[Code of Federal Regulations]
[Title 19, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR162.44]

[Page 250-251]
 
                        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. 162.44  Release on payment of appraised value.

    (a) Value exceeding $100,000. Any offer to pay the appraised 
domestic value of seized property in order to obtain the immediate 
release of the property which was seized under the Customs laws or laws 
administered by Customs and exceeding $100,000 in appraised domestic 
value, or which was seized under the navigation laws, shall be in 
writing, addressed to the Commissioner of Customs, and signed by the 
claimant or his attorney. It shall be submitted in duplicate to the 
Fines, Penalties, and Forfeitures Officer having jurisdiction at the 
port where the property was seized. Proof of ownership shall be 
submitted with the application if the facts in the case make such action 
necessary.
    (b) Value not over $100,000--(1) Authority to accept offer. The 
Fines, Penalties, and Forfeitures Officer is authorized to accept a 
written offer pursuant to section 614, Tariff Act of 1930, as amended 
(19 U.S.C. 1614), to pay the appraised domestic value of property seized 
under the Customs laws and to release such property if:
    (i) The appraised domestic value of the seized property does not 
exceed $100,000.
    (ii) The Fines, Penalties, and Forfeitures Officer is satisfied that 
the claimant has, in fact, a substantial interest in the property; and
    (iii) Entry of the seized property into the commerce of the United 
States is not prohibited by law.
    (2) Referral of offer. The Fines, Penalties, and Forfeitures Officer 
shall refer to the Commissioner of Customs any offer where it appears 
that the claimant does not have a substantial interest in the seized 
property or where it appears it would not be in the best interest of the 
United States to accept.
    (c) Retention of property. The Fines, Penalties, and Forfeitures 
Officer shall retain custody of the property pending

[[Page 251]]

payment of the amount of the offer when the application is approved.

[T.D. 72-211, 37 FR 16488, Aug. 15, 1972, as amended by T.D. 74-276, 39 
FR 37633, Oct. 23, 1974; T.D. 85-195, 50 FR 50289, Dec. 10, 1985; T.D. 
99-27, 64 FR 13676, Mar. 22, 1999]