[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR12.44]

[Page 234]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 12--SPECIAL CLASSES OF MERCHANDISE--Table of Contents
 
Sec. 12.44  Disposition.

    (a) Export and abandonment. Merchandise detained pursuant to 
Sec. 12.42(e) may be exported at any time prior to seizure pursuant to 
paragraph (b) of this section, or before it is deemed to have been 
abandoned as provided in this section, whichever occurs first. Provided 
no finding has been issued by the Commissioner of Customs under 
Sec. 12.42(f) and the merchandise has not been exported within 3 months 
after the date of importation, the port director will ascertain whether 
the proof specified in Sec. 12.43 has been submitted within the time 
prescribed in that section. If the proof has not been timely submitted, 
or if the Commissioner of Customs advises the port director that the 
proof furnished does not establish the admissibility of the merchandise, 
the port director will promptly advise the importer in writing that the 
merchandise is excluded from entry. Upon the expiration of 60 days after 
the delivery or mailing of such advice by the port director, the 
merchandise will be deemed to have been abandoned and will be destroyed, 
unless it has been exported or a protest has been filed as provided for 
in section 514, Tariff Act of 1930.
    (b) Seizure and summary forfeiture. In the case of merchandise 
covered by a finding under Sec. 12.42(f), if the Commissioner of Customs 
advises the port director that the proof furnished under Sec. 12.43 does 
not establish the admissibility of the merchandise, or if no proof has 
been timely furnished, the port director shall seize the merchandise for 
violation of 19 U.S.C. 1307 and commence forfeiture proceedings pursuant 
to part 162, subpart E, of this chapter.
    (c) Prison-labor goods. Nothing in this chapter precludes Customs 
from seizing for forfeiture merchandise imported in violation of 18 
U.S.C. 1761 and 1762 concerning prison-labor goods.

[T.D. 00-52, 65 FR 45875, July 26, 2000]