[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: 19CFR162.32]

[Page 247-248]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 162--INSPECTION, SEARCH, AND SEIZURE--Table of Contents
 
     Subpart D--Procedure When Fine, Penalty, or Forfeiture Incurred
 
Sec. 162.32  Where petition for relief not filed.

    (a) Fines, penalties and forfeitures. If any person who is liable 
for a fine, penalty, or claim for a monetary amount, or who has an 
interest in property subject to forfeiture, fails to petition for relief 
as set forth in part 171 of this chapter, or fails to pay the fine or 
penalty within 30 days from the mailing date of the violation/penalty 
notice provided in Sec. 162.31 (unless additional time is authorized for 
filing a petition, as set forth in part 171 of this chapter) the Fines, 
Penalties, and Forfeitures Officer, shall, after any required collection 
action is complete, refer any fine or penalty case promptly to the U.S. 
attorney, or the Department of Justice if the penalty was assessed under 
section 592, Tariff Act of 1930, as amended (19 U.S.C. 1592). In the 
case of property subject to forfeiture, the Fines, Penalties, and 
Forfeitures Officer, where appropriate, shall complete administrative 
forfeiture proceedings or shall refer the matter promptly to the U.S. 
attorney, or the Department of Justice if the case arose under section 
592, in accordance with the provisions of subparagraph (c) below, unless 
the Commissioner of Customs expressly authorizes other action.
    (b) Institution of forefeiture proceedings before completion of 
administrative procedures. Nothing in these regulations is intended to 
prevent the institution of forfeiture proceedings before completion of 
the administrative remission or mitigation procedures pursuant to 
section 618, Tariff Act of 1930, as amended (19 U.S.C. 1618).
    (c) Seized property not eligible for administrative forfeiture. If 
the seized property is not eligible for administrative forfeiture, and 
neither a petition for relief in accordance with part 171 of this 
chapter, nor an offer to pay the domestic value as provided for in 
Sec. 162.44, is made within 30 days (unless additional time has been 
authorized under part

[[Page 248]]

171 of this chapter), the Fines, Penalties, and Forfeitures Officer 
shall refer the case promptly to the U.S. attorney for the judicial 
district in which the seizure was made, or the Department of Justice if 
the penalty was assessed under section 592.

[T.D. 85-195, 50 FR 50289, Dec. 10, 1985, as amended by T.D. 99-27, 64 
FR 13676, Mar. 22, 1999]