[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: 19CFR162.65]

[Page 256-257]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 162--INSPECTION, SEARCH, AND SEIZURE--Table of Contents
 
       Subpart F--Controlled Substances, Narcotics, and Marihuana
 
Sec. 162.65  Penalties for failure to manifest narcotic drugs or marihuana.

    (a) Cargo or baggage containing unmanifested narcotic drugs or 
marihuana. When a package of regular cargo or a passenger's baggage 
otherwise properly manifested is found to contain any narcotic drug or 
marihuana imported for sale or other commercial purpose and not shown as 
such on the manifest, the penalties prescribed in section 584, Tariff 
Act of 1930, as amended (19 U.S.C. 1584), shall be assessed with respect 
to such narcotic drug or marihuana.
    (b) Unmanifested narcotic drugs or marihuana. When an unmanifested 
narcotic drug or marihuana is found on board of, or after having been 
unladen from, a vessel, vehicle, or aircraft, the penalties prescribed 
in section 584, Tariff Act of 1930, as amended (19 U.S.C. 1584), shall 
be assessed. The penalty shall be applied without exception and without 
regard to any question of negligence or responsibility.
    (c) Notice and demand for payment of penalty. A written notice and 
demand for payment of the penalty for failure to manifest incurred under 
section 584, Tariff Act of 1930, as amended (19 U.S.C. 1584), shall be 
sent to the master of the vessel, or commander of the aircraft, or the 
person in charge of the vehicle, and to the owner of the vessel,

[[Page 257]]

aircraft, or vehicle or any person directly or indirectly responsible. 
In the case of a vessel, if bond has been given, the notice also shall 
be sent to each surety. When a petition for relief from such penalty has 
been filed in accordance with part 171 of this chapter, and a decision 
has been made thereon, the Fines, Penalties, and Forfeitures Officer 
shall send notice of such decision to the interested persons together 
with a demand for any payment required under the terms of such decision.
    (d) Referral to the U.S. attorney. If the penalty incurred under 
section 584, Tariff Act of 1930, as amended (19 U.S.C. 1584), is not 
paid, or a petition is not filed as provided in part 171 of this 
chapter, or if payment is not made in accordance with the decision on a 
petition or a supplemental petition, the Fines, Penalties, and 
Forfeitures Officer, after required collection action, shall refer the 
case to the U.S. attorney.
    (e) Withholding clearance of vessel. Where a penalty has been 
incurred under section 584, Tariff Act of 1930, as amended (19 U.S.C. 
1584), for failure to manifest narcotic drugs or marihuana, clearance of 
the vessel involved shall be withheld until the penalty is paid or a 
bond satisfactory to the Fines, Penalties, and Forfeitures Officer is 
given for the payment thereof unless
    (1) The narcotics or marihuana were discovered in a passenger's 
baggage and the Fines, Penalties, and Forfeitures Officer is satisfied 
that neither the master nor any of the officers nor the owner of the 
vessel knew or had any reason to know or suspect that the narcotics or 
marihuana had been on board the vessel, or
    (2) Prior authority for the clearance without payment of the penalty 
or the furnishing of the bond is obtained from Customs.

[T.D. 72-211, 37 FR 16488, Aug. 15, 1972, as amended by T.D. 79-160, 44 
FR 31958, June 4, 1979; T.D. 86-59, 51 FR 8489, Mar. 12, 1986; T.D. 99-
27, 64 FR 13676, Mar. 22, 1999; T.D. 99-64, 64 FR 43267, Aug. 10, 1999]