[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: 19CFR162.23]

[Page 245-246]
 
                        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. 162.23  Seizure under section 596(c), Tariff Act of 1930, as amended (19 U.S.C. 1595a(c)).

    (a) Mandatory seizures. The following, if introduced or attempted to 
be introduced into the United States contrary to law, shall be seized 
pursuant to section 596(c), Tariff Act of 1930, as amended (19 U.S.C. 
1595a(c)):

[[Page 246]]

    (1) Merchandise that is stolen, smuggled, or clandestinely imported 
or introduced;
    (2) A controlled substance, as defined in the Controlled Substance 
Act (21 U.S.C. 801 et seq.), not imported in accordance with law;
    (3) A contraband article, as defined in section 1 of the Act of 
August 9, 1939 (49 U.S.C. 80302); or
    (4) A plastic explosive, as defined in section 841(q) of title 18, 
United States Code, which does not contain a detection agent, as defined 
in section 841(p) of that title.
    (b) Permissive seizures. The following, if introduced or attempted 
to be introduced into the United States contrary to law, may be seized 
pursuant to section 596(c), Tariff Act of 1930, as amended (19 U.S.C. 
1595a(c)):
    (1) Merchandise the importation or entry of which is subject to any 
restriction or prohibition imposed by law relating to health, safety, or 
conservation, and which is not in compliance with the applicable rule, 
regulation or statute;
    (2) Merchandise the importation or entry of which requires a 
license, permit or other authorization of a United States Government 
agency, and which is not accompanied by such license, permit or 
authorization;
    (3) Merchandise or packaging in which copyright, trademark or trade 
name protection violations are involved (including, but not limited to, 
a violation of sections 42, 43 or 45 of the Act of July 5, 1946 (15 
U.S.C. 1124, 1125 or 1127), sections 506 or 509 of title 17, United 
States Code, or sections 2318 or 2320 of title 18, United States Code);
    (4) Trade dress merchandise involved in the violation of a court 
order citing section 43 of the Act of July 5, 1946 (15 U.S.C. 1125);
    (5) Merchandise marked intentionally in violation of 19 U.S.C. 1304;
    (6) Merchandise for which the importer has received written notices 
that previous importations of identical merchandise from the same 
supplier were found to have been in violation of 19 U.S.C. 1304; or
    (7) Merchandise subject to quantitative restrictions, found to bear 
a counterfeit visa, permit, license, or similar document, or stamp from 
the United States or from a foreign government or issuing authority 
pursuant to a multilateral or bilateral agreement (but see paragraph 
(e), of this section).
    (c) Resolution of seizure under Sec. 1595a(c). When merchandise is 
either required or authorized to be seized under this section, the 
forfeiture incurred may be remitted in accord with 19 U.S.C. 1618, to 
include as a possible option the exportation of the merchandise under 
such conditions as Customs shall impose, unless its release would 
adversely affect health, safety, or conservation, or be in contravention 
of a bilateral or multilateral agreement or treaty.
    (d) Seizure under 19 U.S.C. 1592. If merchandise is imported, 
introduced or attempted to be introduced contrary to a provision of law 
governing its classification or value, and there is no issue of 
admissibility, such merchandise shall not be seized pursuant to 19 
U.S.C. 1595a(c). Any seizure of such merchandise shall be in accordance 
with section 1592 (see Sec. 162.75 of this chapter).
    (e) Detention only. Merchandise subject to quantitative restrictions 
requiring a visa, permit, license, or other similar document, or stamp 
from the United States Government or from a foreign government or 
issuing authority pursuant to a bilateral or multilateral agreement, 
shall be subject to detention in accordance with 19 U.S.C. 1499, unless 
the appropriate visa, permit, license, or similar document, or stamp is 
presented to Customs (but see paragraph (b)(7), of this section for 
instances when seizure may occur).

[T.D. 96-2, 60 FR 67058, Dec. 28, 1995, as amended by T.D. 99-4, 64 FR 
1123, Jan. 8, 1999]