[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: 19CFR162.46]

[Page 250]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 162--INSPECTION, SEARCH, AND SEIZURE--Table of Contents
 
               Subpart E--Treatment of Seized Merchandise
 
Sec. 162.46  Summary forfeiture: Disposition of goods.

    (a) General. If no petition for relief from the forfeiture is filed 
in accordance with the provision of part 171 of this chapter, or if a 
petition was filed and has been denied, and the property is not retained 
for official use, it shall be disposed of in accordance with section 
609, Tariff Act of 1930, as amended (19 U.S.C. 1609) or section 491(b), 
Tariff Act of 1930, as amended (19 U.S.C. 1491(b)).
    (b) Articles required to be inspected by other Government agencies. 
Before seized drugs, insecticides, seeds, plants, nursery stock, and 
other articles required to be inspected by other Government agencies are 
sold, they shall be inspected by a representative of such agency to 
ascertain whether or not they meet the requirements of the laws and 
regulations of that agency, and if found not to meet such requirements, 
they shall be destroyed forthwith.
    (c) Sale--(1) General. If the forfeited property is cleared for 
sale, it shall be sold in accordance with the applicable provisions of 
part 127 of this chapter. The Fines, Penalties, and Forfeitures Officer 
may postpone the sale of small seizures until he believes the proceeds 
of a consolidated sale will pay all expenses.
    (2) Transfer to another port for sale. Property shall be moved to 
and sold at such other Customs port as the Commissioner of Customs may 
direct pursuant to the provisions of section 611, Tariff Act of 1930 (19 
U.S.C. 1611), if:
    (i) The laws of a State in which property is seized and forfeited 
prohibit the sale of such property; or
    (ii) The Commissioner is of the opinion that the sale of forfeited 
property may be made more advantageously at another Customs port.
    (d) Destruction. If, after summary forfeiture of property is 
completed, it appears that the net proceeds of sale will not be 
sufficient to pay the costs of sale, the Fines, Penalties, and 
Forfeitures Officer may order destruction of the property. Any vessel or 
vehicle summarily forfeited for violation of any law respecting the 
Customs revenue may be destroyed in lieu of the sale thereof when such 
destruction is authorized by the Commissioner of Customs to protect the 
revenue.
    (e) Disposition of distilled spirits, wines, and malt liquor. In 
addition to disposition by sale or destruction as provided for by this 
section, distilled spirits, wines, and malt liquor may be delivered:
    (1) To any Government agency the Commissioner of Customs or his 
designee determines has a need for these articles for medical, 
scientific, or mechanical purposes, or for any other official purpose 
for which appropriated funds may be expended by a Government agency, or
    (2) By gift to any charitable institution the Commissioner of 
Customs or his designee determines has a need for the articles for 
medical purposes.

[T.D. 72-211, 37 FR 16488, Aug. 15, 1972, as amended by T.D. 77-12, 41 
FR 56629, Dec. 29, 1976; T.D. 79-159, 44 FR 31971, June 4, 1979; T.D. 
85-195, 50 FR 50290, Dec. 10, 1985; T.D. 92-69, 57 FR 30640, July 10, 
1992; T.D. 99-27, 64 FR 13676, Mar. 22, 1999]