendments and additions.

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SUMMARY: This document makes certain corrections to the document 
published in the Federal Register that adopted as a final rule, with 
some changes, proposed amendments to the Customs Regulations relating 
to the commercial testing and gauging of imported merchandise. The 
regulations revised the general procedures for: Customs accreditation 
of commercial laboratories; the revocation or suspension of Customs-
accredited laboratories; Customs approval of commercial gaugers; and 
the revocation or suspension of Customs-approved gaugers. The 
corrections in this document involve changes to the Customs Regulations 
pertaining to:
    (1) The time frame within which the Executive Director will issue a 
decision if a laboratory or gauger does not file a response to a 
preliminary notice of nonselection or to a proposed

[[Page 10008]]

revocation or suspension of accreditation or approval;
    (2) The starting point and the length of the waiting period before 
a laboratory or gauger may file a new application after it has received 
final notice that it has not been selected for accreditation or 
approval based on a prior application, or after its accreditation or 
approval has been revoked or suspended; and
    (3) The starting point of the time frame within which a laboratory 
or gauger must file an action with the Court of International Trade if 
the laboratory or gauger chooses to challenge in the Court the decision 
made by the Assistant Commissioner, Office of Field Operations, 
regarding not being selected for accreditation or approval or having 
its accreditation or approval revoked or suspended.
    These changes are made to clarify the procedures when Customs 
issues adverse decisions affecting the accreditation of laboratories 
and the approval of gaugers.

EFFECTIVE DATE: This correction is effective February 25, 2000.

FOR FURTHER INFORMATION CONTACT: Ira Reese, Laboratories & Scientific 
Services, (202) 927-1060; or Marcelino Borges, Laboratories & 
Scientific Services, (202) 927-1137.

SUPPLEMENTARY INFORMATION:

Background

    On September 7, 1999, Customs published in the Federal Register (64 
FR 48528) T.D. 99-67 which adopted as a final rule, with some changes, 
proposed amendments to the Customs Regulations relating to the 
commercial testing and gauging of imported merchandise. The regulations 
revised the general procedures for: Customs accreditation of commercial 
laboratories; the revocation or suspension of Customs-accredited 
laboratories; Customs approval of commercial gaugers; and the 
revocation or suspension of Customs-approved gaugers.
    The final rule document provides laboratories which apply for 
Customs accreditation, but are not selected, and gaugers which apply 
for Customs approval, but are not selected, with two-levels of 
administrative review before allowing reapplication for accreditation 
or approval or further appeal to the Court of International Trade. This 
same reapplication-appeal procedure is also provided for Customs-
accredited laboratories and Customs-approved gauger facilities whose 
status is subsequently suspended or revoked or whose operations are 
subject to monetary penalties. The first-level of administrative review 
of such Customs decision is to the Executive Director, Laboratories & 
Scientific Services, and the second-level of administrative review is 
to the Assistant Commissioner, Office of Field Operations.
    After the administrative review process is completed, the 
regulations provide that a laboratory or gauger receiving an adverse 
agency decision may either submit a new application for accreditation 
or approval after waiting a set time frame (90 days) from the date of 
the Executive Director's last decision, or file an action with the 
Court of International Trade within a certain time frame (60 days) 
after the issuance of the Executive Director's final decision.
    It has come to Customs attention that the Customs Regulations are 
unclear pertaining to:
    (1) The starting point and the length of the waiting period before 
a laboratory or gauger may file a new application after it has received 
final notice that it has not been selected for accreditation or 
approval based on a prior application, or after its accreditation or 
approval has been revoked or suspended; and
    (2) The starting point of the time frame within which a laboratory 
or gauger must file an action with the Court of International Trade if 
the laboratory or gauger chooses to challenge in the Court the decision 
made by the Assistant Commissioner, Office of Field Operations, 
regarding not being selected for accreditation or approval or having 
its accreditation or approval revoked or suspended.
    In addition, the regulations are unworkable regarding the time 
frame within which the Executive Director will issue a decision if a 
laboratory or gauger does not file a response to a preliminary notice 
of nonselection or to a proposed revocation or suspension of 
accreditation or approval.

Filing a New Application

    It has come to Customs attention that the regulations are not clear 
regarding the starting point and the length of the waiting period 
before a laboratory or gauger may file a new application after it has 
received a final notice that it has not been selected for accreditation 
or approval based on a prior application, or after its accreditation or 
approval has been revoked or suspended. This is because the regulations 
do not clearly set forth the procedures Customs contemplated.
    One interpretation of the regulations as they appear in the Federal 
Register dated September 7, 1999, could be that a laboratory or gauger 
who is not selected or whose accreditation or approval is revoked or 
suspended is required to receive the adverse determination from the 
Assistant Commissioner, Office of Field Operations, before being given 
the option of submitting a new application for accreditation or 
approval. Customs did not intend this to be the case.
    Customs contemplated that a laboratory or gauger who is not 
selected or whose accreditation or approval is being revoked or 
suspended may choose to accept the final notice of nonselection or 
notice of adverse determination issued by the Executive Director, not 
appeal to the Assistant Commissioner, and wait a set time frame from 
the Executive Director's decision to reapply for accreditation and 
approval.
    Customs also contemplated that a laboratory or gauger that does 
appeal the nonselection, suspension, or revocation decision of the 
Executive Director to the Assistant Commissioner may accept an adverse 
decision issued by the Assistant Commissioner, wait a set time frame 
from that decision and then reapply for accreditation and approval 
rather than challenge the Assistant Commissioner's decision in the 
Court of International Trade. Unfortunately, while the language in the 
regulations clearly states that a laboratory or gauger that has 
received such an adverse determination by the Assistant Commissioner 
may reapply rather than challenge the decision in the Court of 
International Trade, the regulation states that the starting point of 
the waiting period for reapplying in this instance is the decision of 
the Executive Director, not the decision of the Assistant Commissioner. 
In this instance, the obvious starting point of the waiting period 
should be the Assistant Commissioner's decision.
    In this document, Customs is clarifying that a laboratory or gauger 
receiving a final adverse determination from the Executive Director or 
an adverse determination from the Assistant Commissioner regarding 
accreditation or approval may choose to not further appeal the decision 
and then reapply. The laboratory or gauger may accept the Executive 
Director's final decision, not appeal the decision to the Assistant 
Commissioner, and reapply for accreditation or approval after a set 
time frame, with the date of the Executive Director's final decision 
being the starting point of that time frame. If the laboratory or 
gauger chooses to appeal the Executive Director's final decision to the 
Assistant Commissioner, the laboratory or gauger may choose to

[[Page 10009]]

accept the Assistant Commissioner's decision in the matter, not file an 
action with the Court of International Trade, and reapply for 
accreditation or approval after a set time frame, with the date of the 
Assistant Commissioner's decision being the starting point of that time 
frame.
    Once the clarification is made regarding the option (of a non-
selected laboratory or gauger or a Customs-accredited laboratory or 
Customs-approved gauger which is suspended or revoked) to submit a new 
application rather than appeal the Customs decision at either the 
Executive Director or Assistant Commissioner level, and the 
clarification is made regarding the starting point of the waiting 
periods before a new application can be submitted, it becomes obvious 
that the time frames set forth in the regulations for submitting a new 
application also need to be revised; it was not Customs intention to 
allow the time frame for submitting a new application to be shorter 
than the time frame for following the appeal process.
    Accordingly, Customs is changing the time frames for submitting a 
new application to be as follows:
    (1) If the laboratory or gauger accepts the final adverse decision 
of the Executive Director, the laboratory or gauger may submit a new 
application to the Executive Director 180 days after the date of the 
Executive Director's decision; and
    (2) If the laboratory or gauger appeals the final adverse decision 
of the Executive Director to the Assistant Commissioner, but accepts an 
adverse appeal decision issued by the Assistant Commissioner, the 
laboratory or gauger may submit a new application to the Executive 
Director 120 days after the date of the Assistant Commissioner's 
decision.

Filing an Action With the Court of International Trade

    It has also come to Customs attention that the regulations are not 
clear that Customs contemplated that a laboratory or gauger must 
exhaust its administrative remedies before it may file an action with 
the Court of International Trade regarding an adverse accreditation or 
approval determination. In other words, a laboratory or gauger may not 
file an action with the Court of International Trade until it has 
received an adverse determination issued by the Assistant Commissioner, 
Office of Field Operations. This correction seeks to clarify that 
point.
    In addition, this correction also changes the starting point of the 
time frame within which a laboratory or gauger must file an action with 
the Court of International Trade if the laboratory or gauger chooses to 
challenge in the Court a decision made by the Assistant Commissioner 
regarding not being selected for accreditation or approval or regarding 
having its accreditation or approval revoked or suspended. As 
published, the regulations state that the starting point of the 60-day 
time frame begins with the issuance of the Executive Director's notice 
of final action or decision. This procedure is not workable since the 
laboratory or gauger must receive the adverse decision issued by the 
Assistant Commissioner before it can file an action with the court. The 
Executive Director's decision is made prior to the Assistant 
Commissioner's. Accordingly, the starting point of the time frame 
within which a laboratory or gauger must file an action with the Court 
of International Trade is corrected to be the adverse decision issued 
by the Assistant Commissioner.

Issuance of a Final Decision by the Executive Director

    The regulations provide that laboratories not expected to be 
selected for accreditation, gaugers not expected to be selected for 
approval, laboratories whose accreditation may be revoked or suspended, 
and gaugers whose approval may be revoked or suspended will be notified 
in writing by a preliminary notice of Customs proposed action in the 
matter and that the notice will state that the laboratory and gauger 
has the option of filing a response with the Executive Director within 
30 calendar days.
    The regulations further provide that if the laboratory or gauger 
does not respond to the preliminary notice, the Executive Director will 
issue after 30 calendar days of the laboratory or gauger's receipt of 
the preliminary notice a final notice of adverse determination in the 
case of a proposed suspension or revocation, or a final notice of 
nonselection in the case of a nonselection.
    Clearly, this is administratively infeasible. If Customs must wait 
30 days to receive a response, Customs cannot within the same time 
frame send out a notice based on a nonresponse informing the laboratory 
or gauger of its decision. Customs must provide the full 30 days for a 
laboratory or gauger to send in a response, and then if no response is 
received, have time to prepare the final notice of adverse 
determination or final notice of nonselection.
    Customs believes that it should have 30 additional days to send a 
final notice of adverse determination or final notice of nonselection 
to a laboratory or gauger after the laboratory or gauger's 30-day 
response period has expired. This 60-day time frame for Customs to send 
out a final notice of adverse determination or final notice of 
nonselection is consistent with the 60-day time frame that Customs has 
to issue these notices if a laboratory or gauger does respond to the 
preliminary notice.
    The regulations are changed accordingly to reflect that the 
Executive Director has 60 days from the date the preliminary notice was 
received by the laboratory or gauger to issue a final notice of 
nonselection or final notice of adverse determination if the laboratory 
or gauger does not respond to a preliminary notice.

Corrected Paragraphs

    The corrections made to the laboratory regulations are in 
paragraphs (g) and (k) of Sec. 151.12. The corrections made to the 
gauger regulations are in paragraphs (e) and (i) of Sec. 151.13. 
Because of the breadth of these corrections and to make their 
application clear, the affected sections identified above are 
republished below.

Correction of Publication

    In the document published in the Federal Register as T.D. 99-67 on 
September 7, 1999 (64 FR 48528):
    1. On pages 48536 and 48537, in Sec. 151.12, paragraphs (g)(1) and 
(g)(3) are corrected to read as follows:


Sec. 151.12  Accreditation of commercial laboratories.

* * * * *
    (g) How will an applicant be notified concerning accreditation?
    (1) Notice of accreditation or nonselection. When Customs 
evaluation of a laboratory's credentials is completed, the Executive 
Director will notify the laboratory in writing of its preliminary 
accreditation or nonselection. (Final accreditation determinations will 
not be made until the applicant has satisfied all bond requirements and 
made payment on all assessed charges and the balance of the applicable 
accreditation fee). All final notices of accreditation, 
reaccreditation, or extension of existing Customs accreditation will be 
published in the Federal Register and Customs Bulletin.
    (2) * * *
    (3) Adverse accreditation decisions; appeal procedures.
    (i) Preliminary notice. A laboratory which is not selected for 
accreditation will be sent a preliminary notice of

[[Page 10010]]

nonselection. The preliminary notice of nonselection will state the 
specific grounds for the proposed nonselection decision and advise the 
laboratory that it may file a response addressing the grounds for the 
action proposed with the Executive Director within 30 calendar days of 
the date the preliminary notice of nonselection was received by the 
laboratory.
    (ii) Final notice. (A) Based on nonresponse. If the laboratory does 
not respond to the preliminary notice, the Executive Director will 
issue a final notice of nonselection within 60 calendar days of the 
date the preliminary notice of nonselection was received by the 
laboratory applicant. The final notice of nonselection will state the 
specific grounds for the nonselection and advise the laboratory that it 
may choose to pursue one of the following two options:
    (1) Submit a new application for accreditation, in accordance with 
the provisions of paragraph (f)(1) of this section, 180 days after the 
date of the final notice of nonselection; or
    (2) Administratively appeal the final notice of nonselection to the 
Assistant Commissioner within 30 calendar days of the date of the final 
notice of nonselection.
    (B) Based on response. If the laboratory files a timely response, 
the Executive Director will issue a final determination regarding the 
laboratory's accreditation within 30 calendar days of the date the 
applicant's response is received by the Executive Director. If this 
final determination is adverse to the laboratory, then the final notice 
of nonselection will state the specific grounds for nonselection and 
advise the laboratory that it may choose to pursue one of the two 
options provided at paragraphs (g)(3)(ii)(A)(1) and (2) of this 
section.
    (iii) Appeal decision. The Assistant Commissioner will issue a 
decision on the appeal within 30 calendar days of the date the appeal 
is received. If the appeal decision is adverse to the laboratory, then 
the decision notice will advise the laboratory that it may choose to 
pursue one of the following two options:
    (A) Submit a new application for accreditation, in accordance with 
the provisions of paragraph (f)(1) of this section, 120 days after the 
date of the appeal decision; or
    (B) File an action with the Court of International Trade, pursuant 
to chapter 169 of title 28, United States Code, within 60 days of the 
date of the appeal decision.
    2. On pages 48538 and 48539, in Sec. 151.12, paragraphs (k)(2) and 
(k)(3) are corrected and paragraph (k)(4) is added to read as follows:


Sec. 151.12  Accreditation of commercial laboratories.

* * * * *
    (k) How can a laboratory have its accreditation suspended or 
revoked or be required to pay a monetary penalty?
    (1) * * *
    (2) Notice of adverse action. When a decision to suspend or revoke 
accreditation, and/or assess a monetary penalty is made, the Executive 
Director will immediately notify the laboratory in writing, indicating 
whether the action is effective immediately or is proposed.
    (i) Immediate suspension or revocation. Where the suspension or 
revocation of accreditation is immediate, the Executive Director will 
issue a final notice of adverse determination. The final notice of 
adverse determination will state the specific grounds for the immediate 
suspension or revocation, direct the laboratory to cease performing any 
Customs-accredited functions, and advise the laboratory that it may 
choose to pursue one of the following two options:
    (A) Submit a new application for accreditation, in accordance with 
the provisions of paragraph (f)(1) of this section, 180 days after the 
date of the final notice of adverse determination; or
    (B) Administratively appeal the final notice of adverse 
determination to the Assistant Commissioner within 30 calendar days of 
the date of the final notice of adverse determination.
    (ii) Proposed suspension, revocation, or assessment of monetary 
penalty.
    (A) Preliminary notice. Where the suspension or revocation of 
accreditation, and/or the assessment of a monetary penalty is proposed, 
the Executive Director will issue a preliminary notice of proposed 
action. The preliminary notice of proposed action will state the 
specific grounds for the proposed action, inform the laboratory that it 
may continue to perform those functions requiring Customs-accreditation 
until the Executive Director's final notice is issued, and advise the 
laboratory that it may file a response addressing the grounds for the 
action proposed with the Executive Director within 30 calendar days of 
the date the preliminary notice of proposed action was received by the 
laboratory. The laboratory may respond by accepting responsibility, 
explaining extenuating circumstances, and/or providing rebuttal 
evidence. The laboratory also may ask for a meeting with the Executive 
Director or his designee to discuss the proposed action.
    (B) Final notice.
    (1) Based on nonresponse. If the laboratory does not respond to the 
preliminary notice of proposed action, the Executive Director will 
issue a final notice of adverse determination within 60 calendar days 
of the date the preliminary notice of proposed action was received by 
the laboratory. The final notice of adverse determination will state 
the specific grounds for the adverse determination, direct the 
laboratory to cease performing any Customs-accredited functions, and 
advise the laboratory that it may choose to pursue one of the two 
options provided at paragraphs (k)(2)(i)(A) and (B) of this section.
    (2) Based on response. If the laboratory files a timely response, 
the Executive Director will issue a final determination regarding the 
status of the laboratory's accreditation within 30 calendar days of the 
date the laboratory's response is received by the Executive Director. 
If this final determination is adverse to the laboratory, then the 
final notice of adverse determination will state the specific grounds 
for the adverse action, advise the laboratory to cease performing any 
functions requiring Customs accreditation, and advise the laboratory 
that it may choose to pursue one of the two options provided at 
paragraphs (k)(2)(i)(A) and (B) of this section.
    (3) Publication of final notices of adverse determination. Any 
final notices of adverse determination issued by the Executive Director 
resulting in a laboratory being directed to cease performing Customs-
accredited functions will be published in the Federal Register and 
Customs Bulletin and the notice published will include the effective 
date, duration, and scope of the determination.
    (4) Appeal decision. The Assistant Commissioner will issue a 
decision on the appeal within 30 calendar days of the date the appeal 
is received. If the appeal decision is adverse to the laboratory, then 
the decision notice will advise the laboratory that it may choose to 
pursue one of the following two options:
    (i) Submit a new application for accreditation, in accordance with 
the provisions of paragraph (f)(1) of this section, 120 days after the 
date of the appeal decision; or
    (ii) File an action with the Court of International Trade, pursuant 
to chapter 169 of title 28, United States Code, within 60 days of the 
date of the appeal decision.

[[Page 10011]]


    3. On pages 48540 and 48541, in Sec. 151.13, paragraphs (e)(1) and 
(e)(3) are corrected to read as follows:


Sec. 151.13  Approval of commercial gaugers.

* * * * *
    (e) How will an applicant be notified concerning approval?
    (1) Notice of approval or nonselection. When Customs evaluation of 
a gauger's credentials is completed, the Executive Director will notify 
the gauger in writing of its preliminary approval or nonselection. 
(Final approval determinations will not be made until the applicant has 
satisfied all bond requirements and made payment on all assessed 
charges and the balance of the applicable approval fee). All final 
notices of approval, reapproval, or extension of existing Customs 
approval will be published in the Federal Register and Customs 
Bulletin.
    (2) * * *
    (3) Adverse approval decisions; appeal procedures.
    (i) Preliminary notice. A gauger which is not selected for approval 
will be sent a preliminary notice of nonselection. The preliminary 
notice of nonselection will state the specific grounds for the proposed 
nonselection decision and advise the gauger that it may file a response 
addressing the grounds for the action proposed with the Executive 
Director within 30 calendar days of the date the preliminary notice of 
nonselection was received by the gauger.
    (ii) Final notice. (A) Based on nonresponse. If the gauger does not 
respond to the preliminary notice, the Executive Director will issue a 
final notice of nonselection within 60 calendar days of the date the 
preliminary notice of nonselection was received by the gauger 
applicant. The final notice of nonselection will state the specific 
grounds for the nonselection and advise the gauger that it may choose 
to pursue one of the following two options:
    (1) Submit a new application for approval, in accordance with the 
provisions of paragraph (d)(1) of this section, 180 days after the date 
of the final notice of nonselection; or
    (2) Administratively appeal the final notice of nonselection to the 
Assistant Commissioner within 30 calendar days of the date of the final 
notice of nonselection.
    (B) Based on response. If the gauger files a timely response, the 
Executive Director will issue a final determination regarding the 
gauger's approval within 30 calendar days of the date the applicant's 
response is received by the Executive Director. If this final 
determination is adverse to the gauger, then the final notice of 
nonselection will state the specific grounds for nonselection and 
advise the gauger that it may choose to pursue one of the two options 
provided at paragraphs (e)(3)(ii)(A)(1) and (2) of this section.
    (iii) Appeal decision. The Assistant Commissioner will issue a 
decision on the appeal within 30 calendar days of the date the appeal 
is received. If the appeal decision is adverse to the gauger, then the 
decision notice will advise the gauger that it may choose to pursue one 
of the following two options:
    (A) Submit a new application for approval, in accordance with the 
provisions of paragraph (d)(1) of this section, 120 days after the date 
of the appeal decision; or
    (B) File an action with the Court of International Trade, pursuant 
to chapter 169 of title 28, United States Code, within 60 days of the 
date of the appeal decision.

    4. On pages 48542 and 48543, in Sec. 151.13, paragraphs (i)(2) and 
(i)(3) are corrected and paragraph (i)(4) is added to read as follows:


Sec. 151.13  Approval of commercial gaugers.

* * * * *
    (i) How can a gauger have its approval suspended or revoked or be 
required to pay a monetary penalty?
    (1) * * *
    (2) Notice of adverse action. When a decision to suspend or revoke 
approval, and/or assess a monetary penalty is made, the Executive 
Director will immediately notify the gauger in writing, indicating 
whether the action is effective immediately or is proposed.
    (i) Immediate suspension or revocation. Where the suspension or 
revocation of approval is immediate, the Executive Director will issue 
a final notice of adverse determination. The final notice of adverse 
determination will state the specific grounds for the immediate 
suspension or revocation, direct the gauger to cease performing any 
Customs-approved functions, and advise the gauger that it may choose to 
pursue one of the following two options:
    (A) Submit a new application for approval, in accordance with the 
provisions of paragraph (d)(1) of this section, 180 days after the date 
of the final notice of nonselection; or
    (B) Administratively appeal the final notice of adverse 
determination to the Assistant Commissioner within 30 calendar days of 
the date of the final notice of adverse determination.
    (ii) Proposed suspension, revocation, or assessment of monetary 
penalty.
    (A) Preliminary notice. Where the suspension or revocation of 
approval, and/or the assessment of a monetary penalty is proposed, the 
Executive Director will issue a preliminary notice of proposed action. 
The preliminary notice of proposed action will state the specific 
grounds for the proposed action, inform the gauger that it may continue 
to perform those functions requiring Customs-approval until the 
Executive Director's final notice is issued, and advise the gauger that 
it may file a response addressing the grounds for the action proposed 
with the Executive Director within 30 calendar days of the date the 
preliminary notice of proposed action was received by the gauger. The 
gauger may respond by accepting responsibility, explaining extenuating 
circumstances, and/or providing rebuttal evidence. The gauger also may 
ask for a meeting with the Executive Director or his designee to 
discuss the proposed action.
    (B) Final notice.
    (1) Based on nonresponse. If the gauger does not respond to the 
preliminary notice of proposed action, the Executive Director will 
issue a final notice of adverse determination within 60 calendar days 
of the date the preliminary notice of proposed action was received by 
the gauger. The final notice of adverse determination will state the 
specific grounds for the adverse determination, direct the gauger to 
cease performing any Customs-approved functions, and advise the gauger 
that it may choose to pursue one of the two options provided at 
paragraphs (i)(2)(i)(A) and (B) of this section.
    (2) Based on response. If the gauger files a timely response, the 
Executive Director will issue a final determination regarding the 
status of the gauger's approval within 30 calendar days of the date the 
gauger's response is received by the Executive Director. If this final 
determination is adverse to the gauger, then the final notice of 
adverse determination will state the specific grounds for the adverse 
action, advise the gauger to cease performing any functions requiring 
Customs approval, and advise the gauger that it may choose to pursue 
one of the two options provided at paragraphs (i)(2)(i))(A) and (B) of 
this section.
    (3) Publication of final notices of adverse determination.
    Any final notices of adverse determination issued by the Executive 
Director resulting in a gauger being directed to cease performing 
Customs-approved functions will be published in the Federal Register 
and Customs Bulletin and the notice published will include the 
effective date, duration, and scope of the determination.

[[Page 10012]]

    (4) Appeal decision. The Assistant Commissioner will issue a 
decision on the appeal within 30 calendar days of the date the appeal 
is received. If the appeal decision is adverse to the gauger, then the 
decision notice will advise the gauger that it may choose to pursue one 
of the following two options:
    (i) Submit a new application for approval, in accordance with the 
provisions of paragraph (d)(1) of this section, 120 days after the date 
of the appeal decision; or
    (ii) File an action with the Court of International Trade, pursuant 
to chapter 169 of title 28, United States Code, within 60 calendar days 
of the date of the appeal decision.

    Dated: February 18, 2000.
Stuart P. Seidel,
Assistant Commissioner, Office of Regulations and Rulings.
[FR Doc. 00-4438 Filed 2-24-00; 8:45 am]
BILLING CODE 4820-02-P