[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: 19CFR162.79]

[Page 264]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 162--INSPECTION, SEARCH, AND SEIZURE--Table of Contents
 
          Subpart G--Special Procedures for Certain Violations
 
Sec. 162.79  Determination as to violation.

    (a) No violation. If, after considering any presentations made in 
response to the prepenalty notice, the Fines, Penalties, and Forfeitures 
Officer determines that there was no violation by the person named in 
the prepenalty notice, he promptly shall notify the person in writing of 
that determination and that no claim for a monetary penalty will be 
issued.
    (b) Violation--(1) Written notice of claim. If, after considering 
any presentations made in response to the prepenalty notice, the Fines, 
Penalties, and Forfeitures Officer determines that there was a violation 
by the person named in the prepenalty notice, he promptly shall issue a 
written notice of a claim for a monetary penalty to that person.
    (2) Contents. The notice of a claim for a monetary penalty shall 
contain any changes in the information provided in the prepenalty 
notice, and shall inform the person of his right to apply for relief 
under section 618, Tariff Act of 1930, as amended (19 U.S.C. 1618), in 
accordance with part 171 of this chapter. If the person to whom the 
notice is issued is liable for any actual loss of duties recoverable 
under section 592(d), Tariff Act of 1930, as amended (19 U.S.C. 
1592(d)), the notice shall identify the entries involved, state the 
amount of duties payable and how it was calculated, and require the 
person to deposit or arrange for payment of the duties within 30 days of 
the date of the notice.

[T.D. 72-211, 37 FR 16488, Aug. 15, 1972, as amended by T.D. 84-18, 49 
FR 1680, Jan. 13, 1984; T.D. 99-27, 64 FR 13676, Mar. 22, 1999]