[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: 19CFR127.36]



[Page 686-687]

 

                        TITLE 19--CUSTOMS DUTIES

 

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

              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

 

PART 127_GENERAL ORDER, UNCLAIMED, AND ABANDONED MERCHANDISE--Table 

of Contents

 

                       Subpart D_Proceeds of Sale

 

Sec.  127.36  Claim for surplus proceeds of sale.



    (a) Filing of claim. Claims for the surplus proceeds of the sale of 

unclaimed or abandoned merchandise shall be filed with the port director 

at whose direction the merchandise was sold. The following shall be used 

in filing a claim:

    (1) Unclaimed merchandise. Claims for surplus proceeds of the sale 

of unclaimed merchandise which has become abandoned and sold under 

section 491 of the Tariff Act of 1930, as amended (19 U.S.C. 1491), 

shall be supported by the original bill of lading. If only part of a 

shipment is involved, either a photostatic or certified copy of the 

original bill of lading may be submitted in lieu of the original bill of 

lading.

    (2) Involuntarily abandoned merchandise--(i) Warehouse goods deemed 

abandoned. Claims for surplus proceeds of sale of warehouse goods deemed 

involuntarily abandoned sold under section 559 of the Tariff Act of 

1930, as amended (19 U.S.C. 1559), shall be established by reference to 

the warehouse entry, or, if the right to withdraw the merchandise



[[Page 687]]



from warehouse has been transferred, by reference to the documents by 

which the transfer was made.

    (ii) Trade fair articles deemed abandoned. Claims for surplus 

proceeds of sale of trade fair articles deemed involuntarily 

(mandatorily) abandoned under section 4 of the Trade Fair Act of 1959 

(19 U.S.C. 1753(c)), shall be supported by the original bill of lading. 

If only part of a shipment is involved, either a photostatic copy or 

certified copy of the original bill of lading may be submitted in lieu 

of the original bill of lading. (See Sec.  147.47 of this chapter.)

    (b) Payment of claim. If a claim of the owner or consignee of 

unclaimed or abandoned merchandise for the surplus proceeds of sale is 

properly established as provided in this section, such proceeds of sale 

shall be paid to him pursuant to section 493 of the Tariff Act of 1930, 

as amended (19 U.S.C. 1493).

    (c) Doubtful claims. Any doubtful claims for the proceeds of sale 

along with all pertinent documents and information available to the port 

director shall be forwarded to the Commissioner of Customs for 

instructions or for referral to the General Accounting Office for direct 

settlement.