[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: 19CFR162.47]

[Page 252-253]
 
                        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. 162.47  Claim for property subject to summary forfeiture.

    (a) Filing of claim. Any person desiring to claim under the 
provisions of section 608, Tariff Act of 1930, as amended (19 U.S.C. 
1608), seized property not exceeding $500,000 in value (however there is 
no limit in value of merchandise, the importation of which is 
prohibited, or in the value of vessels, vehicles or aircraft used to 
import, export, transport, or store any controlled substance, or in the 
amount of any monetary instruments within the meaning of 31 U.S.C. 
5312(a)(3), that may be seized and forfeited) and subject to summary 
forfeiture, shall file a

[[Page 253]]

claim to such property with the Fines, Penalties, and Forfeitures 
Officer within 20 days from the date of the first publication of the 
notice prescribed in Sec. 162.45.
    (b) Bond for costs. Except as provided in paragraph (e) of this 
section, the bond in the penal sum of $5,000 or 10% of the value of the 
claimed property, whichever is lower, but not less than $250, required 
by section 608, Tariff Act of 1930, as amended, to be filed with a claim 
for seized property shall be on Customs Form 301, containing the bond 
conditions set forth in Sec. 113.72 of this chapter.
    (c) Claimant not entitled to possession. The filing of a claim and 
the giving of a bond, if required, pursuant to section 608, Tariff Act 
of 1930, shall not be construed to entitle the claimant to possession of 
the property. Such action only stops the summary forfeiture proceeding.
    (d) Report to the U.S. attorney. When the claim and bond, if 
required, are filed within the 20-day period, the Fines, Penalties, and 
Forfeitures Officer shall report the case to the U.S. attorney for the 
institution of condemnation proceedings.
    (e) Waiver of bond. Upon satisfactory proof of financial inability 
to post the bond, the Fines, Penalties, and Forfeitures Officer shall 
waive the bond requirement for any person who claims an interest in the 
seized property.

[T.D. 72-211, 37 FR 16488, Aug. 15, 1972, as amended by T.D. 81-1, 45 FR 
84994, Dec. 24, 1980; T.D. 84-213, 49 FR 41186, Oct. 19, 1984; T.D. 85-
123, 50 FR 29956, July 23, 1985; T.D. 91-52, 56 FR 25364, June 4, 1991; 
T.D. 99-27, 64 FR 13676, Mar. 22, 1999]