[Code of Federal Regulations]
[Title 19, Volume 2]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR162.21]

[Page 244-245]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 162--INSPECTION, SEARCH, AND SEIZURE--Table of Contents
 
                           Subpart C--Seizures
 
Sec. 162.21  Responsibility and authority for seizures.


    (a) Seizures by Customs officers. Property may be seized, if 
available, by any Customs officer who has reasonable cause to believe 
that any law or regulation enforced by the Customs Service has been 
violated, by reason of which the property has become subject to seizure 
or forfeiture. This paragraph does not authorize seizure when seizure or

[[Page 245]]

forfeiture is restricted by law or regulation (see, for example, 
Sec. 162.75), nor does it authorize a remedy other than seizure when 
seizure or forfeiture is required by law or regulation. A receipt for 
seized property shall be given at the time of seizure to the person from 
whom the property is seized.
    (b) Seizure by persons other than Customs officers. The port 
director may adopt a seizure made by a person other than a Customs 
officer if such port director has reasonable cause to believe that the 
property is subject to forfeiture under the Customs laws.
    (c) Seizure by State official. If a duly constituted State official 
has seized any merchandise, vessel, aircraft, vehicle, or other 
conveyance under provisions of the statutes of such State, such property 
shall not be seized by a Customs officer unless the property is 
voluntarily turned over to him to be proceeded against under the Federal 
statutes.

[T.D. 72-211, 37 FR 16488, Aug. 15, 1972, as amended by T.D. 79-160, 44 
FR 31956, June 4, 1979]