Where a customs presentation is required for the goods referred to in Article 38(4) and (5), the customs service shall carry out the inspection of these goods in the presence of the holder.
If the holder refuses to attend the inspection, the department shall notify the consignee or exporter of the goods, as the case may be, by registered letter of its intention to begin the inspection operations; if, on expiry of a period of forty-eight hours after this notification, the latter has remained without effect, the president of the judicial court within whose jurisdiction the customs office is located shall appoint ex officio, at the request of the collector of customs, a person to represent the consignee or exporter of the goods in default.
Where the goods are also subject to a consignment order under the conditions set out in article 322 bis, this order may only be issued once the control operations have actually been undertaken.