{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 327 sorted by section_id", "rows": [["20:20:1.0.2.9.48.0.155.1", 20, "Employees' Benefits", "II", "C", "327", "PART 327\u2014AVAILABLE FOR WORK", "", "", "", "\u00a7 327.1 Introduction.", "SSA", "", "", "[55 FR 1811, Jan. 19, 1990]", "The Railroad Unemployment Insurance Act provides for the payment of unemployment benefits to qualified railroad employees for days of unemployment. Under section 1(k) of the Act, an unemployed employee must be \u201cavailable for work\u201d as a condition of eligibility for unemployment benefits for any day claimed as a day of unemployment. This part defines the phrase \u201cavailable for work\u201d and explains how the Board will apply that phrase to claims for unemployment benefits."], ["20:20:1.0.2.9.48.0.155.2", 20, "Employees' Benefits", "II", "C", "327", "PART 327\u2014AVAILABLE FOR WORK", "", "", "", "\u00a7 327.5 Meaning of \u201cavailable for work\u201d.", "SSA", "", "", "[Board Order 53-296, 18 FR 8157, Dec. 12, 1953, as amended at 85 FR 19386, Apr. 7, 2020]", "(a)  General definition.  A claimant for unemployment benefits is available for work if he is willing and ready to work.\n\n(b)  Willing to work.  A claimant is willing to work if he is willing to accept and perform for hire such work as is reasonably appropriate to his circumstances in view of factors such as:\n\n(1) The current practices recognized by management and labor with respect to such work;\n\n(2) The degree of risk involved to the claimant's health, safety, and morals;\n\n(3) His physical fitness and prior training;\n\n(4) His experience and prior earnings;\n\n(5) His length of unemployment and prospects for obtaining work; and\n\n(6) The distance of the work from his residence and from his most recent work.\n\n(c)  Ready to work.  A claimant is ready to work if he:\n\n(1) Is in a position to receive notice of work which he is willing to accept and perform, and\n\n(2) Is prepared to be present with the customary equipment at the location of such work within the time usually allotted.\n\n(d)  Deemed available for work.  During the period extending from March 1, 2020 until December 31, 2020, a claimant will be deemed to be available for work during any period for which he or she is subject to a state or local order related to the public health emergency declared effective March 1, 2020 preventing him or her from reporting to work."], ["20:20:1.0.2.9.48.0.155.3", 20, "Employees' Benefits", "II", "C", "327", "PART 327\u2014AVAILABLE FOR WORK", "", "", "", "\u00a7 327.10 Consideration of availability.", "SSA", "", "", "[Board Order 53-296, 18 FR 8157, Dec. 12, 1953, as amended by Board Order 55-30, 20 FR 1015, Feb. 17, 1955; 55 FR 1811, Jan. 19, 1990]", "(a)  Initial proof.  A claimant who registers for unemployment benefits in accordance with the provisions of part 325 of this chapter shall, absent any evidence to the contrary, initially be considered available for work. Evidence that a claimant may not be available for work shall include any evidence provided by the claimant's base year employer(s) pursuant to section 5(b) of the Railroad Unemployment Insurance Act.\n\n(b)  Information indicating unavailability.  If the office of the Board which is adjudicating a claimant's claims for benefits receives information indicating that the claimant may not be available for work, he shall be required to submit evidence of his availability for work, and no benefits shall thereafter be paid with respect to any day in the period of the claimant's unemployment unless sufficient evidence of the claimant's availability for work on such day is presented.\n\n(c)  Employee who has retired voluntarily.  An employee who has retired voluntarily shall be presumed not to be eligible for unemployment benefits. An employee shall be regarded as having retired voluntarily if his not being in the active service of his employer is due to an agreement between his labor organization and his employer requiring retirement upon attaining a certain age.\n\n(d)  Equivalent of full-time work.  (1) A claimant who is continuously employed from week to week under a work schedule that provides the equivalent of full-time employment shall not be considered available for work with respect to any rest day or other non-work day within a 14-day registration period.\n\n(2) The application of paragraph (d) may be illustrated by the following examples:\n\n(e)  Attendance in school or training course.  (1) A claimant who has voluntarily left work to enroll as a student in an educational institution shall be presumed not to be available for work. For the purpose of this provision, leaving work is considered voluntary when the claimant on his or her own initiative left work that he or she could have continued to perform but for the claimant's decision to attend school. In all other cases, this presumption shall not apply, but eligibility shall instead be determined on the basis of the facts of each case. In each such case, the claimant shall be given an opportunity to establish that he or she remains ready and willing to engage in full-time employment for hire, notwithstanding his or her school attendance. If a claimant is enrolled in a vocational training program at a trade or technical school, he or she shall be considered available for work if his or her current prospects for work are poor and the vocational training can reasonably be expected to increase his or her prospects for obtaining new employment.\n\n(2)  Examples.  The application of paragraph (e) may be illustrated by the following examples:\n\n(f)  Failure to work in anticipation of maximum mileage.  (1) An employee in train and engine service who voluntarily lays off work in anticipation of reaching the maximum mileage or earnings permitted under an agreement with his or her employer shall not be considered available for work.\n\n(2)  Example.  Halfway through the month an engineer has worked in train service covering 2,000 miles. By agreement with his or her employer he or she may not operate a train in excess of 3,000 miles per month. In order to allow engineers with less seniority to perform service, the engineer lays off work for five days. The engineer is not considered available for work on those days.\n\n(g)  Confinement.  A claimant who is confined in a penal institution or is in the custody of a Federal, State or local governmental unit or official thereof shall not be considered available for work. An individual shall not be considered in the custody of a governmental unit or official thereof if he or she has been released on bail and is awaiting trial or he or she has been placed on probation or parole. However, an individual who has been released from custody by a governmental unit or official thereof under a program that permits leave from custody of a short duration, after which he or she must return to custody, shall not be considered available for work on those days on which he or she is on furlough from confinement.\n\n(h)  Missed turns in pool service.  A train and engine service employee assigned to pool service shall not be considered as ready to work, within the meaning of \u00a7 327.5(c) of this part, with respect to any day on which such employee would have worked if he or she had not missed his or her turn in pool service employment."], ["20:20:1.0.2.9.48.0.155.4", 20, "Employees' Benefits", "II", "C", "327", "PART 327\u2014AVAILABLE FOR WORK", "", "", "", "\u00a7 327.15 Reasonable efforts to obtain work.", "SSA", "", "", "[Board Order 53-296, 18 FR 8157, Dec. 12, 1953, as amended at 55 FR 1812, Jan. 19, 1990]", "(a)  Requirement.  A claimant may be required at any time to show, as evidence of willingness to work, that he is making reasonable efforts to obtain work which he professes to be willing to accept and perform, unless he has good prospects of obtaining such work or his circumstances are such that any efforts to obtain work other than by making application for employment service pursuant to \u00a7 325.3 of this chapter would be fruitless to the claimant.\n\n(b)  Failure to comply with requirement.  When the office of the Board which is adjudicating claims for benefits has information that the claimant has failed to comply with the requirements set forth in paragraph (a) of this section, no benefits shall be paid with respect to any days in the period of the claimant's unemployment unless sufficient evidence of the claimant's availability for work on such days is presented.\n\n(c)  What constitutes reasonable efforts.  A claimant shall be considered as making reasonable efforts to obtain work when he takes such steps toward obtaining work as are appropriate to his circumstances. In determining what steps are appropriate to a claimant's circumstances, consideration shall be given to actions such as:\n\n(1) Registering with a union hiring or placement facility;\n\n(2) Applying for employment with former employers;\n\n(3) Making application with employers including individuals and companies not covered by the act, who may reasonably be expected to have openings in work suitable for him;\n\n(4) Responding to appropriate \u201cwant ads\u201d for work which appears suitable for him;\n\n(5) Actively prosecuting his claim for reinstatement in his former work;\n\n(6) Any other action reasonably directed toward obtaining work."], ["33:33:3.0.1.1.21.0.1.1", 33, "Navigation and Navigable Waters", "II", "", "327", "PART 327\u2014PUBLIC HEARINGS", "", "", "", "\u00a7 327.1 Purpose.", "USACE", "", "", "", "This regulation prescribes the policy, practice and procedures to be followed by the U.S. Army Corps of Engineers in the conduct of public hearings conducted in the evaluation of a proposed DA permit action or Federal project as defined in \u00a7 327.3 of this part including those held pursuant to section 404 of the Clean Water Act (33 U.S.C. 1344) and section 103 of the Marine Protection, Research and Sanctuaries Act (MPRSA), as amended (33 U.S.C. 1413)."], ["33:33:3.0.1.1.21.0.1.10", 33, "Navigation and Navigable Waters", "II", "", "327", "PART 327\u2014PUBLIC HEARINGS", "", "", "", "\u00a7 327.10 Authority of the presiding officer.", "USACE", "", "", "", "Presiding officers shall have the following authority:\n\n(a) To regulate the course of the hearing including the order of all sessions and the scheduling thereof, after any initial session, and the recessing, reconvening, and adjournment thereof; and\n\n(b) To take any other action necessary or appropriate to the discharge of the duties vested in them, consistent with the statutory or other authority under which the Chief of Engineers functions, and with the policies and directives of the Chief of Engineers and the Secretary of the Army."], ["33:33:3.0.1.1.21.0.1.11", 33, "Navigation and Navigable Waters", "II", "", "327", "PART 327\u2014PUBLIC HEARINGS", "", "", "", "\u00a7 327.11 Public notice.", "USACE", "", "", "", "(a) Public notice shall be given of any public hearing to be held pursuant to this regulation. Such notice should normally provide for a period of not less than 30 days following the date of public notice during which time interested parties may prepare themselves for the hearing. Notice shall also be given to all Federal agencies affected by the proposed action, and to state and local agencies and other parties having an interest in the subject matter of the hearing. Notice shall be sent to all persons requesting a hearing and shall be posted in appropriate government buildings and provided to newspapers of general circulation for publication. Comments received as form letters or petitions may be acknowledged as a group to the person or organization responsible for the form letter or petition.\n\n(b) The notice shall contain time, place, and nature of hearing; the legal authority and jurisdiction under which the hearing is held; and location of and availability of the draft environmental impact statement or environmental assessment."], ["33:33:3.0.1.1.21.0.1.2", 33, "Navigation and Navigable Waters", "II", "", "327", "PART 327\u2014PUBLIC HEARINGS", "", "", "", "\u00a7 327.2 Applicability.", "USACE", "", "", "", "This regulation is applicable to all divisions and districts responsible for the conduct of public hearings."], ["33:33:3.0.1.1.21.0.1.3", 33, "Navigation and Navigable Waters", "II", "", "327", "PART 327\u2014PUBLIC HEARINGS", "", "", "", "\u00a7 327.3 Definitions.", "USACE", "", "", "", "(a)  Public hearing  means a public proceeding conducted for the purpose of acquiring information or evidence which will be considered in evaluating a proposed DA permit action, or Federal project, and which affords the public an opportunity to present their views, opinions, and information on such permit actions or Federal projects.\n\n(b)  Permit action,  as used herein means the evaluation of and decision on an application for a DA permit pursuant to sections 9 or 10 of the Rivers and Harbors Act of 1899, section 404 of the Clean Water Act, or section 103 of the MPRSA, as amended, or the modification, suspension or revocation of any DA permit (see 33 CFR 325.7).\n\n(c)  Federal project  means a Corps of Engineers project (work or activity of any nature for any purpose which is to be performed by the Chief of Engineers pursuant to Congressional authorizations) involving the discharge of dredged or fill material into waters of the United States or the transportation of dredged material for the purpose of dumping it in ocean waters subject to section 404 of the Clean Water Act, or section 103 of the MPRSA."], ["33:33:3.0.1.1.21.0.1.4", 33, "Navigation and Navigable Waters", "II", "", "327", "PART 327\u2014PUBLIC HEARINGS", "", "", "", "\u00a7 327.4 General policies.", "USACE", "", "", "", "(a) A public hearing will be held in connection with the consideration of a DA permit application or a Federal project whenever a public hearing is needed for making a decision on such permit application or Federal project. In addition, a public hearing may be held when it is proposed to modify or revoke a permit. (See 33 CFR 325.7).\n\n(b) Unless the public notice specifies that a public hearing will be held, any person may request, in writing, within the comment period specified in the public notice on a DA permit application or on a Federal project, that a public hearing be held to consider the material matters at issue in the permit application or with respect to Federal project. Upon receipt of any such request, stating with particularity the reasons for holding a public hearing, the district engineer may expeditiously attempt to resolve the issues informally. Otherwise, he shall promptly set a time and place for the public hearing, and give due notice thereof, as prescribed in \u00a7 327.11 of this part. Requests for a public hearing under this paragraph shall be granted, unless the district engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing. The district engineer will make such a determination in writing, and communicate his reasons therefor to all requesting parties. Comments received as form letters or petitions may be acknowledged as a group to the person or organization responsible for the form letter or petition.\n\n(c) In case of doubt, a public hearing shall be held. HQDA has the discretionary power to require hearings in any case.\n\n(d) In fixing the time and place for a hearing, the convenience and necessity of the interested public will be duly considered."], ["33:33:3.0.1.1.21.0.1.5", 33, "Navigation and Navigable Waters", "II", "", "327", "PART 327\u2014PUBLIC HEARINGS", "", "", "", "\u00a7 327.5 Presiding officer.", "USACE", "", "", "", "(a) The district engineer, in whose district a matter arises, shall normally serve as the presiding officer. When the district engineer is unable to serve, he may designate the deputy district engineer or other qualified person as presiding officer. In cases of unusual interest, the Chief of Engineers or the division engineer may appoint such person as he deems appropriate to serve as the presiding officer.\n\n(b) The presiding officer shall include in the administrative record of the permit action the request or requests for the hearing and any data or material submitted in justification thereof, materials submitted in opposition to or in support of the proposed action, the hearing transcript, and such other material as may be relevant or pertinent to the subject matter of the hearing. The administrative record shall be available for public inspection with the exception of material exempt from disclosure under the Freedom of Information Act."], ["33:33:3.0.1.1.21.0.1.6", 33, "Navigation and Navigable Waters", "II", "", "327", "PART 327\u2014PUBLIC HEARINGS", "", "", "", "\u00a7 327.6 Legal adviser.", "USACE", "", "", "", "At each public hearing, the district counsel or his designee may serve as legal advisor to the presiding officer. In appropriate circumstances, the district engineer may waive the requirement for a legal advisor to be present."], ["33:33:3.0.1.1.21.0.1.7", 33, "Navigation and Navigable Waters", "II", "", "327", "PART 327\u2014PUBLIC HEARINGS", "", "", "", "\u00a7 327.7 Representation.", "USACE", "", "", "", "At the public hearing, any person may appear on his own behalf, or may be represented by counsel, or by other representatives."], ["33:33:3.0.1.1.21.0.1.8", 33, "Navigation and Navigable Waters", "II", "", "327", "PART 327\u2014PUBLIC HEARINGS", "", "", "", "\u00a7 327.8 Conduct of hearings.", "USACE", "", "", "", "(a) The presiding officer shall make an opening statement outlining the purpose of the hearing and prescribing the general procedures to be followed.\n\n(b) Hearings shall be conducted by the presiding officer in an orderly but expeditious manner. Any person shall be permitted to submit oral or written statements concerning the subject matter of the hearing, to call witnesses who may present oral or written statements, and to present recommendations as to an appropriate decision. Any person may present written statements for the hearing record prior to the time the hearing record is closed to public submissions, and may present proposed findings and recommendations. The presiding officer shall afford participants a reasonable opportunity for rebuttal.\n\n(c) The presiding officer shall have discretion to establish reasonable limits upon the time allowed for statements of witnesses, for arguments of parties or their counsel or representatives, and upon the number of rebuttals.\n\n(d) Cross-examination of witnesses shall not be permitted.\n\n(e) All public hearings shall be reported verbatim. Copies of the transcripts of proceedings may be purchased by any person from the Corps of Engineers or the reporter of such hearing. A copy will be available for public inspection at the office of the appropriate district engineer.\n\n(f) All written statements, charts, tabulations, and similar data offered in evidence at the hearing shall, subject to exclusion by the presiding officer for reasons of redundancy, be received in evidence and shall constitute a part of the record.\n\n(g) The presiding officer shall allow a period of not less than 10 days after the close of the public hearing for submission of written comments.\n\n(h) In appropriate cases, the district engineer may participate in joint public hearings with other Federal or state agencies, provided the procedures of those hearings meet the requirements of this regulation. In those cases in which the other Federal or state agency allows a cross-examination in its public hearing, the district engineer may still participate in the joint public hearing but shall not require cross examination as a part of his participation."], ["33:33:3.0.1.1.21.0.1.9", 33, "Navigation and Navigable Waters", "II", "", "327", "PART 327\u2014PUBLIC HEARINGS", "", "", "", "\u00a7 327.9 Filing of the transcript of the public hearing.", "USACE", "", "", "", "Where the presiding officer is the initial action authority, the transcript of the public hearing, together with all evidence introduced at the public hearing, shall be made a part of the administrative record of the permit action or Federal project. The initial action authority shall fully consider the matters discussed at the public hearing in arriving at his initial decision or recommendation and shall address, in his decision or recommendation, all substantial and valid issues presented at the hearing. Where a person other than the initial action authority serves as presiding officer, such person shall forward the transcript of the public hearing and all evidence received in connection therewith to the initial action authority together with a report summarizing the issues covered at the hearing. The report of the presiding officer and the transcript of the public hearing and evidence submitted thereat shall in such cases be fully considered by the initial action authority in making his decision or recommendation to higher authority as to such permit action or Federal project."], ["44:44:1.0.1.6.75.0.10.1", 44, "Emergency Management and Assistance", "I", "F", "327", "PART 327\u2014POLICY ON USE OF GOVERNMENT-OWNED INDUSTRIAL PLANT EQUIPMENT BY PRIVATE INDUSTRY (DMO-10A)", "", "", "", "\u00a7 327.1 Purpose.", "FEMA", "", "", "", "This part establishes policy on the use by private industry of Government-owned industrial plant equipment. This policy is necessary to maintain a highly effective and immediately available reserve of such equipment for the emergency preparedness programs of the U.S. Government."], ["44:44:1.0.1.6.75.0.10.2", 44, "Emergency Management and Assistance", "I", "F", "327", "PART 327\u2014POLICY ON USE OF GOVERNMENT-OWNED INDUSTRIAL PLANT EQUIPMENT BY PRIVATE INDUSTRY (DMO-10A)", "", "", "", "\u00a7 327.2 Scope and applicability.", "FEMA", "", "", "", "(a) This part applies to all Federal departments and agencies having, for purposes of mobilization readiness, Government-owned industrial plant equipment under their jurisdiction or control and having emergency preparedness functions assigned by Executive orders concerning use of that equipment.\n\n(b) As used herein,  industrial plant equipment  means those items of equipment, each with an acquisition cost of $1,000 or more, that fall within specified classes of equipment listed in DOD regulations. Classes of equipment may from time to time be added to or deleted from this list."], ["44:44:1.0.1.6.75.0.10.3", 44, "Emergency Management and Assistance", "I", "F", "327", "PART 327\u2014POLICY ON USE OF GOVERNMENT-OWNED INDUSTRIAL PLANT EQUIPMENT BY PRIVATE INDUSTRY (DMO-10A)", "", "", "", "\u00a7 327.3 Policy.", "FEMA", "", "", "", "(a)  General.  (1) Primary reliance for defense production shall be placed upon private industry.\n\n(2) When it is determined by an agency that, because of the lack of specific industrial plant equipment, private industry of the United States cannot be relied upon for needed Government production, that agency may provide to private industry such Government-owned industrial plant equipment as is deemed necessary to ensure required production capability. Requirements for such equipment should be reviewed at least annually to ascertain the continuing need, particularly with a view toward private industry furnishing the equipment for long term requirements.\n\n(3) When it is necessary for Federal agencies to supply Government-owned industrial plant equipment to private industry, these agencies will maintain uniformity and fairness in the arrangements for the use of this equipment by following regulations for the use of such equipment as developed and published by the Secretary of Defense pursuant to section 809 of Public Law 93-155. The regulations to be developed by the Secretary of Defense shall be in consonance with this order. These regulations will attempt to ensure that no Government contractor is afforded an advantage over his competitors and that Government-owned industrial plant equipment is maintained properly and kept immediately available for the emergency preparedness needs of the United States.\n\n(b)  Interagency use of idle equipment.  In any instances in which a Government contractor cannot meet Government production schedules because necessary industrial plant equipment is not available from private industry or from the contracting Federal department or agency, idle industrial plant equipment under the control of other Federal agencies may be made available for this purpose through existing authorities on a transfer, loan, or replacement basis by interagency agreement.\n\n(c)  Availability of equipment for emergency use.  Government-owned industrial plant equipment may be provided by controlling agencies for emergency use by essential Government contractors whose facilities have been damaged or destroyed.\n\n(d)  Uniform rental rates.  All new agreements entered into by any agency of the Federal Government under which private business establishments are provided with Government-owned industrial plant equipment shall be subject to rental rates established by the Secretary of Defense pursuant to section 809 of Public Law 93-155. The rental rates shall ensure a fair and equitable return to the U.S. Government and be generally competitive with commercial rates for like equipment.\n\n(e)  Use of Government-owned industrial plant equipment for commercial  ( non-Government )  purposes.  Subject to adequate controls being established under DOD regulations pursuant to Public Law 93-155, and statutory authority for leasing, Government-owned industrial plant equipment may be authorized for commercial use by contractors performing contracts or subcontracts for the Government agency if it is necessary to keep the equipment in a high state of operational readiness through regular usage to support the emergency preparedness programs of the U.S. Government."], ["44:44:1.0.1.6.75.0.10.4", 44, "Emergency Management and Assistance", "I", "F", "327", "PART 327\u2014POLICY ON USE OF GOVERNMENT-OWNED INDUSTRIAL PLANT EQUIPMENT BY PRIVATE INDUSTRY (DMO-10A)", "", "", "", "\u00a7 327.4 Disputes.", "FEMA", "", "", "", "In the event of an interagency dispute about the regulations developed by the Department of Defense in accordance with this order, the Administrator, Federal Emergency Management Agency, shall adjudicate."], ["44:44:1.0.1.6.75.0.10.5", 44, "Emergency Management and Assistance", "I", "F", "327", "PART 327\u2014POLICY ON USE OF GOVERNMENT-OWNED INDUSTRIAL PLANT EQUIPMENT BY PRIVATE INDUSTRY (DMO-10A)", "", "", "", "\u00a7 327.5 Reports.", "FEMA", "", "", "", "Such reports of operations under this order as may be required by the Federal Emergency Management Agency, shall be submitted to the Administrator."], ["46:46:8.0.1.9.27.1.12.1", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "A", "Subpart A\u2014Clarification Act Claims: Seamen's Claims; Administrative Action and Litigation.", "", "\u00a7 327.1 Purpose.", "FMC", "", "", "", "This part prescribes rules and regulations pertaining to the filing of claims designated in \u00a7 327.3 and the administrative allowance, or disallowance (actual and presumed), of such claims, in whole or in part, filed by officers and members of crews (hereafter referred to as \u201cseamen\u201d) employed on vessels as employees of the United States through the National Shipping Authority (NSA), Maritime Administration (MarAd), or successor."], ["46:46:8.0.1.9.27.1.12.2", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "A", "Subpart A\u2014Clarification Act Claims: Seamen's Claims; Administrative Action and Litigation.", "", "\u00a7 327.2 Statutory provisions.", "FMC", "", "", "", "These regulations are enacted to implement the administrative claims procedures set forth in 50 U.S.C. App. 1291(a)."], ["46:46:8.0.1.9.27.1.12.3", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "A", "Subpart A\u2014Clarification Act Claims: Seamen's Claims; Administrative Action and Litigation.", "", "\u00a7 327.3 Required claims submission.", "FMC", "", "", "", "All claims specified in 50 U.S.C. App. 1291(a) shall be submitted for administrative consideration, as provided in \u00a7\u00a7 327.4 and 327.5, prior to institution of court action thereon."], ["46:46:8.0.1.9.27.1.12.4", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "A", "Subpart A\u2014Clarification Act Claims: Seamen's Claims; Administrative Action and Litigation.", "", "\u00a7 327.4 Claim requirements.", "FMC", "", "", "", "(a)  Form.  The claim may be in any form and shall be\n\n(1) In writing,\n\n(2) Designated as a claim,\n\n(3) Disclose that the object sought is the administrative allowance of the claim,\n\n(4) Comply with the requirements of this part, and\n\n(5) Filed as provided in \u00a7 327.5.\n\n(6) The claim must be signed or attested to by the claimant. The statements made in the claim should be made to the best of the knowledge of the claimant and are subject to the provision of 18 U.S.C. 287 and 1001 and all other penalty provisions for making false, fictitious, or fraudulent claims, statements or entries, or falsifying, concealing, or covering up a material fact in any matter within the jurisdiction of any department or agency of the United States. Any lawsuits filed contrary to the provisions of section 5 of the Suits in Admiralty Act, as amended by Public Law 877, 81st Congress (64 Stat. 1112; 46 U.S.C. 30901  et seq. ), shall not be in compliance with the requirements of this part.\n\n(b)  Contents.  Each claim shall include the following information:\n\n(1) With respect to the seaman:\n\n(i) Name;\n\n(ii) Mailing address;\n\n(iii) Date of birth;\n\n(iv) Legal residence address;\n\n(v) Place of birth; and\n\n(vi) Merchant mariner license or document number and social security number.\n\n(2) With respect to the basis for the claim:\n\n(i) Name of vessel on which the seaman was serving when the incident occurred that is the basis for the claim;\n\n(ii) Place where the incident occurred;\n\n(iii) Time of incident\u2014year, month and day, and the precise time of day, to the minute, where possible;\n\n(iv) Narrative of the facts and circumstances surrounding the incident, including a statement explaining why the United States is liable for this claim;\n\n(v) Pictures, video recordings and other physical evidence related to the case and\n\n(vi) The names, addresses, and telephone numbers, if available, of others who can supply factual information about the incident and its consequences.\n\n(3) A sum certain dollar amount of claim, which includes a total for all amounts sought. The claim shall explain the amounts sought for:\n\n(i) Past loss of earnings or earning capacity;\n\n(ii) Future loss of earnings or earning capacity;\n\n(iii) Medical expenses paid out of pocket;\n\n(iv) Pain and suffering; and\n\n(v) Any other loss arising out of the incident (describe).\n\n(4) All medical and clinical records of physicians and hospitals related to a seaman's claim for injury, illness, or death shall be attached. If the claimant does not have a copy of each record, the claimant shall identify every physician and hospital having records relating to the seaman and shall provide written authorization for MarAd to obtain all such records. The claim shall also include the number of days the seaman worked as a merchant mariner and the earnings received for the current calendar year, as well as for the two preceding calendar years.\n\n(5) If the claim does not involve a seaman's death, the following information shall be submitted with the claim:\n\n(i) Date the seaman signed a reemployment register as a merchant mariner;\n\n(ii) Copy of the medical fit-for-duty certificate issued to the seaman;\n\n(iii) Date and details of next employment as a seaman; and\n\n(iv) Date and details of next employment as other than a seaman.\n\n(6) If the claim is for other than personal injury, illness or death, the claim shall provide all supporting information concerning the nature and dollar amount of the loss."], ["46:46:8.0.1.9.27.1.12.5", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "A", "Subpart A\u2014Clarification Act Claims: Seamen's Claims; Administrative Action and Litigation.", "", "\u00a7 327.5 Filing claims.", "FMC", "", "", "", "(a) Claims may be filed by or on behalf of seamen or their surviving dependents or beneficiaries, or by their legal representatives. Claims shall be filed either by personal delivery or by registered mail.\n\n(b) The claimant shall send the claim directly to the Chief, Division of Marine Insurance, Maritime Administration, Department of Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590. A copy of each claim shall be filed with the Ship Manager or General Agent of the vessel with respect to which such claim arose."], ["46:46:8.0.1.9.27.1.12.6", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "A", "Subpart A\u2014Clarification Act Claims: Seamen's Claims; Administrative Action and Litigation.", "", "\u00a7 327.6 Notice of allowance or disallowance.", "FMC", "", "", "", "MarAd shall give prompt notice in writing of the allowance or disallowance of each claim, in whole or in part, by mail to the last known address of, or by personal delivery to, the claimant or the claimant's legal representative. In the case of administrative disallowance, in whole or in part, such notice shall contain a brief statement of the reason for such disallowance."], ["46:46:8.0.1.9.27.1.12.7", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "A", "Subpart A\u2014Clarification Act Claims: Seamen's Claims; Administrative Action and Litigation.", "", "\u00a7 327.7 Administrative disallowance presumption.", "FMC", "", "", "", "If MarAd fails to give written notice of allowance or disallowance of a claim in accordance with \u00a7 327.6 within sixty (60) calendar days following the date of the receipt of such claim by the proper person designated in \u00a7 327.5, such claim shall be presumed to have been \u201cadministratively disallowed,\u201d within the meaning in section 1(a) of 50 U.S.C. App. 1291(a)."], ["46:46:8.0.1.9.27.1.12.8", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "A", "Subpart A\u2014Clarification Act Claims: Seamen's Claims; Administrative Action and Litigation.", "", "\u00a7 327.8 Court action.", "FMC", "", "", "", "(a) No seamen, having a claim specified in subsections (2) and (3) of section 1(a) of 50 U.S.C. App. 1291(a), their surviving dependents and beneficiaries, or their legal representatives shall institute a court action for the enforcement of such claim unless such claim shall have been prepared and filed in accordance with \u00a7\u00a7 327.4 and 327.5 and shall have been administratively disallowed in accordance with \u00a7 327.6 or \u00a7 327.7.\n\n(b) This part prescribes rules and regulations pertaining to the filing of claims designated in \u00a7 327.3 and the administrative allowance, or disallowance (actual and presumed), of such claims, in whole or in part, filed by officers and members of crews (hereafter referred to as \u201cseamen\u201d) employed on vessels through the National Shipping Authority (NSA), Maritime Administration (MarAd), or successor organization."], ["46:46:8.0.1.9.27.2.12.1", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "B", "Subpart B\u2014Admiralty Extension Act Claims; Administrative Action and Litigation", "", "\u00a7 327.20 Admiralty Jurisdiction Extension Claims: Required claims.", "FMC", "", "", "", "(a) Pursuant to 46 U.S.C. 30101(c) of the Admiralty Extension Act (AEA), administrative claims involving the extension of admiralty jurisdiction to cases of damage or injury on land caused by a Maritime Administration vessel on navigable waters must be presented in writing to the Maritime Administration in accordance with \u00a7\u00a7 327.20 through 327.34 prior to institution of a court action thereon.\n\n(b) A civil action against the United States for injury or damage done or consummated on land by a vessel on navigable waters may not be brought until the earlier occurrence of either the denial of the claim by the Maritime Administration or the presumptive denial of the claim which arises 6 months after the claim has been presented in writing to the Maritime Administration. 46 U.S.C. 30101(c)(2). Note that the 6 month period of review will not begin until a valid claim is filed pursuant to \u00a7 327.25.\n\n(c) Proceedings against the United States pursuant to the requirements of the AEA and these regulations is the exclusive remedy available against the United States of America, acting by and through the Maritime Administration, with respect to such injuries and damages."], ["46:46:8.0.1.9.27.2.12.10", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "B", "Subpart B\u2014Admiralty Extension Act Claims; Administrative Action and Litigation", "", "\u00a7 327.29 Effect of other payments to claimant.", "FMC", "", "", "", "The total amount to which the claimant may be entitled is normally computed as follows:\n\n(a) The total amount of the loss, damage, or personal injury suffered for which the United States is liable, less any payment the claimant has received from the following sources:\n\n(1) The military member or civilian employee who caused the incident;\n\n(2) The military member's or civilian employee's insurer; and\n\n(3) Any joint tort-feasor or insurer.\n\n(b) No deduction is generally made for any payment the claimant has received by way of voluntary contributions, such as donations of charitable organizations."], ["46:46:8.0.1.9.27.2.12.11", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "B", "Subpart B\u2014Admiralty Extension Act Claims; Administrative Action and Litigation", "", "\u00a7 327.30 Statute of limitations for AEA and claim requirements.", "FMC", "", "", "", "A civil suit must be filed within two years of the Accrual Date. No civil suit may be brought until the earlier occurrence of either the denial of a claim or the presumptive denial of the claim after 6 months from the date the claim was properly presented in writing to the Maritime Administration."], ["46:46:8.0.1.9.27.2.12.12", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "B", "Subpart B\u2014Admiralty Extension Act Claims; Administrative Action and Litigation", "", "\u00a7 327.31 Statute of limitations not tolled by administrative consideration of claims.", "FMC", "", "", "", "The statute of limitations for filing a civil action under 46 U.S.C. 30101(b) is not tolled by MarAd's administrative consideration of a claim."], ["46:46:8.0.1.9.27.2.12.13", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "B", "Subpart B\u2014Admiralty Extension Act Claims; Administrative Action and Litigation", "", "\u00a7 327.32 Notice of claim acceptance or denial.", "FMC", "", "", "", "The Maritime Administration shall give prompt notice in writing of the acceptance or denial of each claim in whole or in part, by mail to the last known address of, or by personal delivery to, the claimant or the claimant's legal representative. In the case of denial, such notice shall contain a brief statement of the reason for such a denial."], ["46:46:8.0.1.9.27.2.12.14", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "B", "Subpart B\u2014Admiralty Extension Act Claims; Administrative Action and Litigation", "", "\u00a7 327.33 Claim denial presumption.", "FMC", "", "", "", "If the Maritime Administration fails to give written notice of acceptance or denial of a claim in accordance with \u00a7 327.30 within 6 months following the date of receipt of such a claim by the proper person designated in \u00a7 327.24(b), such claim shall be presumed to have been denied by the Maritime Administration."], ["46:46:8.0.1.9.27.2.12.15", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "B", "Subpart B\u2014Admiralty Extension Act Claims; Administrative Action and Litigation", "", "\u00a7 327.34 Court action.", "FMC", "", "", "", "No person, surviving dependent or beneficiary, or legal representative, having a claim specified under 46 U.S.C. 30101(a) against the Maritime Administration, shall institute a court action against the Maritime Administration unless an administrative claim has previously been properly presented and filed in accordance with \u00a7\u00a7 327.22, 327.23, and 327.24, and such administrative claim has been subsequently denied in accordance with \u00a7 327.32 or \u00a7 327.33."], ["46:46:8.0.1.9.27.2.12.2", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "B", "Subpart B\u2014Admiralty Extension Act Claims; Administrative Action and Litigation", "", "\u00a7 327.21 Definitions.", "FMC", "", "", "", "The following definitions apply to this subpart:\n\n(a)  Accrual date.  The day on which the alleged wrongful act or omission results in injury or damage for which a claim is made.\n\n(b)  Claim.  A written notification of an incident, signed by the claimant, describing the incident and explaining why the United States is liable. The claim shall be accompanied by a demand for the payment of a sum certain of money, with a statement as to how that sum certain was calculated and all documents supporting the amount claimed. Where damages for medical injuries are made, the doctor's statement relating the injuries to the accident should be attached as well as medical release forms for each treating physician, hospital, and medical care provider."], ["46:46:8.0.1.9.27.2.12.3", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "B", "Subpart B\u2014Admiralty Extension Act Claims; Administrative Action and Litigation", "", "\u00a7 327.22 Who may present claims.", "FMC", "", "", "", "(a)  General rules.  (1) A claim for property loss or damage may be presented by anyone having an interest in the property, including an insurer or other subrogee.\n\n(2) A claim for personal injury may be presented by the person injured.\n\n(3) A claim based on death may be presented by the executor or administrator of the decedent's estate, or any other person legally entitled to assert such a claim under local law. The claimant's status must be stated in the claim.\n\n(4) A claim for medical, hospital, or burial expenses may be presented by any person who by reason of family relationship has, in fact, incurred the expenses.\n\n(b) A joint claim must be presented in the names of and signed by, the joint claimants, and the settlement will be made payable to the joint claimants.\n\n(c) A claim may be presented by a duly authorized agent, legal representative or survivor, if it is presented in the name of the claimant. If the claim is not signed by the claimant, the agent, legal representative, or survivor shall indicate their title or legal capacity and provide evidence of their authority to present the claim.\n\n(d) Where the same claimant has a claim for damage to or loss of property and a claim for personal injury or a claim based on death arising out of the same incident, they must be combined in one claim."], ["46:46:8.0.1.9.27.2.12.4", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "B", "Subpart B\u2014Admiralty Extension Act Claims; Administrative Action and Litigation", "", "\u00a7 327.23 Insurance and other subrogated claims.", "FMC", "", "", "", "(a) The claims of an insured (subrogor) and an insurer (subrogee) for damages arising out of the same incident constitute a single claim.\n\n(b) An insured (subrogor) and an insurer (subrogee) may file a claim jointly or separately. If the insurer has fully reimbursed the insured, payment will only be made to the insurer. If separate claims are filed, the settlement will be made payable to each claimant to the extent of that claimant's undisputed interest. If joint claims are filed, the settlement will be sent to the insurer.\n\n(c) Each claimant shall include with a claim, a written disclosure concerning insurance coverage including:\n\n(1) The names and addresses of all insurers;\n\n(2) The kind and amount of insurance;\n\n(3) The policy number;\n\n(4) Whether a claim has been or will be presented to an insurer, and, if so, the amount of that claim; and whether the insurer has paid the claim in whole or in part, or has indicated payment will be made.\n\n(d) Each subrogee shall substantiate an interest or right to file a claim by appropriate documentary evidence and shall support the claim as to liability and measure of damages in the same manner as required of any other claimant. Documentary evidence of payment to a subrogor does not constitute evidence of liability of the United States or conclusive evidence of the amount of damages. The Maritime Administration makes an independent determination on the issues of fact and law based upon the evidence of record."], ["46:46:8.0.1.9.27.2.12.5", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "B", "Subpart B\u2014Admiralty Extension Act Claims; Administrative Action and Litigation", "", "\u00a7 327.24 Actions by claimant.", "FMC", "", "", "", "(a)  Form of claim.  The claim must meet the requirements of this section.\n\n(b)  Presentation.  The claim must be presented in writing to the Office of Chief Counsel, Attn. Chief Counsel, Maritime Administration, Department of Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590-0001."], ["46:46:8.0.1.9.27.2.12.6", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "B", "Subpart B\u2014Admiralty Extension Act Claims; Administrative Action and Litigation", "", "\u00a7 327.25 Contents of a claim.", "FMC", "", "", "", "(a) A valid claim will contain the following:\n\n(1) Identification of the Maritime Administration as the agency whose act or omission gave rise to the claim;\n\n(2) The full name and mailing address of the claimant. If this mailing address is not claimant's residence, the claimant shall also include residence address;\n\n(3) The date, time, and place of the incident giving rise to the claim;\n\n(4) The amount claimed, in a sum certain, supported by independent evidence of property damage or loss, personal injury, or death, as applicable together with supporting medical records and a HIPPA compliant medical waiver for each treating physician or hospital;\n\n(5) A detailed description of the incident giving rise to the claim and the factual basis upon which it is claimed the Maritime Administration is liable for the claim;\n\n(6) A description of any property damage or loss, including the identity of the owner, if other than the claimant, as applicable;\n\n(7) The nature and extent of the injury, as applicable;\n\n(8) The full name, title, if any, and address of any witness to the incident and a brief statement of the witness' knowledge of the incident;\n\n(9) A description of any insurance carried by the claimant or owner of the property and the status of any insurance claim arising from the incident; and\n\n(10) An agreement by the claimant to accept the total amount claimed in full satisfaction and final settlement of the claim, lien or subrogation claim on the claimed amount, or any assignment of the claim.\n\n(b) A claimant or duly authorized agent or legal representative must sign in ink a claim and any amendment to that claim. The claim shall include a statement that the information provided is true and correct to the best of the claimant's knowledge, information, and belief. If the person's signature does not include the first name, middle initial, if any, and surname, that information must be included in the claim. A married woman must sign her claim in her given name,  e.g.,  \u201cMary A. Doe,\u201d rather than \u201cMrs. John Doe.\u201d"], ["46:46:8.0.1.9.27.2.12.7", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "B", "Subpart B\u2014Admiralty Extension Act Claims; Administrative Action and Litigation", "", "\u00a7 327.26 Evidence supporting a claim.", "FMC", "", "", "", "(a) The claimant shall present any evidence in the claimant's possession that supports the claim. This evidence shall include, if available, statements of witnesses, accident or casualty reports, photographs and drawings.\n\n(b) Notwithstanding anything in the regulations in this subpart, the claimant shall provide such additional reasonable documents and evidence as requested by the Maritime Administration with respect to the claim. Failure to respond to reasonable requests for additional information and documentation can result in a determination that a valid claim has not been submitted."], ["46:46:8.0.1.9.27.2.12.8", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "B", "Subpart B\u2014Admiralty Extension Act Claims; Administrative Action and Litigation", "", "\u00a7 327.27 Proof of amount claimed for personal injury.", "FMC", "", "", "", "The following evidence must be presented when appropriate in claims:\n\n(a) Itemized medical, hospital, and burial bills.\n\n(b) A written report by the attending physician including:\n\n(1) The nature and extent of the injury and the treatment;\n\n(2) The necessity and reasonableness of the various medical expenses incurred;\n\n(3) Duration of time injuries prevented or limited employment;\n\n(4) Past, present, and future limitations on employment;\n\n(5) Duration and extent of pain and suffering and of any disability or physical disfigurement;\n\n(6) A current prognosis;\n\n(7) Any anticipated medical expenses;\n\n(8) Any past medical history of the claimant relevant to the particular injury alleged; and\n\n(9) If required by the Maritime Administration, an examination by an independent medical facility or physician to provide independent medical evidence against which to evaluate the written report of the claimant's physician. The Maritime Administration determines the need for this examination, makes mutually convenient arrangements for such an examination, and bears the costs thereof.\n\n(c) All hospital records or other medical documents from either this injury or any relevant past injury.\n\n(d) If the claimant is employed, a written statement by the claimant's employer certifying the claimant's:\n\n(1) Age;\n\n(2) Occupation;\n\n(3) Hours of employment;\n\n(4) Hourly rate of pay or weekly salary;\n\n(5) Time lost from work as a result of the incident; and\n\n(6) Claimant's actual period of employment, full-time or part-time, and any effect of the injury upon such employment to support claims for lost earnings.\n\n(e) If the claimant is self-employed, written statements, or other evidence showing:\n\n(1) The amount of earnings actually lost; and\n\n(2) The Federal tax return if filed for the three previous years.\n\n(f) If the claim arises out of injuries to a person providing services to the claimant, statement of the cost necessarily incurred to replace the services to which claimant is entitled under law."], ["46:46:8.0.1.9.27.2.12.9", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "B", "Subpart B\u2014Admiralty Extension Act Claims; Administrative Action and Litigation", "", "\u00a7 327.28 Proof of amount claimed for loss of, or damage to, property.", "FMC", "", "", "", "The following evidence must be presented when appropriate:\n\n(a) For each particular lost item, evidence of its value such as a bill of sale and a written appraisal, or two written appraisals, from separate disinterested dealers or brokers, market quotations, commercial catalogs, or other evidence of the price at which like property can be obtained in the community. The Maritime Administration may waive these requirements when circumstances warrant. The reasonable cost of any appraisal may be included as an element of damage if not deductible from any bill submitted to claimant.\n\n(b) For each particular damaged item which can be economically repaired, evidence of cost of repairs such as a receipted bill and one estimate, or two estimates, from separate disinterested repairmen. The Maritime Administration may waive these requirements when circumstances warrant. The reasonable cost of any estimate may be included as an element of damage if not deductible from any repair bill submitted to claimant.\n\n(c) For any claim for property damage which may result in payment in excess of $20,000.00, a survey or appraisal shall be performed as soon as practicable after the damage accrues, and, unless waived in writing, shall be performed jointly with a government representative.\n\n(d) If the item is so severely damaged that it cannot be economically repaired or used, it shall be treated as a lost item.\n\n(e) If a claim includes loss of earnings or use during repairs to the damaged property, the following must also be furnished and supported by competent evidence:\n\n(1) The date the property was damaged;\n\n(2) The name and location of the repair facility;\n\n(3) The beginning and ending dates of repairs and an explanation of any delay between the date of damage and the beginning date;\n\n(4) A complete description of all repairs performed, segregating any work performed for the owner's account and not attributable to the incident involved, and the costs thereof;\n\n(5) The date and place the property was returned to service after completion of repairs, and an explanation, if applicable, of any delay;\n\n(6) Whether or not a substitute for the damaged property was available. If a substitute was used by the claimant during the time of repair, an explanation of the necessity of using the substitute, how it was used, and for how long, and the costs involved. Any costs incurred that would have been similarly incurred by the claimant in using the damaged property must be identified;\n\n(7) Whether or not during the course of undergoing repairs the property would have been used, and an explanation submitted showing the identity of the person who offered that use, the terms of the offer, time of prospective service, and rate of compensation; and\n\n(8) If at the time of damage the property was under charter or hire, or was otherwise employed, or would have been employed, the claimant shall submit a statement of operating expenses that were, or would have been, incurred. This statement shall include wages and all bonuses which would have been paid, the value of fuel and the value of consumable stores, separately stated, which would have been consumed, and all other costs of operation which would have been incurred including, but not limited to, license and parking fees, personnel expenses, harbor fees, wharfage, dockage, shedding, stevedoring, towage, pilotage, inspection, tolls, lockage, anchorage and moorage, grain elevation, storage, and customs fees.\n\n(f) For each item which is lost, actual or constructive, proof of ownership."], ["46:46:8.0.1.9.27.3.12.1", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "C", "Subpart C\u2014Other Admiralty Claims", "", "\u00a7 327.40 Other Admiralty claims.", "FMC", "", "", "", "(a) Admiralty claims caused by United States owned and operated vessels on navigable waters or otherwise that are not covered under the Clarification Act (50 U.S.C. app. 1291(a)), the Admiralty Extension Act (46 U.S.C. 30101) or the Contracts Disputes Act (41 U.S.C. 601  et. seq. ) may be filed with the Maritime Administration in accordance with \u00a7\u00a7 327.40 through 327.52.\n\n(b) A civil action against the United States for admiralty claims caused by United States owned and operated vessels on navigable waters or otherwise that are not covered under the Clarification Act (50 U.S.C. App. 1291(a)), the Admiralty Extension Act (46 U.S.C. 30101) or the Contracts Disputes Act (41 U.S.C. 601  et. seq. ) may be brought without the filing of an administrative claim. This Part III sets forth the optional procedure for filing such claims with the Maritime Administration in advance of litigation. Once litigation is filed, the authority to handle such claims is vested with the Justice Department, not the agency.\n\n(c) Proceeding against the United States pursuant to the requirements this Part III is not a requirement for filing suit against the United States of America, acting by and through the Maritime Administration, with respect to such admiralty claims."], ["46:46:8.0.1.9.27.3.12.10", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "C", "Subpart C\u2014Other Admiralty Claims", "", "\u00a7 327.49 Effect of other payments to claimant.", "FMC", "", "", "", "The total amount to which the claimant may be entitled is normally computed as follows:\n\n(a) The total amount of the loss, damage, or personal injury suffered for which the United States is liable, less any payment the claimant has received from the following sources:\n\n(1) The military member or civilian employee who caused the incident;\n\n(2) The military member's or civilian employee's insurer; and\n\n(3) Any joint tort-feasor or insurer.\n\n(b) No deduction is generally made for any payment the claimant has received by way of voluntary contributions, such as donations of charitable organizations."], ["46:46:8.0.1.9.27.3.12.11", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "C", "Subpart C\u2014Other Admiralty Claims", "", "\u00a7 327.50 Statute of limitations for other admiralty claims and claim requirements.", "FMC", "", "", "", "A civil suit must be filed within the statute of limitations of the specific admiralty claim. The start date for such statute of limitations determinations shall be the Accrual Date."], ["46:46:8.0.1.9.27.3.12.12", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "C", "Subpart C\u2014Other Admiralty Claims", "", "\u00a7 327.51 Statute of limitations not tolled by administrative consideration of claims.", "FMC", "", "", "", "The statute of limitations for filing a civil action under 46 U.S.C. 30101(b) is not tolled by the Maritime Administration's administrative consideration of a claim."], ["46:46:8.0.1.9.27.3.12.13", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "C", "Subpart C\u2014Other Admiralty Claims", "", "\u00a7 327.52 Notice of claim acceptance or denial.", "FMC", "", "", "", "The Maritime Administration shall give prompt notice in writing of the acceptance or denial of each claim in whole or in part, by mail to the last known address of, or by personal delivery to, the claimant or the claimant's legal representative. In the case of denial, such notice shall contain a brief statement of the reason for such a denial."], ["46:46:8.0.1.9.27.3.12.2", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "C", "Subpart C\u2014Other Admiralty Claims", "", "\u00a7 327.41 Definitions.", "FMC", "", "", "", "The following definitions apply to this subpart:\n\n(a)  Accrual date.  The day on which the alleged wrongful act or omission results in injury or damage for which a claim is made.\n\n(b)  Claim.  A written notification of an incident, signed by the claimant, describing the incident and explaining why the United States is liable. The claim shall be accompanied by a demand for the payment of a sum certain of money, with a statement as to how that sum certain was calculated and all documents supporting the amount claimed. Where damages for medical injuries are made, the doctor's statement relating the injuries to the accident should be attached as well as medical release forms for each treating physician, hospital, and medical care provider."], ["46:46:8.0.1.9.27.3.12.3", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "C", "Subpart C\u2014Other Admiralty Claims", "", "\u00a7 327.42 Who may present claims.", "FMC", "", "", "", "(a)  General rules.  (1) A claim for property loss or damage may be presented by anyone having an interest in the property, including an insurer or other subrogee.\n\n(2) A claim for personal injury may be presented by the person injured.\n\n(3) A claim based on death may be presented by the executor or administrator of the decedent's estate, or any other person legally entitled to assert such a claim under local law. The claimant's status must be stated in the claim.\n\n(4) A claim for medical, hospital, or burial expenses may be presented by any person who by reason of family relationship has, in fact, incurred the expenses.\n\n(5) A joint claim must be presented in the names of and signed by, the joint claimants, and the settlement must be made payable to the joint claimants.\n\n(b) A claim may be presented by a duly authorized agent, legal representative or survivor, if it is presented in the name of the claimant. If the claim is not signed by the claimant, the agent, legal representative, or survivor shall indicate their title or legal capacity and provide evidence of their authority to present the claim.\n\n(c) Where the same claimant has a claim for damage to or loss of property and a claim for personal injury or a claim based on death arising out of the same incident, they must be combined in one claim."], ["46:46:8.0.1.9.27.3.12.4", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "C", "Subpart C\u2014Other Admiralty Claims", "", "\u00a7 327.43 Insurance and other subrogated claims.", "FMC", "", "", "", "(a) The claims of an insured (subrogor) and an insurer (subrogee) for damages arising out of the same incident constitute a single claim.\n\n(b) An insured (subrogor) and an insurer (subrogee) may file a claim jointly or separately. If the insurer has fully reimbursed the insured, payment will only be made to the insurer. If separate claims are filed, the settlement will be made payable to each claimant to the extent of that claimant's undisputed interest. If joint claims are filed, the settlement will be sent to the insurer.\n\n(c) Each claimant shall include with a claim, a written disclosure concerning insurance coverage including:\n\n(1) The names and addresses of all insurers;\n\n(2) The kind and amount of insurance;\n\n(3) The policy number; and\n\n(4) Whether a claim has been or will be presented to an insurer, and, if so, the amount of that claim; and whether the insurer has paid the claim in whole or in part, or has indicated payment will be made.\n\n(d) Each subrogee shall substantiate an interest or right to file a claim by appropriate documentary evidence and shall support the claim as to liability and measure of damages in the same manner as required of any other claimant. Documentary evidence of payment to a subrogor does not constitute evidence of liability of the United States or conclusive evidence of the amount of damages. The Maritime Administration makes an independent determination on the issues of fact and law based upon the evidence of record."], ["46:46:8.0.1.9.27.3.12.5", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "C", "Subpart C\u2014Other Admiralty Claims", "", "\u00a7 327.44 Actions by claimant.", "FMC", "", "", "", "(a)  Form of claim.  The claim should meet the requirements of \u00a7 327.44.\n\n(b)  Presentation.  The claim must be presented in writing to the Office of Chief Counsel, Attn: Chief Counsel, Maritime Administration, Department of Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590-0001."], ["46:46:8.0.1.9.27.3.12.6", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "C", "Subpart C\u2014Other Admiralty Claims", "", "\u00a7 327.45 Contents of a claim.", "FMC", "", "", "", "(a) A properly filed claim shall include the following, however, any of the following requirements may be waived by the Maritime Administration:\n\n(1) Identification of the Maritime Administration as the agency whose act or omission gave rise to the claim;\n\n(2) The full name and mailing address of the claimant. If this mailing address is not claimant's residence, the claimant shall also include residence address;\n\n(3) The date, time, and place of the incident giving rise to the claim;\n\n(4) The amount claimed, in a sum certain, supported by independent evidence of property damage or loss, personal injury, or death, as applicable together with supporting medical records and a HIPPA compliant medical waiver for each treating physician, hospital, or medical provider;\n\n(5) A detailed description of the incident giving rise to the claim and the factual basis upon which it is claimed the United States is liable for the claim;\n\n(6) A description of any property damage or loss, including the identity of the owner, if other than the claimant, as applicable;\n\n(7) The nature and extent of the injury, as applicable;\n\n(8) The full name, title, if any, and address of any witness to the incident and a brief statement of the witness' knowledge of the incident;\n\n(9) A description of any insurance carried by the claimant or owner of the property and the status of any insurance claim arising from the incident; and\n\n(10) An agreement by the claimant to accept the total amount claimed in full satisfaction and final settlement of the claim, lien, or subrogation claim on the claimed amount, or any assignment of the claim.\n\n(b) A claimant or duly authorized agent or legal representative must sign in ink a claim and any amendment to that claim. The claim shall include a statement that the information provided is true and correct to the best of the claimant's knowledge, information, and belief. If the person's signature does not include the first name, middle initial, if any, and surname, that information must be included in the claim. A married woman must sign her claim in her given name,  e.g.,  \u201cMary A. Doe,\u201d rather than \u201cMrs. John Doe.\u201d"], ["46:46:8.0.1.9.27.3.12.7", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "C", "Subpart C\u2014Other Admiralty Claims", "", "\u00a7 327.46 Evidence supporting a claim.", "FMC", "", "", "", "(a) The claimant should present any evidence in the claimant's possession that supports the claim. This evidence shall include, if available, statements of witnesses, accident or casualty reports, photographs and drawings.\n\n(b) Notwithstanding anything in the regulations in this subpart, the claimant shall provide such additional documents and evidence as requested by the Maritime Administration with respect to the claim. Failure to respond to reasonable requests for additional information and documentation can result in a determination that a proper claim has not been submitted."], ["46:46:8.0.1.9.27.3.12.8", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "C", "Subpart C\u2014Other Admiralty Claims", "", "\u00a7 327.47 Proof of amount claimed for personal injury.", "FMC", "", "", "", "The following evidence must be presented when appropriate in claims:\n\n(a) Itemized medical, hospital, and burial bills.\n\n(b) A written report by the attending physician including:\n\n(1) The nature and extent of the injury and the treatment;\n\n(2) The necessity and reasonableness of the various medical expenses incurred;\n\n(3) Duration of time injuries prevented or limited employment;\n\n(4) Past, present, and future limitations on employment;\n\n(5) Duration and extent of pain and suffering and of any disability or physical disfigurement;\n\n(6) A current prognosis;\n\n(7) Any anticipated medical expenses;\n\n(8) Any past medical history of the claimant relevant to the particular injury alleged; and\n\n(9) At the request of the Maritime Administration, an examination by an independent medical facility or physician may be required to provide independent medical evidence against which to evaluate the written report of the claimant's physician. The Maritime Administration determines the need for this examination, makes mutually convenient arrangements for such an examination, and bears the costs thereof.\n\n(c) All hospital records or other medical documents from either this injury or any relevant past injury.\n\n(d) If the claimant is employed, a written statement by the claimant's employer certifying the claimant's:\n\n(1) Age;\n\n(2) Occupation;\n\n(3) Hours of employment;\n\n(4) Hourly rate of pay or weekly salary;\n\n(5) Time lost from work as a result of the incident; and\n\n(6) Claimant's actual period of employment, full-time or part-time, and any effect of the injury upon such employment to support claims for lost earnings.\n\n(e) If the claimant is self-employed, written statements, or other evidence showing:\n\n(1) The amount of earnings actually lost, and\n\n(2) The Federal tax return, if filed, for the three previous years.\n\n(f) If the claim arises out of injuries to a person providing services to the claimant, statement of the cost necessarily incurred to replace the services to which claimant is entitled under law."], ["46:46:8.0.1.9.27.3.12.9", 46, "Shipping", "II", "I-A", "327", "PART 327\u2014SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION", "C", "Subpart C\u2014Other Admiralty Claims", "", "\u00a7 327.48 Proof of amount claimed for loss of, or damage to, property.", "FMC", "", "", "", "The following evidence should be presented when appropriate:\n\n(a) For each particular lost item, evidence of its value such as a bill of sale and a written appraisal, or two written appraisals, from separate disinterested dealers or brokers, market quotations, commercial catalogs, or other evidence of the price at which like property can be obtained in the community. The Maritime Administration may waive these requirements when circumstances warrant. The reasonable cost of any appraisal may be included as an element of damage if not deductible from any bill submitted to claimant.\n\n(b) For each particular damaged item which can be economically repaired, evidence of cost of repairs such as a receipted bill and one estimate, or two estimates, from separate disinterested repairmen. The Maritime Administration may waive these requirements when circumstances warrant. The reasonable cost of any estimate may be included as an element of damage if not deductible from any repair bill submitted to claimant.\n\n(c) For any claim which may result in payment in excess of $20,000.00, a survey or appraisal shall be performed as soon as practicable after the damage accrues, and, unless waived in writing, shall be performed jointly with a government representative.\n\n(d) If the item is so severely damaged that it cannot be economically repaired or used, it shall be treated as a lost item.\n\n(e) If a claim includes loss of earnings or use during repairs to the damaged property, the following must also be furnished and supported by competent evidence:\n\n(1) The date the property was damaged;\n\n(2) The name and location of the repair facility;\n\n(3) The beginning and ending dates of repairs and an explanation of any delay between the date of damage and the beginning date;\n\n(4) A complete description of all repairs performed, segregating any work performed for the owner's account and not attributable to the incident involved, and the costs thereof;\n\n(5) The date and place the property was returned to service after completion of repairs, and an explanation, if applicable, of any delay;\n\n(6) Whether or not a substitute for the damaged property was available. If a substitute was used by the claimant during the time of repair, an explanation of the necessity of using the substitute, how it was used, and for how long, and the costs involved. Any costs incurred that would have been similarly incurred by the claimant in using the damaged property must be identified;\n\n(7) Whether or not during the course of undergoing repairs the property would have been used, and an explanation submitted showing the identity of the person who offered that use, the terms of the offer, time of prospective service, and rate of compensation; and\n\n(8) If at the time of damage the property was under charter or hire, or was otherwise employed, or would have been employed, the claimant shall submit a statement of operating expenses that were, or would have been, incurred. This statement shall include wages and all bonuses which would have been paid, the value of fuel and the value of consumable stores, separately stated, which would have been consumed, and all other costs of operation which would have been incurred including, but not limited to, license and parking fees, personnel expenses, harbor fees, wharfage, dockage, shedding, stevedoring, towage, pilotage, inspection, tolls, lockage, anchorage and moorage, grain elevation, storage, and customs fees.\n\n(f) For each item which is lost, actual or constructive, proof of ownership."], ["9:9:2.0.2.1.25.0.7.1", 9, "Animals and Animal Products", "III", "A", "327", "PART 327\u2014IMPORTED PRODUCTS", "", "", "", "\u00a7 327.1 Definitions; application of provisions.", "FSIS", "", "", "[35 FR 15610, Oct. 3, 1970, as amended at 36 FR 12004, June 24, 1971; 54 FR 41048, Oct. 5, 1989; 79 FR 56232, Sept. 19, 2014]", "(a) When used in this part, the following terms are defined to mean:\n\n(1)  Import (imported).  To bring within the territorial limits of the United States whether that arrival is accomplished by land, air, or water.\n\n(2)  Offer(ed) for entry.  The point at which the importer presents the imported product for reinspection.\n\n(3)  Entry (entered).  The point at which imported product offered for entry receives reinspection and is marked with the official mark of inspection, as required by \u00a7 327.26.\n\n(b) The provisions of this part shall apply to products derived from cattle, sheep, swine, goats, horses, mules, and other equines, if capable of use as human food. Compliance with the conditions for importation of products under this part does not excuse the need for compliance with applicable requirements under other laws, including the provisions in parts 94, 95, and 96 of chapter I of this title."], ["9:9:2.0.2.1.25.0.7.10", 9, "Animals and Animal Products", "III", "A", "327", "PART 327\u2014IMPORTED PRODUCTS", "", "", "", "\u00a7 327.10 Samples; inspection of consignments; refusal of entry; marking.", "FSIS", "", "", "[35 FR 15610, Oct. 3, 1970, as amended at 53 FR 17014, May 13, 1988; 54 FR 41048, Oct. 5, 1989; 87 FR 63423, Oct. 19, 2022]", "(a) Program inspectors may take, without cost to the United States, for laboratory examination, samples of any product which is subject to analysis, from each consignment offered for importation, except that such samples shall not be taken of any product offered for importation under \u00a7 327.16.\n\n(b) Except for product offered for entry from Canada, the outside containers of all products offered for entry from any foreign country and accompanied with a foreign inspection certificate as required by this part, which, upon reinspection by import inspectors are found not to be adulterated or misbranded and are otherwise eligible for entry into the United States under this part, or the products themselves if not in containers, shall be marked with the official inspection legend prescribed in \u00a7 327.26 of this part. Except for Canadian product, all other products so marked, in compliance with this part, shall be entered into the United States, insofar as such entry is regulated under the Act.\n\n(c) Product which is inspected and rejected shall be marked \u201cU.S. Refused Entry\u201d as shown in \u00a7 327.26(c). Such marks shall be applied to the shipping container or the product itself if not in a container.\n\n(d) The inspection legend may be placed on containers of product before completion of official import inspection if the containers are being inspected by an import inspector who reports directly to an Import Field Office Supervisor; the product is not required to be held at the establishment pending the receipt of laboratory test results; and a written procedure for controlled stamping, submitted by the import establishment and approved by the Director, Import Inspection Division, is on file at the import inspection facility where the inspection is to be performed.\n\n(1) The written procedure for controlled pre-stamping should be in the form of a letter and shall include the following:\n\n(i) That stamping under this part will be limited to those lots of product which can be inspected on the day that certificates for the product are examined;\n\n(ii) That all product which has been pre-stamped will be stored in the facility where the import inspection will occur;\n\n(iii) That inspection marks applied under this part will be removed from any lot of product subsequently refused entry on the day the product is rejected; and\n\n(iv) That the establishment will maintain a daily stamping log containing the following information for each lot of product: the date of inspection, the country of origin, the foreign establishment number, the product name, the number of units, the shipping container marks, and the MP-410 number covering the product to be inspected. The daily stamping log must be retained by the establishment in accordance with the requirements of \u00a7 320.3.\n\n(2) An official import establishment's controlled pre-stamping privilege may be cancelled orally or in writing by the inspector or other Agency employee who is supervising its enforcement whenever the employee finds that the official import establishment has failed to comply with the provisions of this part or any conditions imposed pursuant thereto. If the cancellation is oral, the decision or action and the reasons therefor will be confirmed in writing, as promptly as circumstances allow. Any person whose controlled pre-stamping privilege has been cancelled may appeal the decision or action in accordance with 9 CFR 500.9. The appeal must state all of the facts and reasons upon which the person relies to show that the controlled pre-stamping privilege was wrongfully cancelled."], ["9:9:2.0.2.1.25.0.7.11", 9, "Animals and Animal Products", "III", "A", "327", "PART 327\u2014IMPORTED PRODUCTS", "", "", "", "\u00a7 327.11 Receipts to importers for import product samples.", "FSIS", "", "", "[35 FR 15610, Oct. 3, 1970, as amended at 51 FR 37707, Oct. 24, 1986]", "In order that importers may be assured that samples of foreign products collected for laboratory examination are to be used exclusively for that purpose, official receipts shall be issued and delivered to importers, or their agents, by inspectors for all samples of foreign products collected. The official receipt shall be prepared in duplicate, over the signature of the inspector who collects the samples, and shall show the name of the importer, country of origin, quantity and kind of product collected, date of collection, and that the sample was collected for laboratory examination. The duplicate copy of the receipt shall be retained by the inspectors as their office record."], ["9:9:2.0.2.1.25.0.7.12", 9, "Animals and Animal Products", "III", "A", "327", "PART 327\u2014IMPORTED PRODUCTS", "", "", "", "\u00a7 327.12 Foreign canned or packaged products bearing trade labels; sampling and inspection.", "FSIS", "", "", "[35 FR 15610, Oct. 3, 1970, as amended at 49 FR 36818, Sept. 20, 1984]", "(a) Samples of foreign canned or packaged products bearing on their immediate containers trade labels which have not been approved under \u00a7 317.3 of this subchapter shall be collected and forwarded to the laboratory by the Program inspector for examination, and the products shall be held pending receipt of the report of the laboratory findings and the results of the examination of trade labels and the marks on shipping containers.\n\n(b) Foreign canned or packaged products bearing trade labels and other markings which have been approved under \u00a7 317.3 of this subchapter shall be inspected for soundness and checked for net weight. Samples may be collected for laboratory examination, but the products may be released under customs' bond pending the report of laboratory findings.\n\n(c) Samples shall be taken from foreign canned products or packaged products as required by \u00a7 327.6 (a) and (j) of this part."], ["9:9:2.0.2.1.25.0.7.13", 9, "Animals and Animal Products", "III", "A", "327", "PART 327\u2014IMPORTED PRODUCTS", "", "", "", "\u00a7 327.13 Foreign products offered for importation; reporting of findings to customs; handling of articles refused entry.", "FSIS", "", "", "[35 FR 15610, Oct. 3, 1970, as amended at 48 FR 15889, Apr. 13, 1983; 49 FR 29568, July 23, 1984; 50 FR 19907, May 13, 1985; 53 FR 17015, May 13, 1988; 54 FR 50735, Dec. 11, 1989]", "(a)(1) Program inspectors shall report their findings as to any product which has been inspected in accordance with this part, to the Director of Customs at the original port of entry where the same is offered for clearance through Customs inspection.\n\n(2) When product has been identified as \u201cU.S. refused entry, \u201d the inspector shall request the Director of Customs to refuse admission to such product and to direct that it be exported by the owner or consignee within the time specified in this section, unless the owner or consignee, within the specified time, causes it to be destroyed by disposing of it under the supervision of a Program employee so that the product can no longer be used as human food, or by converting it to animal food uses, if permitted by the Food and Drug Administration. The owner or consignee of the refused entry product shall not transfer legal title to such product, except to a foreign consignee for direct and immediate exportation, or to an end user, e.g., an animal food manufacturer or a renderer, for destruction for human food purposes. \u201cRefused entry\u201d product must be delivered to and used by the manufacturer or renderer within the 45-day time limit. Even if such title is illegally transferred, the subsequent purchaser will still be required to export the product or have it destroyed as specified in the notice under paragraph (a)(5) of this section.\n\n(3) No lot of product which has been refused entry may be subdivided during disposition pursuant to paragraph (a)(2) of this section, except that removal and destruction of any damaged or otherwise unsound product from a lot destined for reexportation is permitted under supervision of USDA prior to exportation. Additionally, such refused entry lot may not be shipped for export from any port other than that through which the product came into the United States, without the expressed consent of the Administrator based on full information concerning the product's disposition, including the name of the vessel and the date of export. For the purposes of this paragraph, the term \u201clot\u201d shall refer to that product indentified on MP Form 410 in the original request for inspection for importation pursuant to \u00a7 327.5.\n\n(4) Product which has been refused entry solely because of misbranding, in lieu of exportation or destruction pursuant to paragraph (a)(2) of this section, may be brought into compliance with the requirements of this part, under supervision of an authorized representative of the Administrator.\n\n(5) The owner or consignee shall have 45 days after notice is given by FSIS to the Director of Customs at the original port of entry to take the action required in paragraph (a)(2) of this section for \u201crefused entry\u201d product. Extension beyond the 45-day period may be granted by the Administrator when extreme circumstances warrant it; e.g., a dock workers' strike or an unforeseeable vessel delay.\n\n(6) If the owner or consignee fails to take the required action within the time specified under paragraph (a)(5) of this section, the Department will take such action as may be necessary to effectuate its order to have the product destroyed for human food purposes. The Department shall seek court costs and fees, storage, and proper expense in the appropriate legal forum.\n\n(7) No product which has been refused entry and exported to another country pursuant to paragraph (a)(2) of this section may be returned to the United States under any circumstance. Any such product so returned to the United States shall be subject to administrative detention in accordance with section 402 of the Act and seizure and condemnation in accordance with section 403 of the Act.\n\n(b) Upon the request of the Director of Customs at the port where a product is offered for clearance through the customs, the consignee of the product shall, at the consignee's own expense, immediately return to the Director any product which has been delivered to consignee under \u00a7 327.7 and subsequently designated \u201cU.S. Refused Entry\u201d or found in any respect not to comply with the requirements in this part.\n\n(c) All charges for storage, cartage, and labor with respect to any product which was imported contrary to the Act shall be paid by the owner or consignee, and in default of such payment shall constitute a lien against such product and any other product thereafter imported by or for such owner or consignee."], ["9:9:2.0.2.1.25.0.7.14", 9, "Animals and Animal Products", "III", "A", "327", "PART 327\u2014IMPORTED PRODUCTS", "", "", "", "\u00a7 327.14 Marking of products and labeling of immediate containers thereof for importation.", "FSIS", "", "", "[35 FR 15610, Oct. 3, 1970, as amended at 51 FR 37707, Oct. 24, 1986; 60 FR 67456, Dec. 29, 1995; 78 FR 66837, Nov. 7, 2013]", "(a) Product which is offered for importation, and which is susceptible of marking, shall, whether or not enclosed in an immediate container, bear the name of the country of origin, preceded by the words \u201cproduct of\u201d; the establishment number assigned by the foreign meat inspection system and certified to the Program; and such other markings as are necessary for compliance with part 316 of this subchapter. When such markings are imprints of stamps or brands made with branding ink, such ink shall be harmless and shall create permanent imprints. In case the name of the country of origin appears as part of an official mark of the national foreign government and such name is prominently and legibly displayed, the words \u201cproduct of\u201d may be omitted.\n\n(b) In addition to the marking of products required under paragraph (a) of this section, the immediate container of any product offered for importation:\n\n(1) Shall bear a label showing in accordance with \u00a7 317.2 of this subchapter all information required by that section (except that the establishment number assigned by the foreign meat inspection system and certified to the Program and the official inspection mark of the foreign meat inspection system shall be shown instead of the official inspection legend of the United States) and in addition the name of the country of origin preceded by the words \u201cproduct of,\u201d immediately under the name or descriptive designation of the product as required by \u00a7 317.2:  Provided,  That such establishment number may be omitted from a label lithographed directly on a can if said number is lithographed or embossed elsewhere on the can; and\n\n(2) Shall, if such immediate container is a sealed metal container, have the establishment number assigned by the foreign meat inspection authority and certified by the Program embossed or lithographed on the sealed metal container, and such establishment number shall not be covered or obscured by any label or other means.\n\n(c) All marks and other labeling for use on or with immediate containers, as well as private brands on carcasses or parts of carcasses, must be approved by the Food Safety and Inspection Service in accordance with part 412 of this chapter before products bearing such marks, labeling, or brands will be entered into the United States. The marks of inspection of foreign systems embossed on metal containers or branded on carcasses or parts thereof need not be submitted to the Food Safety and Inspection Service for approval, and such marks of inspection put on stencils, box dies, labels, and brands may be used on such immediate containers as tierces, barrels, drums, boxes, crates, and large-size fiberboard containers of foreign products without such marks of inspection being submitted for approval, provided the markings made by such articles are applicable to the product and are not false or misleading."], ["9:9:2.0.2.1.25.0.7.15", 9, "Animals and Animal Products", "III", "A", "327", "PART 327\u2014IMPORTED PRODUCTS", "", "", "", "\u00a7 327.15 Outside containers of foreign products; marking and labeling; application of official inspection legend.", "FSIS", "", "", "[35 FR 15610, Oct. 3, 1970, as amended at 51 FR 37707, Oct. 24, 1986; 54 FR 41048, Oct. 5, 1989]", "(a) The outside container in which any immediate container of foreign product is shipped to the United States shall bear, in English, in a prominent and legible manner:\n\n(1) The name or descriptive designation of the product in accordance with \u00a7 317.2 of this subchapter;\n\n(2) The name of the country of origin; and\n\n(3) The establishment number assigned by the foreign meat inspection system and certified to the Program.\n\n(b) All labeling used with an outside container of foreign product must be approved in accordance with part 317 of this subchapter.\n\n(c) Except for product offered for entry from Canada, all outside containers of products which have been inspected and passed in accordance with this part shall be marked by a Program import inspector or under a Program import inspector's supervision with the official import meat inspection mark prescribed in \u00a7 327.26."], ["9:9:2.0.2.1.25.0.7.16", 9, "Animals and Animal Products", "III", "A", "327", "PART 327\u2014IMPORTED PRODUCTS", "", "", "", "\u00a7 327.16 Small importations for importer's own consumption; requirements.", "FSIS", "", "", "[54 FR 41048, Oct. 5, 1989]", "Any product in a quantity of 50 pounds or less which was purchased by the importer outside the United States for his/her own consumption, is eligible to be imported into the United States from any country without compliance with the provisions in other sections of this part but subject to applicable requirements under other laws, including the regulations in part 94 of this title. However, Program employees may inspect any product imported under this section to determine whether it is within the class eligible to be imported under this paragraph."], ["9:9:2.0.2.1.25.0.7.17", 9, "Animals and Animal Products", "III", "A", "327", "PART 327\u2014IMPORTED PRODUCTS", "", "", "", "\u00a7 327.17 Returned U.S. inspected and marked products.", "FSIS", "", "", "[35 FR 15610, Oct. 3, 1970, as amended at 51 FR 37707, Oct. 24, 1986]", "U.S. inspected and passed and so marked products exported to and returned from foreign countries will be admitted into the United States without compliance with this part upon notification to and approval of the Deputy Administrator, International Programs, Food Safety and Inspection Service, U.S. Department of Agriculture, Washington, DC 20250, in specific cases."], ["9:9:2.0.2.1.25.0.7.18", 9, "Animals and Animal Products", "III", "A", "327", "PART 327\u2014IMPORTED PRODUCTS", "", "", "", "\u00a7 327.18 Products offered for entry and entered to be handled and transported as domestic; exception.", "FSIS", "", "", "[35 FR 15610, Oct. 3, 1970, as amended at 41 FR 18089, Apr. 30, 1976; 54 FR 41049, Oct. 5, 1989]", "(a) All products, after entry into the United States, shall be deemed and treated as domestic products and shall be subject to the applicable provisions of the Act and the regulations in this subchapter and the applicable requirements under the Federal Food, Drug and Cosmetic Act, except that products imported under \u00a7 327.16 are required to comply only with the requirements of that Act and \u00a7 327.16 of this subchapter.\n\n(b) Products entered in accordance with this part may, subject to the provisions of part 318 of this subchapter, be taken into official establishments and be mixed with or added to any product in such establishments which has been inspected and passed therein.\n\n(c) Imported product which has been inspected, passed, and marked under this part may be transported in the course of importation or subsequently in commerce only upon compliance with part 325 of this subchapter."], ["9:9:2.0.2.1.25.0.7.19", 9, "Animals and Animal Products", "III", "A", "327", "PART 327\u2014IMPORTED PRODUCTS", "", "", "", "\u00a7 327.19 Specimens for laboratory examination and similar purposes.", "FSIS", "", "", "", "The provisions in this part do not apply to specimens of products for laboratory examination, research, or similar purposes when authorized importation by the Administrator under conditions specified by him in specific cases, including requirements of denaturing or other identification to deter their use for human food. Authorization will not be given for the importation of any products contrary to the provisions of part 94 of this chapter."], ["9:9:2.0.2.1.25.0.7.2", 9, "Animals and Animal Products", "III", "A", "327", "PART 327\u2014IMPORTED PRODUCTS", "", "", "", "\u00a7 327.2 Eligibility of foreign countries for importation of products into the United States.", "FSIS", "", "", "[35 FR 15610, Oct. 3, 1970]", "(a)(1) Whenever it shall be determined by the Administrator that the system of meat inspection maintained by any foreign country, with respect to establishments preparing products in such country for export to the United States, insures compliance of such establishments and their products with requirements equivalent to all the inspection, building construction standards, and all other provisions of the Act and the regulations in this subchapter which are applied to official establishments in the United States, and their products, and that reliance can be placed upon certificates required under this part from authorities of such foreign country, notice of that fact will be given in accordance with paragraph (b) of this section. Thereafter, products prepared in such establishments which are certified and approved in accordance with paragraph (a)(3) of this section, shall be eligible so far as this subchapter is concerned for importation into the United States from such foreign country after applicable requirements of this subchapter have been met.\n\n(2) The determination of acceptability of a foreign meat inspection system for purposes of this section shall be based on an evaluation of the foreign program in accordance with the following requirements and procedures:\n\n(i) The system shall have a program organized and administered by the national government of the foreign country. The system as implemented must provide standards equivalent to those of the Federal system of meat inspection in the United States with respect to:\n\n(A) Organizational structure and staffing, so as to insure uniform enforcement of the requisite laws and regulations in all establishments throughout the system at which products are prepared for export to the United States;\n\n(B) Ultimate control and supervision by the national government over the official activities of all employees or licensees of the system;\n\n(C) The assignment of competent, qualified inspectors;\n\n(D) Authority and responsibility of national inspection officials to enforce the requisite laws and regulations governing meat inspection and to certify or refuse to certify products intended for export;\n\n(E) Adequate administrative and technical support;\n\n(F) The inspection, sanitation, quality, species verification, and residue standards applied to products produced in the United States.\n\n(G) Other requirements of adequate inspection service as required by the regulations in this subchapter.\n\n(ii) The legal authority for the system and the regulations thereunder shall impose requirements equivalent to those governing the system of meat inspection organized and maintained in the United States with respect to:\n\n(A) Ante-mortem inspection of animals for slaughter and inspection of methods of slaughtering and handling in connection with slaughtering which shall be performed by veterinarians or by other employees or licensees of the system under the direct supervision of the veterinarians;\n\n(B) Post-mortem inspection of carcasses and parts thereof at time of slaughter, performed by veterinarians or other employees or licensees of the system under the direct supervision of veterinarians;\n\n(C) Official controls by the national government over establishment construction, facilities, and equipment;\n\n(D) Direct and continuous official supervision of slaughtering and preparation of product, by the assignment of inspectors to establishments certified under paragraph (a)(3) of this section, to assure that adulterated or misbranded product is not prepared for export to the United States;\n\n(E) Complete separation of establishments certified under subparagraph (3) of this paragraph from establishments not certified and the maintenance of a single standard of inspection and sanitation throughout all certified establishments;\n\n(F) Requirements for sanitation at certified establishments and for sanitary handling of product;\n\n(G) Official controls over condemned material until destroyed or removed and thereafter excluded from the establishment;\n\n(H) A Hazard Analysis and Critical Control Point (HACCP) system, as set forth in part 417 of this chapter.\n\n(I) Other matters for which requirements are contained in the Act or regulations in this subchapter.\n\n(iii) Countries desiring to establish eligibility for importation of product into the United States may request a determination of eligibility by presenting copies of the laws and regulations on which the foreign meat inspection system is based and such other information as the Administrator may require with respect to matters enumerated in paragraphs (a)(2) (i) and (ii) of this section. Determination of eligibility is based on a study of the documents and other information presented and an initial review of the system in operation by a representative of the Department using the criteria listed in paragraphs (a)(2) (i) and (ii) of this section. Maintenance of eligibility of a country for importation of products into the United States depends on the results of periodic reviews of the foreign meat inspection system in operation by a representative of the Department, and the timely submission of such documents and other information related to the conduct of the foreign inspection system, including information required by paragraph (e) of section 20 of the Act, as the Administrator may find pertinent to and necessary for the determinations required by this section of the regulations.\n\n(iv) The foreign inspection system must maintain a program to assure that the requirements referred to in this section, equivalent to those of the Federal system of meat inspection in the United States, are being met. The program as implemented must provide for the following:\n\n(A) Periodic supervisory visits by a representative of the foreign inspection system to each establishment certified in accordance with paragraph (a)(3) of this section to ensure that requirements referred to in paragraphs (a)(2)(ii)(A) through (H) of this section are being met: Provided, That such visits are not required with respect to any establishment during a period when the establishment is not operating or is not engaged in producing products for exportation to the United States;\n\n(B) Written reports prepared by the representative of the foreign inspection system who has conducted a supervisory visit, documenting his or her findings with respect to the requirements referred to in (A) through (H) of paragraph (a)(2)(ii) of this section, copies of which shall be made available to the representative of the Department at the time of that representative's review upon request by that representative to a responsible foreign meat inspection official:  Provided,  That such reports are not required with respect to any establishment during a period when the establishment is not operating or is not engaged in producing products for exportation to the United States; and\n\n(C) Random sampling of internal organs and fat of carcasses at the point of slaughter and the testing of such organs and fat, for such residues having been identified by the exporting country's meat inspection authorities or by this Agency as potential contaminants, in accordance with sampling and analytical techniques approved by the Administrator:  Provided,  That such testing is required only on samples taken from carcasses from which meat or meat food products intended for importation into the United States are produced.\n\n(3) Only those establishments that are determined and certified to the Agency by a responsible official of the foreign meat inspection system as fully meeting the requirements of paragraphs (a)(2)(i) and (ii) of this section are eligible to have their products imported into the United States. Establishment eligibility is subject to review by the Agency (including observations of the establishments by Program representatives at times prearranged with the foreign meat inspection system officials). Foreign establishment certifications must be renewed annually. Notwithstanding certification by a foreign official, the Administrator may terminate the eligibility of any foreign establishment for the importation of its products into the United States if it does not comply with the requirements listed in paragraphs (a)(2)(i) and (ii) of this section, or if current establishment information cannot be obtained. The Administrator will provide reasonable notice to the foreign government of the proposed termination of any foreign establishment, unless a delay in terminating its eligibility could result in the importation of adulterated or misbranded product.\n\n(i) For a new establishment, or any establishment for which information from last year's electronic certification or paper certificate has changed, the certification or certificate must contain: The date; the foreign country; the foreign establishment's name, address, and foreign establishment number; the foreign official's title and signature (for paper certificates only); the type of operations conducted at the establishment (e.g., slaughter, processing, storage, exporting warehouse); and the establishment's eligibility status (e.g., new or relisted (if previously delisted)). Slaughter and processing establishment certifications must address the species and type of products produced at the establishment (e.g., the process category).\n\n(ii) If the establishment information provided on the preceding year's electronic foreign establishment certification or paper certificate, as required in paragraph (a)(3)(i) of this section, has not changed, the certification or certificate must contain: The date, the foreign country, the foreign establishment's name, and the foreign official's title and signature (for paper certificates only).\n\n(4) Meat and meat food products from foreign countries not deemed eligible in accordance with paragraph (b) of this section are not eligible for importation into the United States, except as provided by \u00a7 327.16 or \u00a7 327.17. Eligibility of any foreign country under this section may be withdrawn whenever the Administrator determines that the system of meat inspection maintained by such foreign country does not assure compliance with requirements equivalent to all the inspection, building construction standards, and other requirements of the Act and the regulations in this subchapter as applied to official establishments in the United States; or that reliance cannot be placed upon certificates required under this part from authorities of such foreign country; or that, for lack of current information concerning the system of meat inspection being maintained by such foreign country, such foreign country should be required to reestablish its eligibility.\n\n(b) A list of countries eligible to export specific process categories of meat and meat food products is maintained at  http://www.fsis.usda.gov/importlibrary.  Meat and meat food products from listed countries must be accompanied by foreign inspection certificates of the country of origin, as required by \u00a7 327.4, and are eligible under the regulations in this subchapter for entry into the United States after inspection and marking as required by the applicable provisions of this part. Fresh, chilled, or frozen or other product from countries in which rinderpest, foot-and-mouth disease or African swine fever exist, as provided in part 94 of this title, are ineligible for importation into the United States."], ["9:9:2.0.2.1.25.0.7.20", 9, "Animals and Animal Products", "III", "A", "327", "PART 327\u2014IMPORTED PRODUCTS", "", "", "", "\u00a7 327.20 Importation of foreign inedible fats.", "FSIS", "", "", "[54 FR 41049, Oct. 5, 1989]", "No inedible grease, inedible tallow, or other inedible rendered fat shall be imported into the United States unless it has been first denatured as prescribed in \u00a7 327.25 of this part and the containers marked as prescribed by \u00a7 316.15 of this subchapter or unless it is identified and handled as prescribed by \u00a7 325.11 (b) or (c) of this subchapter."], ["9:9:2.0.2.1.25.0.7.21", 9, "Animals and Animal Products", "III", "A", "327", "PART 327\u2014IMPORTED PRODUCTS", "", "", "", "\u00a7 327.21 Inspection procedures for chilled fresh and frozen boneless manufacturing meat.", "FSIS", "", "", "[35 FR 15610, Oct. 3, 1970, as amended at 49 FR 36819, Sept. 20, 1984; 51 FR 44901, Dec. 15, 1986; 54 FR 275, Jan. 5, 1989; 57 FR 27906, June 23, 1992]", "(a)  Definitions; sampling; standards.  (1) Frozen boneless manufacturing meat is meat, frozen in the fresh state from cattle, sheep, swine, goats, horses, mules, or other equines that has all bone removed and is cut into pieces or trimmings, frozen into a compact block of any shape and suitable for slicing or chopping in the manufacturing of meat food products. As used in this section, the term \u201cfrozen\u201d includes \u201cchilled fresh,\u201d and \u201clot\u201d means any amount of frozen boneless manufacturing meat of one species, similarly packaged, shipped from one establishment, and offered for import inspection under one or more foreign inspection certificates.\n\n(2) Imported frozen boneless manufacturing meat shall be sampled as required by \u00a7 327.6(a) of this part, and the samples defrosted for inspection. The Program import inspector, or in the case of Canadian product subject to procedures described in \u00a7 327.5(d)(1), the Canadian representative will select from a lot the appropriate number of cartons specified by the table of sampling plans. The total sample for inspection will consist of the necessary number of 12-pound units drawn from these cartons. The 12-pound units selected will be completely defrosted and examined.\n\n(b)  Lots refused entry.  Reinspection (including resampling) will be provided for any lot of frozen boneless manufacturing meat which was refused entry under this section on the basis of the original evaluation of the sample thereof, upon appeal from the inspector's initial decision."], ["9:9:2.0.2.1.25.0.7.22", 9, "Animals and Animal Products", "III", "A", "327", "PART 327\u2014IMPORTED PRODUCTS", "", "", "", "\u00a7 327.22 [Reserved]", "FSIS", "", "", "", ""], ["9:9:2.0.2.1.25.0.7.23", 9, "Animals and Animal Products", "III", "A", "327", "PART 327\u2014IMPORTED PRODUCTS", "", "", "", "\u00a7 327.23 Compliance procedure for cured pork products offered for entry.", "FSIS", "", "", "[50 FR 9792, Mar. 12, 1985, as amended at 54 FR 41049, Oct. 5, 1989]", "(a)  Definitions.  For the purposes of this section:\n\n(1) A  Product  is that cured pork article which is contained within one Group as defined in paragraph (a)(2) of this section and which purports to meet the criteria for a single product designated under the heading \u201cProduct Name and Qualifying Statements\u201d in the chart in \u00a7 319.104 or \u00a7 319.105 of this subchapter.\n\n(2) A  Product Group  or a  Group  means one of the following:\n\n(i) Group I, consisting of cured pork products which have been cooked while imperviously encased. Any product that fits into the Group shall be placed in this Group regardless of any other considerations.\n\n(ii) Group II, consisting of cured pork products which have been water cooked. Any product that does not fit into Group I but does fit into Group II shall be placed into Group II regardless of any other considerations.\n\n(iii) Group III, consisting of boneless, smokehouse heated cured pork products. Any boneless product that does not fit into Group I or II shall be placed in Group III.\n\n(iv) Group IV, consisting of bone-in or semi-boneless smokehouse heated cured pork products. Any product that is not completely boneless or still contains all the bone which is traditional for bone-in product and does not fit into Group I, II, or III shall be placed in this Group.\n\n(3)  Protein Fat-Free Percentage, Protein Fat-Free Content, PFF Percentage, PFF Content or PFF  of a product means the meat protein (indigenous to the raw, unprocessed pork cut) content expressed as a percent of the non-fat portion of the finished product.\n\n(4) A  PFF Standardized Difference  is the PFF of the sample minus the minimum PFF requirement, set forth in \u00a7 319.104 and \u00a7 319.105 of this subchapter, for the product being analyzed, divided by the Appropriate Standard Deviation for the product group.\n\n(5) The  Absolute Minimum PFF Requirement  is that no laboratory result of an individual sample for PFF content be below the applicable minimum requirement of \u00a7 319.104 or \u00a7 319.105 of this subchapter by 2.3 or more percentage points for a Group I or II product or 2.7 or more percentage points for a Group III or IV product.\n\n(6) A  PFF Standardized Arithmetic Average of the Country's Products  is the arithmetic average of PFF Standardized Differences from either 36 or 100 consecutively sampled lots of product entering the United States from a given producing country.\n\n(7) A  PFF Standardized Weighted Average of the Country's Products  is an estimate of the average of the PFF Standardized Differences from either 36 or 100 consecutively sampled lots, adjusted for the size of the lot, of different types of cured pork product entering the United States from a given producing country. A Standardized Weighted Average is computed by multiplying the PFF Standardized Difference calculated for each lot by the number of pounds of product in each lot, adding those results together, and dividing the sum by the total weight of product from all the lots making up the average.\n\n(8) The  Appropriate Standard Deviation  is based on within lot variability. That assigned to Groups I and II = 0.75 percent PFF and that assigned to Groups III and IV = 0.91 percent PFF.\n\n(9) A  Lot  is all product of one type from one establishment presented by an importer as the unit for inspection at the Port of Entry.\n\n(b)  Normal monitoring procedures.  Except for product imported from Canada, the Department shall collect sample(s) of cured pork product on a random basis from lots offered for entry at the Port of Entry and, after analyzing the sample for fat and indigenous protein content, calculate the PFF percentage. The product shall not be held pending laboratory results during the monitoring phase. The PFF percentage for each sample shall be considered along with the cumulative results of prior samples to assess the effectiveness of a country's overall compliance program and to determine the course of action for subsequent lots of product.\n\n(1) Factors determining whether a country's inspection system is functioning adequately:\n\n(i) The PFF percentage for each sample must not be below the minimum PFF requirement by 2.3 percentage points for cured pork products in Groups I and II or 2.7 percentage points for cured pork products in Groups III and IV.\n\n(ii) Both of the PFF Standardized Averages, Arithmetic and Weighted, for the last 100 consecutive lots of all cured pork products from the country must be equal to or greater than zero. The count for the 100 consecutive lots starts with the lots arriving from that country after April 15, 1985.\n\n(iii) Both of the PFF Standardized Averages, Arithmetic and Weighted, for the last 36 consecutive lots of all cured pork products from the country must be above the lowest 5 percent of the Normal distribution. This minimum value is minus 0.28 (\u22120.28) for the Arithmetic Average and depends on the production volume for the Weighted Average.\n\n(2) Actions when calculations indicate that processing procedures in a country are out-of-compliance:\n\n(i) If the PFF level of a sample taken during normal monitoring procedures is found to be as low as the Absolute Minimum PFF Requirement, the country of origin shall be notified; the lot involved shall be retained if still available in an official establishment or subject to detention or other actions pursuant to the Act; and all subsequently presented lots of that cured pork product from the same foreign establishment shall be held under retention until the provisions of paragraph (c) are satisfied.\n\n(ii) If either of the PFF Standardized Averages, Arithmetic or Weighted, for the last 100 consecutive lots falls below zero or either of the PFF Standardized Averages for the last 36 consecutive lots falls below the upper 95 percent of the Normal distribution, all available cured pork product from the foreign country shall be subject to administrative retention and all subsequently presented lots of cured pork product from the foreign country shall be held under retention until the provisions of paragraph (c) are satisfied. The country of origin shall be notified, and shall be subject to other actions pursuant to the Act.\n\n(c)  Retention.  When lots of cured pork product are under retention they shall be refused entry and reexported in accordance with \u00a7 327.13 of this subchapter unless they can be released in accordance with the provisions of paragraph (c)(1), establishments may be returned to normal monitoring procedures in accordance with paragraph (c)(2), and countries may be returned to normal monitoring procedures in accordance with paragraph (c)(3).\n\n(1) If a lot is subject to retention procedures under this section, the Department shall collect five randomly selected sample units from each lot and determine the PFF of each sample unit. The lot may be released into commerce if:\n\n(i) The average PFF percentage of the five randomly selected sample units is equal to or greater than the applicable minimum PFF percentage required by \u00a7 319.104 or \u00a7 319.105 of this subchapter, or\n\n(ii) The product is relabeled under the supervision of a program employee so that it conforms to the provisions of \u00a7 319.104 or \u00a7 319.105 of this subchapter.\n\n(2) If product from a foreign establishment is subject to retention procedures under this section, the foreign establishment may be returned to normal monitoring procedures when:\n\n(i) Ten consecutively presented lots of that cured pork product from that establishment have been sampled as provided in paragraph (c)(1) of this section and the average of each set of five sample units representing each lot have been found to be equal to or greater than the required minimum PFF percentage; and\n\n(ii) The PFF percentage of each sample unit (50 in all) is above the Absolute Minimum PFF Percentage.\n\n(3) If a country is subject to retention procedures under this section, the country shall be returned to normal monitoring procedures when:\n\n(i) Twenty-five consecutively presented lots of cured pork product have been sampled as required in paragraph (c)(1) of this section and the average of each set of five sample units representing each lot have been found to be equal to or greater than the required minimum PFF percentage; and\n\n(ii) The PFF percentage of each sample unit (125 in all) is above the Absolute Minimum PFF Percentage; and\n\n(iii) Both of the PFF Standardized Averages for 36 consecutive lots are in the required percentage of the Normal distribution; and\n\n(iv) Both of the PFF Standardized Averages for 100 consecutive lots are zero or higher.\n\n(4) The sample units collected under retention procedures as provided in paragraph (c)(2) of this section will not be included in the PFF standardized averages for 36 and 100 consecutive lots.\n\n(d)  Adulterated and Misbranded Products.  Products not meeting specified PFF requirements, determined according to procedures set forth in this section, may be deemed adulterated under section 1(m)(8) of the Act (21 U.S.C. 601(m)(8)) and misbranded under section 1(n) of the Act (21 U.S.C. 601(n)).\n\n(e) Activities requiring additional inspectional supervision, such as relabeling, shall be at the importer's expense. In addition, if the importer wishes, he or she may have samples analyzed at an accredited laboratory."], ["9:9:2.0.2.1.25.0.7.24", 9, "Animals and Animal Products", "III", "A", "327", "PART 327\u2014IMPORTED PRODUCTS", "", "", "", "\u00a7 327.24 Appeals; how made.", "FSIS", "", "", "[87 FR 63423, Oct. 19, 2022]", "Any appeal of a decision or action of any program employee will be made to his/her immediate supervisor having responsibility over the subject matter of the appeal in accordance with 9 CFR 500.9."], ["9:9:2.0.2.1.25.0.7.25", 9, "Animals and Animal Products", "III", "A", "327", "PART 327\u2014IMPORTED PRODUCTS", "", "", "", "\u00a7 327.25 Disposition procedures for product condemned or ordered destroyed under import inspection.", "FSIS", "", "", "[51 FR 37707, Oct. 24, 1986]", "(a) Carcasses, parts thereof, meat and meat food products (other than rendered animal fats) that have been treated in accordance with the provisions of this section shall be considered denatured for the purposes of the regulations in this part, except as otherwise provided in part 314 of this subchapter for articles condemned at official establishments or at official import inspection establishments.\n\n(1) The following agents are prescribed for denaturing carcasses, parts thereof, meat or meat food products which are affected with any condition that would result in their condemnation and disposal under part 314 of this subchapter if they were at an official establishment or at an official import inspection establishment: Crude carbolic acid; cresylic disinfectant; a formula consisting of 1 part FD&C green No. 3 coloring, 40 parts water, 40 parts liquid detergent, and 40 parts oil of citronella, or other proprietary substance approved by the Administrator in specific cases. \n 1\n\n1  Information as to approval of any proprietary denaturing substance may be obtained from the Meat and Poultry Inspection Technical Services, Food Safety and Inspection Service, U.S. Department of Agriculture, Washington, DC 20250.\n\n(2) Meat may be denatured by dipping it in a solution of 0.0625 percent tannic acid, followed by immersion in a water bath, then dipping it in a solution of 0.0625 percent ferric acid; and except as provided in paragraphs (a) (3) and (5) of this section, the following agents are prescribed for denaturing other carcasses, parts thereof, meat and meat food products, for which denaturing is required by this part: FD&C green No. 3 coloring; FD&C blue No. 1 coloring; FD&C blue No. 2 coloring; finely powdered charcoal; or other proprietary substance approved by the Administrator in specific cases. \n 1  Carcasses (other than viscera), parts thereof, cuts of meat, and unground pieces of meat darkened by charcoal or other black dyes shall be deemed to be denatured pursuant to this section only if they contain at least that degree of darkness depicted by diagram 1 of the Meat Denaturing Guide (MP Form 91). \n 2\n\n2  Copies of MP Form 91 may be obtained, without charge, by writing to the Administrative Operations Branch, Food Safety and Inspection Service, U.S. Department of Agriculture, 123 East Grant Street, Minneapolis, Minnesota 55403. Diagrams 2 and 3 of the Meat Denaturing Guide are for comparison purposes only. The Meat Denaturing Guide has been approved for incorporation by reference by the Director, Office of the Federal Register, and is on file at the Federal Register Library.\n\n(3) Tripe may be denatured by dipping it in a 6 percent solution of tannic acid for 1 minute followed by immersion in a water bath, then immersing it for 1 minute in a solution of 0.022 percent FD&C yellow No. 5 coloring.\n\n(4) When meat, meat byproducts, or meat food products are in ground form, 4 percent by weight of coarsely ground hard done, which shall be in pieces no smaller than the opening size specified for No. 5 mesh in the standards issued by the U.S. Bureau of Standards or 6 percent by weight of coarsely ground hard bone, which shall be in pieces no smaller than the opening size specified for No. 8 mesh in said Standards, uniformly incorporated with the product, may be used in lieu of the agents prescribed in paragraph (a)(2) of this section.\n\n(5) Before the denaturing agents are applied to articles in pieces more than 4 inches in diameter, the pieces shall be freely slashed or sectioned. (If the articles are in pieces not more than 4 inches in diameter, slashing or sectioning will not be necessary.) The application of any of the denaturing agents listed in paragraph (a) (1) or (2) of this section to the outer surface of molds or blocks or boneless meat, meat by-products, or meat food products shall not be adequate. The denaturing agent must be mixed intimately with all the material to be denatured, and must be applied in such quantity and manner that it cannot easily and readily be removed by washing or soaking. A sufficient amount of the appropriate agent shall be used to give the material a distinctive color, odor, or taste so that such material cannot be confused with an article of human food.\n\n(b) Inedible rendered animal fats shall be denatured by thoroughly mixing therein denaturing oil, No. 2 fuel oil, brucine dissolved in a mixture of alcohol and pine oil or oil of rosemary, finely powdered charcoal, or any proprietary denaturing agent approved for the purpose by the Administrator in specific cases. The charcoal shall be used in no less quantity than 100 parts per million and shall be of such character that it will remain suspended indefinitely in the liquid fat. Sufficient of the chosen identifying agents shall be used to give the rendered fat so distinctive a color, odor, or taste that it cannot be confused with an article of human food."], ["9:9:2.0.2.1.25.0.7.26", 9, "Animals and Animal Products", "III", "A", "327", "PART 327\u2014IMPORTED PRODUCTS", "", "", "", "\u00a7 327.26 Official import inspection marks and devices.", "FSIS", "", "", "[51 FR 37708, Oct. 24, 1986, as amended at 54 FR 41049, Oct. 5, 1989]", "(a) When import inspections are performed in official import inspection establishments, the official inspection legend to be applied to imported meat and meat food products shall be in the appropriate form \n 1 \n   as herein specified.\n\n1  The number \u201cI-38\u201d is given as an example only. The establishment number of the official import inspection establishment where the imported product is inspected shall be used in lieu thereof.\n\nFor application to cattle, sheep, swine, and goat carcasses, primal parts, and cuts, not in containers.\n\nFor application to outside containers of meat and meat food products prepared from cattle, sheep, swine, and goats.\n\nFor application to horse carcasses, primal parts, and cuts, not in containers.\n\nFor application to outside containers of horsemeat food products.\n\nFor application to mule and other (nonhorse) equine carcasses, primal parts, and cuts, not in containers.\n\nFor application to outside containers of equine meat food products.\n\n(b) Except for product offered for entry from Canada, when import inspections are performed in official establishments the official inspection legend to be applied to meat and meat food products offered for entry shall be the appropriate form as specified in \u00a7\u00a7 312.2 and 312.3 of this subchapter.\n\n(c) When products are refused entry into the United States, the official mark to be applied to the products refused entry shall be in the following form:\n\n(d) Devices for applying \u201cUnited States Refused Entry\u201d marks shall be furnished to Program inspectors by the Department.\n\n(e) The ordering and manufacture of brands containing official inspection legends shall be in accordance with the provisions contained in \u00a7 317.3(c) of the Federal meat inspection regulations."], ["9:9:2.0.2.1.25.0.7.3", 9, "Animals and Animal Products", "III", "A", "327", "PART 327\u2014IMPORTED PRODUCTS", "", "", "", "\u00a7 327.3 No product to be imported without compliance with applicable regulations.", "FSIS", "", "", "[35 FR 15610, Oct. 3, 1970, as amended at 38 FR 29215, Oct. 23, 1973; 54 FR 41048, Oct. 5, 1989; 56 FR 38335, Aug. 13, 1991; 57 FR 27906, June 23, 1992]", "(a) No product offered for importation from any foreign country shall be admitted into the United States if it is adulterated or misbranded or does not comply with all the requirements of this subchapter that would apply to it if it were a domestic product.\n\n(b) No cooked or partially cooked meat or meat trimmings, either in separable pieces or molded into larger forms, shall be permitted entry except under the following conditions:\n\n(1) A complete procedure for preparing and handling the product in the foreign country and en route to the United States shall be submitted by the exporter or his authorized agent to the Administrator and determined by the Administrator to be adequate to assure that the product will not be adulterated or misbranded at the time of offer for entry.\n\n(2) A system acceptable to the Administrator (upon his determination that the system will provide a reliable indication of the kinds and numbers of microorganisms present) for the microbiological testing of the finished product shall be installed by the processor, the product is subjected to such testing, and the results thereof are furnished to the Administrator and are acceptable to him as showing that the product has been prepared and handled in a sanitary manner.\n\n(c) [Reserved]"], ["9:9:2.0.2.1.25.0.7.4", 9, "Animals and Animal Products", "III", "A", "327", "PART 327\u2014IMPORTED PRODUCTS", "", "", "", "\u00a7 327.4 Foreign inspection certificate requirements.", "FSIS", "", "", "[79 FR 56233, Sept. 19, 2014]", "(a) Except as provided in \u00a7 327.16, each consignment imported into the United States must have an electronic foreign inspection certification or a paper foreign inspection certificate issued by an official of the foreign government agency responsible for the inspection and certification of the product.\n\n(b) An official of the foreign government must certify that any product described on any official certificate was produced in accordance with the regulatory requirements in \u00a7 327.2.\n\n(c) The electronic foreign inspection certification must be in English, be transmitted directly to FSIS before the product's arrival at the official import inspection establishment, and be available to import inspection personnel.\n\n(d) The paper foreign inspection certificate must accompany each consignment; be submitted to import inspection personnel at the official import inspection establishment; be in English; bear the official seal of the foreign government responsible for the inspection of the product, and the name, title, and signature of the official authorized to issue inspection certificates for products imported to the United States.\n\n(e) The electronic foreign inspection certification and paper foreign inspection certificate must contain:\n\n(1) The date;\n\n(2) The foreign country of export and the producing foreign establishment number;\n\n(3) The species used to produce the product and the source country and foreign establishment number, if the source materials originate from a country other than the exporting country;\n\n(4) The product's description, including the process category, the product category, and the product group;\n\n(5) The name and address of the importer or consignee;\n\n(6) The name and address of the exporter or consignor;\n\n(7) The number of units (pieces or containers) and the shipping or identification mark on the units;\n\n(8) The net weight of each lot; and\n\n(9) Any additional information the Administrator requests to determine whether the product is eligible to be imported into the United States."], ["9:9:2.0.2.1.25.0.7.5", 9, "Animals and Animal Products", "III", "A", "327", "PART 327\u2014IMPORTED PRODUCTS", "", "", "", "\u00a7 327.5 Import inspection application.", "FSIS", "", "", "[79 FR 56233, Sept. 19, 2014]", "(a) Applicants must submit an import inspection application, to apply for the inspection of any product offered for entry. Applicants may apply for inspection using a paper or electronic application form.\n\n(b) Import inspection applications for each consignment must be submitted (electronically or on paper) to FSIS in advance of the shipment's arrival at the official import establishment where the product will be reinspected, but no later than when the entry is filed with U.S. Customs and Border Protection.\n\n(c) The provisions of this section do not apply to products that are exempted from inspection by \u00a7\u00a7 327.16 and 327.17."], ["9:9:2.0.2.1.25.0.7.6", 9, "Animals and Animal Products", "III", "A", "327", "PART 327\u2014IMPORTED PRODUCTS", "", "", "", "\u00a7 327.6 Products for importation; program inspection, time and place; application for approval of facilities as official import inspection establishment; refusal or withdrawal of approval; official numbers.", "FSIS", "", "", "[35 FR 15610, Oct. 3, 1970, as amended at 37 FR 21927, Oct. 17, 1972; 38 FR 29215, Oct. 23, 1973; 49 FR 36818, Sept. 20, 1984; 51 FR 37707, Oct. 24, 1986; 51 FR 45633, Dec. 19, 1986; 54 FR 274, Jan. 5, 1989; 54 FR 41048, Oct. 5, 1989; 62 FR 45026, Aug. 25, 1997; 64 FR 56416, Oct. 20, 1999; 64 FR 66545, Nov. 29, 1999; 65 FR 2284, Jan. 14, 2000; 79 FR 56233, Sept. 19, 2014]", "(a)(1) Except as provided in \u00a7\u00a7 327.16 and 327.17, all products offered for entry from any foreign country shall be reinspected by a Program inspector before they shall be allowed entry into the United States.\n\n(2) Every lot of product shall routinely be given visual inspection by a Program import inspector for appearance and condition, and checked for certification and label compliance.\n\n(3) The electronic inspection system shall be consulted for reinspection instructions. The electronic inspection system will assign reinspection levels and procedures based on established sampling plans and established product and plant history.\n\n(4) When the inspector deems it necessary, the inspector may sample and inspect lots not designated by the electronic inspection system.\n\n(b) All products, required by this part to be inspected, shall be inspected only at an official establishment or at an official import inspection establishment approved by the Administrator as provided in this section. Such approved official import inspection establishments will be listed in the Directory of Meat and Poultry Inspection Program Establishments, Circuits and Officials, published by the Food Safety and Inspection Service. The listing will categorize the kind or kinds of product \n 2 \n   which may be inspected at each official import inspection establishment, based on the adequacy of the facilities for making such inspections and handling such products in a sanitary manner.\n\n1  [Reserved]\n\n2  For example: Canned product, boneless meat, carcasses and cuts.\n\n(c) Owners or operators of establishments, other than official establishments, who want to have import inspections made at their establishments, shall apply to the Administrator for approval of their establishments for such purpose. Application shall be made on a form furnished by the Program, Food Safety and Inspection Service, U.S. Department of Agriculture, Washington, DC, and shall include all information called for by that form.\n\n(d) Approval for Federal import inspection shall be in accordance with part 304 of this subchapter.\n\n(e) Owners or operators of official import inspection establishments must furnish adequate sanitary facilities and equipment for examination of such product. The requirements of \u00a7\u00a7 304.2, 307.1, 307.2(b), (d), (f), (h), (k), and (l), and part 416 of this chapter shall apply as conditions for approval of establishments as official import inspection establishments to the same extent and in the same manner as they apply with respect to official establishments.\n\n(f) The Administrator is authorized to approve any establishment as an official import inspection establishment provided that an application has been filed and drawings have been submitted in accordance with the requirements of paragraphs (c) and (d) of this section and he determines that such establishment meets the requirements under paragraph (e) of this section. Any application for inspection under this section may be denied or refused in accordance with the rules of practice in part 500 of this chapter.\n\n(g) Approval of an official import inspection establishment may be withdrawn in accordance with applicable rules of practice if it is determined that the sanitary conditions are such that the product is rendered adulterated, that such action is authorized by section 21(b) of the Federal Water Pollution Control Act, as amended (84 Stat. 91), or that the requirements of paragraph (e) of this section were not complied with. Approval may also be withdrawn in accordance with section 401 of the Act and applicable rules of practice.\n\n(h) A special official number shall be assigned to each official import inspection establishment. Such number shall be used to identify all products inspected and passed for entry at the establishment.\n\n(i) A sampling inspection shall be made, as provided in paragraph (a) of this section, of foreign chilled fresh or frozen fresh meat, including defrosting if necessary to determine its condition. Inspection standards for foreign chilled fresh or frozen fresh meat shall be the same as those used for domestic chilled fresh or frozen fresh meat. (See \u00a7 327.21)\n\n(j) Imported canned products are required to be sound, healthful, properly labeled, wholesome, and otherwise not adulterated at the time the products are offered for importation into the United States. Provided other requirements of this part are met, the determination of the acceptability of the product and the condition of the containers shall be based on the results of an examination of a statistical sample drawn from the consignment as provided in paragraph (a) of this section. If the inspector determines, on the basis of the sample examination, that the product does not meet the requirements of the Act and regulations thereunder, the consignment shall be refused entry. However, a consignment rejected for container defects but otherwise acceptable may be reoffered for inspection under the following conditions:\n\n(1) If the defective containers are not indicative of an unsafe and unstable product as determined by the Administrator;\n\n(2) If the number and kinds of container defects found in the original sample do not exceed the limits specified for this purpose in FSIS guidelines; and\n\n(3) If the defective containers in the consignment have been sorted out and exported or destroyed under the supervision of an inspector.\n\n(k) Program inspectors or Customs officers at border or seaboard ports shall report the sealing of cars, trucks, or other means of conveyance, and the sealing or identification of containers of foreign product on Form MP-410 to Program area supervisors at points where such product is to be inspected.\n\n(l) Representative samples of canned product designated by the Administrator in instructions to inspectors shall be incubated under supervision of such inspectors in accordance with \u00a7 318.309 (d)(1)(ii), (d)(1)(iii), (d)(1)(iv)( c ), (d)(1)(v), (d)(1)(vii) and (d)(1)(viii) of this subchapter. The importers or his/her agent shall provide the necessary incubation facilities in accordance with \u00a7 318.309(d)(1)(i) of this subchapter.\n\n(m) Sampling plans and acceptance levels as prescribed in paragraphs (j) and (l) of this section may be obtained, upon request, from International Programs, Food Safety and Inspection Service, U.S. Department of Agriculture, Washington, DC 20250."], ["9:9:2.0.2.1.25.0.7.7", 9, "Animals and Animal Products", "III", "A", "327", "PART 327\u2014IMPORTED PRODUCTS", "", "", "", "\u00a7 327.7 Products for importation; movement prior to inspection; handling; bond; assistance.", "FSIS", "", "", "[35 FR 15610, Oct. 3, 1970, as amended at 37 FR 21928, Oct. 17, 1972; 51 FR 37707, Oct. 24, 1986; 56 FR 65180, Dec. 16, 1991]", "(a) No product required by this part to be inspected shall be moved, prior to inspection from any port, or, if arriving by water from the wharf where first unloaded, to any place other than the place designated by, or in accordance with, this part as the place where the same shall be inspected.\n\n(b) No product required by this part to be inspected shall be conveyed, prior to inspection, from any port, or, if arriving by water, from the wharf where first unloaded, in any manner other than in compliance with this part.\n\n(c) No product required by this part to be inspected shall be delivered to the consignee or his agent prior to inspection, unless the consignee shall furnish a bond, in form prescribed by the Secretary of the Treasury, conditioned that the product shall be returned, if demanded, to the collector of the port where the same is offered for clearance through the customs.\n\n(d) The consignee or his agent shall provide such assistance as Program inspectors may require for the handling and marking of product offered for entry."], ["9:9:2.0.2.1.25.0.7.8", 9, "Animals and Animal Products", "III", "A", "327", "PART 327\u2014IMPORTED PRODUCTS", "", "", "", "\u00a7 327.8 Import products; equipment and means of conveyance used in handling to be maintained in sanitary condition.", "FSIS", "", "", "", "Compartments of steamships, sailing vessels, railroad cars, and other means of conveyance transporting any product to the United States, and all trucks, chutes, platforms, racks, tables, tools, utensils, and all other devices used in moving and handling any product offered for importation into the United States, shall be maintained in a sanitary condition."], ["9:9:2.0.2.1.25.0.7.9", 9, "Animals and Animal Products", "III", "A", "327", "PART 327\u2014IMPORTED PRODUCTS", "", "", "", "\u00a7 327.9 Burlap wrapping for foreign meat.", "FSIS", "", "", "", "Burlap shall not be used as a wrapping for foreign meat unless the meat is first wrapped with a good grade of paper or cloth of a kind which will prevent contamination with lint or other foreign material."]], "truncated": false, "filtered_table_rows_count": 82, "expanded_columns": [], "expandable_columns": [], "columns": ["section_id", 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