CBP Directive No. 3820-001B
ORIGINATING OFFICE: OIT:LS
DISTRIBUTION: S-01
CBP DIRECTIVE NO. 3820-001B
DATE: MAY 1, 2007
SUPERSEDES: CD 3820-001A, 5/20/99
REVIEW DATE: MAY 2010
1.1 To revise the sampling requirements for raw sugar received in bags and to include instruction for sampling 'Panella' type products. The sampling rate for bulk sugar will not change.
1.2 To provide Customs and Border Protection Officers with timely, accurate, uniform, technical information needed for raw sugar quota quantity calculations and allocations.
2.1 Raw sugar shall be sampled at the rate of one sample for each 2,100,000 pounds (952,544 kilograms) of raw sugar. Most sugar refiners have automatic sugar sampling equipment that has been found to be acceptable for Customs and Border Protection (CBP) raw sugar sampling purposes.
3.1 19 U.S.C. 1499
4.1 A 'bag of sugar' means a bag containing 110 pounds (50 kilograms) of raw sugar.
4.2 The 'out-turn' quantity means the actual landed weight of raw sugar and is determined by commercial sugar weighers.
5.1 All Directors, Field Operations and all Port Directors are responsible for implementing this Directive, and for disseminating this information to the public.
5.2 All Directors, Field Operations are responsible for ensuring Port compliance with this Directive.
5.3 All Port Directors are responsible for implementing procedures to ensure timely delivery of raw sugar samples to the servicing laboratory.
5.4 Laboratory Directors are responsible for providing CBP Officers in their laboratory's service area with technical guidance for implementing this Directive.
6.1 The raw sugar sample shall completely and compactly fill the special raw sugar containers provided by commercial sugar weighers contracted by the importer to weigh and sample the sugar. That will ensure the moisture composition of the sample remains constant between the time of sampling and that of testing. Loss of sample moisture will result in high test results that cause incorrect sugar quantity calculations. If, for some reason, the sugar containers are unavailable from the sugar weighers, the servicing CBP laboratory may supply the containers.
6.2 The minimum quantity of the raw sugar sample shall be approximately one pound or 450 grams, and will be placed in a container that has a tight fitting screw cap. Plastic insulating tape should be placed around the joint of the container and the screw cap to seal the container. This will further ensure that the moisture content of the sugar sample is maintained.
6.3 Raw sugar in bulk shall be sampled as follows: take one sample for each 2,100,000 pounds (952,544 kilograms) of raw sugar.
6.4 Raw sugar in bags shall be sampled as follows: take one sample from each 25,000 kilograms or five samples from five randomly chosen bags, whichever is greater.
6.5 Panella sugar shall be sampled as follows: take one sample of each shape of product (e.g., block, disk, cone, etc.).
6.6 Each sample container shall be marked with the appropriate entry number and the quantity of raw sugar, in pounds or kilograms, that it represents.
6.7 The last sample container in an entry shall be so identified by marking the container with the following information:
6.7.1 The entry number.
6.7.2 The entry date, vessel name, importer name, total number of sample cans, and name of person, with telephone number, to contact if there should be questions about the samples.
6.7.3 The words “LAST SAMPLE.”
6.7.4 The quantity of raw sugar that the sample represents in pounds or kilograms.
6.7.5 The out-turn quantity, in pounds or kilograms, of the raw sugar for the entry.
6.7.6 Whether the entry is quota or for re-export.
6.8 Raw sugar samples shall be sent to the servicing laboratory by the next business day after the shipment is off-loaded.
6.9 The servicing laboratory shall send a laboratory report to the Import Specialist for duty assessment purposes ONLY.
6.10 Field Import Specialists shall not send a calculated raw sugar value to the Headquarters Quota Branch. They will, however, continue the timely input of other quota information in the ACE quota module.
6.11 Laboratory tests results will be electronically retrieved by Laboratories and Scientific Services, Headquarters, using data query procedures. These results shall contain the out-turn quantity of raw sugar, polarization degree, calculated factor and calculated raw sugar value for the entry.
6.12 Laboratories and Scientific Services will transmit to the Headquarters Quota Branch, the laboratory tests results, including the raw sugar value for the entry, based on the out-turn quantity of the shipment.
6.13 ACE quota system will update the records automatically as the factor is constant for each country and applied at transaction.
7.1 No justifiable complaints were received by Laboratories and Scientific Services from other CBP offices or from importers concerning tardiness in the reporting of raw sugar values.
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