[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: 19CFR127.43]



[Page 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.  127.43  Petition of party for surplus proceeds had merchandise 

been sold.



    (a) Filing of petition. Under section 491(d), Tariff Act of 1930, as 

amended (19 U.S.C. 1491(d)), any party who can satisfactorily establish 

title to or a substantial interest in unclaimed and abandoned 

merchandise, the title to which has vested in the United States, may 

file a petition for the amount that would have been payable to the party 

had the merchandise been sold and a proper claim made under section 493, 

Tariff Act of 1930, as amended (19 U.S.C. 1493).

    (b) When and with whom filed. The petition may be filed with the 

port director at whose direction the title to the merchandise was vested 

in the United States. If the party received notice under Sec.  

127.41(b), the petition must be filed within 30 calendar days after the 

day on which title vested in the United States. If the party can 

satisfactorily establish that such notice was not received, the party 

must file the petition within 30 calendar days of learning of the 

vesting but not later than 90 calendar days from the vesting.

    (c) Evidence required. The petition must show the party's title to 

or interest in the merchandise, and be supported, as appropriate, with 

the original bill of lading, bill of sale, contract, mortgage, or other 

satisfactory documentary evidence, or a certified copy of the foregoing. 

Also, if applicable, the petition must be supported by satisfactoryproof 

that the petitioner did not receive notice that title to the merchandise 

would vest in the United States and was in such circumstances as 

prevented the receipt of notice.

    (d) Payment of claim. If the claim of the owner, consignee, or other 

party having title to or a substantial interest in the merchandise, is 

properly established as provided in this section, the party may be paid 

out of the Treasury of the United States the amount that it is believed 

the party would have received under 19 U.S.C. 1493 had the merchandise 

been sold and a proper claim for the surplus of the proceeds of sale 

been made under that provision (see Sec.  127.36 of this part). In 

determining the amount that may have been payable under 19 U.S.C. 1493, 

given that the merchandise was not in fact sold at public auction under 

19 U.S.C. 1491(a), the appraisement of the merchandise, as provided in 

Sec.  127.41(c), will be taken into consideration. By virtue of the 

authority delegated to the port director in this matter, any payment 

made as provided under this paragraph in connection with the filing of a 

petition under paragraph (b) of this section will be final and 

conclusive on all parties.

    (e) Doubtful claim. Any doubtful claim for payment along with all 

pertinent documents and information available to the port director will 

be forwarded to the Assistant Commissioner, Office of Finance, for 

instructions. The decision of the Assistant Commissioner, Office of 

Finance, with respect to any petition filed under this section will be 

final and conclusive on all parties.