[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: 19CFR162.48]

[Page 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. 162.48  Disposition of perishable and other seized property.

    (a) Disposition of perishable property. Seized property which is 
perishable or otherwise enumerated in section 612, Tariff Act of 1930, 
as amended (19 U.S.C. 1612), and is covered by the provisions of section 
607, Tariff Act of 1930, as amended (19 U.S.C. 1607), shall be 
advertised for sale and sold at public auction at the earliest possible 
date. The Fines, Penalties, and Forfeitures Officer shall proceed to 
give notice by advertisement of the summary sale for such time as he 
considers reasonable. This notice shall be of sale only and not notice 
of seizure and intent to forfeit. The proceeds of the sale shall be held 
subject to the claims of parties in interest in the same manner as the 
seized property would have been subject to such claims.
    (b) Disposition of other seized property. (1) If the expense of 
keeping any vessel, vehicle, aircraft, merchandise or baggage is 
disproportionate to the value thereof, destruction or other disposition 
of such property may be ordered by the appropriate Customs officer. 
Storage expenses are presumed to be disproportionate to the value of the 
property where the expense has reached or is anticipated to reach 50 
percent of the value of the property. The right of a claimant to seized 
property which has been destroyed or otherwise disposed of shall not be 
extinguished.
    (2) Publication of a notice of the seizure, regardless of the 
disposition of the property, will be required pursuant to 19 U.S.C. 
1607. Claimants to seized property will be permitted to file a petition 
for remission of the forfeiture pursuant to 19 U.S.C. 1618, and part 171 
of this chapter. A claimant receiving full or partial relief from the 
forfeiture shall be reimbursed the difference between the value of the 
merchandise at the time of the seizure, pursuant to 19 U.S.C. 1606 and 
Sec. 162.43 of this part, and any remitted forfeiture amount that the 
claimant is required to pay.
    (3) A claimant to destroyed or otherwise disposed of seized property 
requesting relief in the form of payment may file a claim and cost bond 
and seek judicial hearing on the forfeiture pursuant to 19 U.S.C. 1608.
    (4) Successful claimants shall be compensated from Customs 
Forfeiture Fund pursuant to 19 U.S.C. 1613b.

[T.D. 72-211, 37 FR 16488, Aug. 15, 1972, as amended by T.D. 85-195, 50 
FR 50290, Dec. 10, 1985; T.D. 92-69, 57 FR 30640, July 10, 1992; T.D. 
99-27, 64 FR 13676, Mar. 22, 1999; T.D. 00-57, 65 FR 53575, Sept. 5, 
2000]