[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: 19CFR127.43]

[Page 627-628]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 127--GENERAL ORDER, UNCLAIMED, AND ABANDONED MERCHANDISE--Table of Contents
 
   Subpart E--Title to Unclaimed and Abandoned Merchandise Vesting in 
                               Government
 
Sec. 127.43  Petition of party for surplus proceeds had merchandise been sold.

    (a) Filing of petition. Under section 491(d), Tariff Act of 1930, as 
amended (19 U.S.C. 1491(d)), any party who can satisfactorily establish 
title to or a substantial interest in unclaimed and abandoned 
merchandise, the title to which has vested in the United States, may 
file a petition for the amount that would have been payable to the party 
had the merchandise been sold and a proper claim made under section 493, 
Tariff Act of 1930, as amended (19 U.S.C. 1493).
    (b) When and with whom filed. The petition may be filed with the 
port director at whose direction the title to the merchandise was vested 
in the United States. If the party received notice under Sec. 127.41(b), 
the petition must be filed within 30 calendar days after the day on 
which title vested in the United States. If the party can satisfactorily 
establish that such notice was not received, the party must file the 
petition within 30 calendar days of learning of

[[Page 628]]

the vesting but not later than 90 calendar days from the vesting.
    (c) Evidence required. The petition must show the party's title to 
or interest in the merchandise, and be supported, as appropriate, with 
the original bill of lading, bill of sale, contract, mortgage, or other 
satisfactory documentary evidence, or a certified copy of the foregoing. 
Also, if applicable, the petition must be supported by satisfactoryproof 
that the petitioner did not receive notice that title to the merchandise 
would vest in the United States and was in such circumstances as 
prevented the receipt of notice.
    (d) Payment of claim. If the claim of the owner, consignee, or other 
party having title to or a substantial interest in the merchandise, is 
properly established as provided in this section, the party may be paid 
out of the Treasury of the United States the amount that it is believed 
the party would have received under 19 U.S.C. 1493 had the merchandise 
been sold and a proper claim for the surplus of the proceeds of sale 
been made under that provision (see Sec. 127.36 of this part). In 
determining the amount that may have been payable under 19 U.S.C. 1493, 
given that the merchandise was not in fact sold at public auction under 
19 U.S.C. 1491(a), the appraisement of the merchandise, as provided in 
Sec. 127.41(c), will be taken into consideration. By virtue of the 
authority delegated to the port director in this matter, any payment 
made as provided under this paragraph in connection with the filing of a 
petition under paragraph (b) of this section will be final and 
conclusive on all parties.
    (e) Doubtful claim. Any doubtful claim for payment along with all 
pertinent documents and information available to the port director will 
be forwarded to the Assistant Commissioner, Office of Finance, for 
instructions. The decision of the Assistant Commissioner, Office of 
Finance, with respect to any petition filed under this section will be 
final and conclusive on all parties.