For the purpose of this subpart, merchandise is “permitted” when Customs authorizes the carrier bringing the shipment to the port to make delivery to the consignee or the next carrier and:

1. (a) These parties in interest, or their agents, make a joint determination of the quantities being delivered, or,

2. (b) The carrier bringing the shipment to the port, at its option, independently declares the quantities available for delivery by filing with the port director, no later than the close of business on the next working day after a determination of quantities is made, a signed statement that:

   1. (1) An independent determination of quantities of merchandise available for delivery has been made, with the date of the determination shown;
   2. (2) At least 4 days have elapsed since the consignee or his agent was notified that Customs has authorized delivery; and,
   3. (3) The merchandise was and is available for delivery.