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Regulations &
Codified CSA > CFR > Section
1313 > Section 1313.16
Section 1313.16 Transfers following importations.
(a) In the case of a notice under
Sec. 1313.12(a) submitted by a regulated
person, if the transferee identified in the notice is not a regular customer,
the importer may not transfer the listed chemical until after the expiration
of the 15-day period beginning on the date on which the notice is submitted to
the Administration.
(b) After a notice under Sec. 1313.12(a) or (d) is submitted to the
Administration, if circumstances change and the importer will not be
transferring the listed chemical to the transferee identified in the notice,
or will be transferring a greater quantity of the chemical than specified in
the notice, the importer must update the notice to identify the most recent
prospective transferee or the most recent quantity or both (as the case may
be) and may not transfer the listed chemical until after the expiration of the
15-day period beginning on the date on which the update is submitted to the
Administration, except that the 15-day restriction does not apply if the
prospective transferee identified in the update is a regular customer. The
preceding sentence applies with respect to changing circumstances regarding a
transferee or quantity identified in an update to the same extent and in the
same manner as the sentence applies with respect to changing circumstances
regarding a transferee or quantity identified in the original notice under
Sec. 1313.12(a) or (d).
(c) In the case of a transfer of a listed chemical that is subject to a
15-day restriction, the transferee involved shall, upon the expiration of the
15-day period, be considered to qualify as a regular customer, unless the
Administration otherwise notifies the importer involved in writing.
(d) With respect to a transfer of a listed chemical with which a notice or
update referred to in Sec. 1313.12(a) or (d) is concerned:
(1) The Administration--
(i) May, in accordance with the same procedures as apply under Sec.
Sec.
1313.51 through 1313.57, order the suspension
of the transfer of the listed chemical by the importer involved, except for
a transfer to a regular customer, on the ground that the chemical may be
diverted to the clandestine manufacture of a controlled substance (without
regard to the form of the chemical that may be diverted, including the
diversion of a finished drug product to be manufactured from bulk chemicals to
be transferred), subject to the Administration ordering the suspension before
the expiration of the 15- day period with respect to the importation (in any
case in which such a period applies); and
(ii) May, for purposes of this paragraph (d), disqualify a regular customer
on that ground.
(2) From and after the time when the Administration provides written notice
of the order under paragraph (d)(1)(i) of this section (including a statement
of the legal and factual basis for the order) to the importer, the importer
may not carry out the transfer.
(e) For purposes of this section:
(1) The term transfer, with respect to a listed chemical, includes the sale
of the chemical.
(2) The term transferee means a person to whom an importer transfers a
listed chemical.
72 FR 17407, Apr. 9, 2007
NOTICE: This is an
unofficial version. An official version of this publication may be obtained
directly from the Government Printing Office (GPO).
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