[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR12.40]

[Page 238-239]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 12--SPECIAL CLASSES OF MERCHANDISE--Table of Contents
 
Sec. 12.40  Seizure; disposition of seized articles; reports to United States attorney.

    (a) Any book, pamphlet, paper, writing, advertisement, circular, 
print, picture, or drawing containing any matter advocating or urging 
treason or insurrection against the United States or forcible resistance 
to any law of the United States, or containing any threat to take the 
life of or inflict bodily harm upon any person in the United States, 
seized under section 305, Tariff Act of 1930, shall be transmitted to 
the United States attorney for his consideration and action.
    (b) Upon the seizure of articles or matter prohibited entry by 
section 305, Tariff Act of 1930 (with the exception of the matter 
described in paragraph (a) of this section), a notice of the seizure of 
such articles or matter shall be sent to the consignee or addressee.
    (c) When articles of the class covered by paragraph (b) of this 
section are of small value and no criminal intent is apparent, a blank 
assent to forfeiture, Customs Form 4607, shall be sent with the notice 
of seizure. Upon receipt of the assent to forfeiture duly executed, the 
articles shall be destroyed if not needed for official use and the case 
closed.
    (d) In the case of a repeated offender or when the facts indicate 
that the importation was made deliberately with intent to evade the law, 
the facts and evidence shall be submitted to the United States attorney 
for consideration of prosecution of the offender as well as an action in 
rem under section 305 for condemnation of the articles.
    (e) All cases in which articles have been seized pursuant to 19 
U.S.C. 1305(a) should be referred to the U.S. Attorney, for possible 
institution of condemnation proceedings, within 4 days, but in no event 
more than 14 days, after the date of Customs initial examination. The 
referral to the U.S. Attorney should be initiated simultaneously with 
the mailing to the importer of the seizure notice and the assent to 
forfeiture form. If the importer declines to execute an assent to 
forfeiture of the articles other than those mentioned in paragraph (a) 
of this section and fails to submit, within 30 days after being notified 
of his privilege to do so, a petition under section 618, Tariff Act of 
1930 (19 U.S.C. 1618), for remission of the forfeiture and permission to 
export the seized articles, then the U.S. Attorney, who has already 
received information concerning the seizure pursuant to this paragraph, 
may proceed with the condemnation action.

[[Page 239]]

    (f) If seizure is made of books or other articles which do not 
contain obscene matter but contain information or advertisements 
relative to means of causing unlawful abortion, the procedure outlined 
in paragraphs (b), (c), (d), and (e) of this section shall be followed.
    (g) In any case when a book is seized as being obscene and the 
importer declines to execute an assent to forfeiture on the ground that 
the book is a classic, or of recognized and established literary or 
scientific merit, a petition addressed to the Secretary of the Treasury 
with evidence to support the claim may be filed by the importer for 
release of the book. Mere unsupported statements or allegations will not 
be considered. If the ruling is favorable, release of such book shall be 
made only to the ultimate consignee.
    (h) Whenever it clearly appears from information, instructions, 
advertisements enclosed with or appearing on any drug or medicine or its 
immediate or other container, or otherwise that such drug or medicine is 
intended for inducing unlawful abortion, such drug or medicine shall be 
detained or seized.

[28 FR 14710, Dec. 31, 1963, as amended by T.D. 71-165, 36 FR 12209, 
June 29, 1971; T.D. 76-261, 41 FR 39022, Sept. 14, 1976; T.D. 82-145, 47 
FR 35477, Aug. 16, 1982; T.D. 85-186, 50 FR 47207, Nov. 15, 1985; T.D. 
93-66, 58 FR 44130, Aug. 19, 1993]