[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: 19CFR127.41]



[Page 687-688]

 

                        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 E_Title to Unclaimed and Abandoned Merchandise Vesting in 

                               Government

 

Sec.  127.41  Government title to unclaimed and abandoned merchandise.



    Source: T.D. 02-65, 67 FR 68034, Nov. 8, 2002, unless otherwise 

noted.





    (a) Vesting of title in Government. At the end of the 6-month period 

noted in Sec.  127.11 of this part, at which time merchandise having 

thus remained in Customs custody is considered as unclaimed and 

abandoned, the port director, with the concurrence of the Assistant 

Commissioner, Office of Field Operations, may, in lieu of sale of the 

merchandise as provided in subpart C of this part, provide notice to all 

known interested parties under paragraph (b) of this section that the 

title to such merchandise will be considered as vesting in the United 

States, free and clear of any liens or encumbrances, as of the 30th day 

after the date of the notice unless, before the 30th day, the 

merchandise is entered or withdrawn for consumption and all duties, 

taxes, fees, transfer and storage charges, and any other expenses that 

may have accrued on the merchandise are paid.

    (b) Notice to known interested parties. Notice that the title to 

unclaimed and abandoned merchandise will vest in the United States, as 

described in paragraph (a) of this section, will be sent to the 

following parties on Customs Form (CF) 5251, appropriately modified, or 

other similar Customs document as designated by the port director or an 

electronic equivalent as authorized by Customs:

    (1) Importer, if known;

    (2) Consignee, if name and address can be ascertained;

    (3) Shipper, or the shipper's representative or agent, if 

merchandise is consigned to order or the consignee cannot be 

ascertained; and

    (4) Any other known interested parties.



[[Page 688]]



    (c) Appraisement of merchandise. Before title to unclaimed and 

abandoned merchandise is vested in the United States, the merchandise 

will be appraised in accordance with section 402, Tariff Act of 1930, as 

amended (19 U.S.C. 1401a).