[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: 19CFR127.36]

[Page 608]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 127--GENERAL ORDER, UNCLAIMED, AND ABANDONED MERCHANDISE--Table of Contents
 
                       Subpart D--Proceeds of Sale
 
Sec. 127.36  Claim for surplus proceeds of sale.

    (a) Filing of claim. Claims for the surplus proceeds of the sale of 
unclaimed or abandoned merchandise shall be filed with the port director 
at whose direction the merchandise was sold. The following shall be used 
in filing a claim:
    (1) Unclaimed merchandise. Claims for surplus proceeds of the sale 
of unclaimed merchandise which has become abandoned and sold under 
section 491 of the Tariff Act of 1930, as amended (19 U.S.C. 1491), 
shall be supported by the original bill of lading. If only part of a 
shipment is involved, either a photostatic or certified copy of the 
original bill of lading may be submitted in lieu of the original bill of 
lading.
    (2) Involuntarily abandoned merchandise--(i) Warehouse goods deemed 
abandoned. Claims for surplus proceeds of sale of warehouse goods deemed 
involuntarily abandoned sold under section 559 of the Tariff Act of 
1930, as amended (19 U.S.C. 1559), shall be established by reference to 
the warehouse entry, or, if the right to withdraw the merchandise from 
warehouse has been transferred, by reference to the documents by which 
the transfer was made.
    (ii) Trade fair articles deemed abandoned. Claims for surplus 
proceeds of sale of trade fair articles deemed involuntarily 
(mandatorily) abandoned under section 4 of the Trade Fair Act of 1959 
(19 U.S.C. 1753(c)), shall be supported by the original bill of lading. 
If only part of a shipment is involved, either a photostatic copy or 
certified copy of the original bill of lading may be submitted in lieu 
of the original bill of lading. (See Sec. 147.47 of this chapter.)
    (b) Payment of claim. If a claim of the owner or consignee of 
unclaimed or abandoned merchandise for the surplus proceeds of sale is 
properly established as provided in this section, such proceeds of sale 
shall be paid to him pursuant to section 493 of the Tariff Act of 1930, 
as amended (19 U.S.C. 1493).
    (c) Doubtful claims. Any doubtful claims for the proceeds of sale 
along with all pertinent documents and information available to the port 
director shall be forwarded to the Commissioner of Customs for 
instructions or for referral to the General Accounting Office for direct 
settlement.

(Secs. 491, 493, 559, 46 Stat. 726, as amended, 727, as amended, 744, as 
amended, sec. 4, 73 Stat. 18 (19 U.S.C. 1491, 1493, 1559, 1753))