113.38—Delinquent sureties.
(a) Acceptance as surety when in default as principal on another Customs bond.
No person shall be accepted as surety on any Customs bond while in default as principal on any other Customs bond.
(b) Acceptance as surety when in default as surety on another Customs bond.
A surety on a Customs bond which is in default may be accepted as surety on other Customs bonds only to the extent that the surety assets are unencumbered by the default.
(c)
(1) Nonacceptance of bond by port director.
A port director may refuse to accept a bond secured by an individual or corporate surety when the surety, without just cause, is significantly delinquent either in the number of outstanding bills or dollar amounts thereof. If the port director believes that a substantial question of law exists as to whether a breach of bond obligation has occurred he should request internal advice under the provisions of § 177.11 from the Director, Border Security and Trade Compliance Division, CBP Headquarters.
(2) Nonacceptance of bond upon instructions by Commissioner.
The Commissioner may, when he believes the circumstances warrant, issue instructions to the port directors that they shall not accept a bond secured by an individual or corporate surety when that surety, without just cause, is significantly delinquent either in the number of outstanding bills or dollar amounts thereof.
(3) Notice of surety.
The appropriate Customs officer may take the above actions only after the surety has been provided reasonable notice with an opportunity to pay delinquent amounts, provide justification for the failure to pay, or demonstrate the existence of a significant legal issue justifying further delay in payment.
(4) Review and final decision.
After a review of any submission made by the surety under paragraph (c)(3) of this section, if the appropriate CBP officer is still of the opinion bonds secured by the surety should not be accepted, written notice of the decision shall be provided to the surety in person or by certified mail, return receipt requested, at least five days before the date that CBP will no longer accept the bonds of the surety. When notice is sent to the surety of the decision not to accept the surety's bonds the appropriate CBP officer shall notify the Director, Border Security and Trade Compliance Division, CBP Headquarters. Notice shall be given to the importing public by posting a copy of the decision in the customhouse. The decision shall also be published in the Customs Bulletin.
(5) Duration of decision.
Any decision not to accept a given surety's bond shall remain in effect for a minimum of five days or until all outstanding delinquencies are resolved, whichever is later.
(6) Actions consistent with requirements.
Any action not to accept the bonds of a surety under paragraphs (c) (1) and (2) of this section shall be consistent with the requirements of this section.