[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR12.44]



[Page 282]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

 

PART 12_SPECIAL CLASSES OF MERCHANDISE--Table of Contents

 

Sec.  12.44  Disposition.



    (a) Export and abandonment. Merchandise detained pursuant to Sec.  

12.42(e) may be exported at any time prior to seizure pursuant to 

paragraph (b) of this section, or before it is deemed to have been 

abandoned as provided in this section, whichever occurs first. Provided 

no finding has been issued by the Commissioner of Customs under Sec.  

12.42(f) and the merchandise has not been exported within 3 months after 

the date of importation, the port director will ascertain whether the 

proof specified in Sec.  12.43 has been submitted within the time 

prescribed in that section. If the proof has not been timely submitted, 

or if the Commissioner of Customs advises the port director that the 

proof furnished does not establish the admissibility of the merchandise, 

the port director will promptly advise the importer in writing that the 

merchandise is excluded from entry. Upon the expiration of 60 days after 

the delivery or mailing of such advice by the port director, the 

merchandise will be deemed to have been abandoned and will be destroyed, 

unless it has been exported or a protest has been filed as provided for 

in section 514, Tariff Act of 1930.

    (b) Seizure and summary forfeiture. In the case of merchandise 

covered by a finding under Sec.  12.42(f), if the Commissioner of 

Customs advises the port director that the proof furnished under Sec.  

12.43 does not establish the admissibility of the merchandise, or if no 

proof has been timely furnished, the port director shall seize the 

merchandise for violation of 19 U.S.C. 1307 and commence forfeiture 

proceedings pursuant to part 162, subpart E, of this chapter.

    (c) Prison-labor goods. Nothing in this chapter precludes Customs 

from seizing for forfeiture merchandise imported in violation of 18 

U.S.C. 1761 and 1762 concerning prison-labor goods.



[T.D. 00-52, 65 FR 45875, July 26, 2000]