#2010-428Decree No. 2010-428 on Customs Sampling and Commission Operations
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This decree provides guidelines for customs officers on how to take samples of goods for analysis during inspections. It also sets rules for the operation of a conciliation and expertise commission that resolves disputes about the classification, origin, and value of goods. Businesses involved in importing and exporting goods are affected, needing to comply with new procedural requirements, such as sample handling and attending examinations.
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Key Changes
- Allows customs officers to take up to four samples of goods during inspections.
- Introduces a commission to address disputes over the classification, origin, and value of goods.
- Specifies procedural requirements for sample handling and documentation.
Obligations
What this law requires
Customs officers must take four samples of goods in the presence of the declarant during merchandise verification, or multiples of four samples if goods have different quality levels
Declarants must attend merchandise examinations or designate a capable representative; if they refuse, customs authorities may proceed with a maximum 24-hour notice period
Four sample labels must include: customs service stamp, declarant name/address/signature, sampling location/date/time, merchandise nature, sample number, and agent name/signature
One sample must be given to the declarant, one sent for laboratory analysis, and two retained at the customs office; if declarant is absent, one sample is withheld and three retained
The expertise report (acte à fin d'expertise) must be established in duplicate and signed by the declarant or representative; any refusal must be noted on the document