(1)

by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

(2)

by inserting after subsection (b) the following:

(c) Merchandise detained for inspection

(1) In general

If a person authorized under subsection (a) to enforce this Act detains merchandise under this section, the Secretary shall, not later than 5 days after the date on which such detention is initiated—

(A)

issue to the importer of such detained merchandise a notice of detention; or

(B)

release to such importer the detained merchandise.

(2) Notice of detention

A notice of detention described in paragraph (1)(A) shall include the following:

(A)

A statement of the initiation of the detention, including the date on which the detained merchandise was detained for inspection.

(B)

A specific reason for the detention.

(C)

The anticipated length of the detention.

(D)

A description of the tests or inquiries the Secretary will conduct with regard to the detained merchandise.

(E)

A description of information, if any, that, if supplied to the Secretary, may accelerate the disposition of the detention.

(3) Transportation of detained merchandise to other location

Not later than 10 days after the date on which the Secretary issues a notice of detention under paragraph (1) for detained merchandise, the Secretary shall allow the importer of such detained merchandise to transport such detained merchandise to a location that is not under the control of the United States if—

(A)

the importer—

(i)

requests the transfer;

(ii)

pays all demurrage and storage fees associated with the detained merchandise; and

(iii)

provides a bond for removal from the custody of the United States; and

(B)

the Secretary determines that such transportation will not frustrate the intent of this Act.

(4) Replication of tests

If the Secretary conducts tests on detained merchandise, the Secretary shall provide the importer of such detained merchandise with—

(A)

the results of such tests; and

(B)

information sufficient for the importer to replicate such tests.

(5) Release or seizure

(A) In general

Not later than 30 days after the date on which merchandise is detained for inspection under this section, the Secretary shall—

(i)

release such detained merchandise to the importer of such detained merchandise; or

(ii)

seize such detained merchandise and issue a notification to the importer of such detained merchandise that such detained merchandise has been seized.

(B) Failure to release or seize

If the Secretary fails to release or seize detained merchandise under subparagraph (A) within the time period described in that subparagraph, such failure shall be deemed a seizure under subparagraph (A)(ii).

(6) Administrative review

(A) In general

An importer of detained merchandise may submit to the Secretary a request for administrative review of a seizure or deemed seizure of such detained merchandise under subparagraph (A)(ii) or (B) of paragraph (5), respectively.

(B) Disposition of request

Not later than 30 days after the date on which a request for administrative review is submitted by an importer under subparagraph (A), the Secretary shall—

(i)

release to such importer the detained merchandise that is the subject of such request; or

(ii)

affirm the seizure or deemed seizure under subparagraph (A)(ii) or (B) of paragraph (5), respectively, that is the subject of such request.

(C) Eligibility to file claim

If the Secretary, pursuant to a request for administrative review submitted by an importer of detained merchandise under subparagraph (A)—

(i)

affirms the seizure or deemed seizure of such detained merchandise under subparagraph (B)(ii); or

(ii)

fails to release or affirm the seizure or deemed seizure of such detained merchandise under clause (i) or (ii) of subparagraph (B), respectively, within the time period described in subparagraph (B);

the importer that submitted such request may file a claim for relief in the appropriate district court of the United States.

(7) Court proceedings

In a claim filed under paragraph (6)(C)(ii), the court shall grant appropriate relief to the importer of detained merchandise that filed such claim, which may include an order to release such detained merchandise to such importer, unless the Secretary establishes by a preponderance of the evidence that an admissibility decision with respect to such detained merchandise has not been reached for good cause.

(8) Definitions

In this subsection:

(A) Detained merchandise

The term detained merchandise means merchandise that is detained for inspection under this section.

(B) Merchandise

The term merchandise means any fish or wildlife or plant imported for sale.