[Code of Federal Regulations]

[Title 19, Volume 2]

[Revised as of April 1, 2006]

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

[CITE: 19CFR162.32]



[Page 249-250]

 

                        TITLE 19--CUSTOMS DUTIES

 

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

        HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)

 

PART 162_INSPECTION, SEARCH, AND SEIZURE--Table of Contents

 

     Subpart D_Procedure When Fine, Penalty, or Forfeiture Incurred

 

Sec.  162.32  Where petition for relief not filed.



    (a) Fines, penalties and forfeitures. If any person who is liable 

for a fine, penalty, or claim for a monetary amount, or who has an 

interest in property subject to forfeiture, fails to petition for relief 

as set forth in part 171 of this chapter, or fails to pay the fine or 

penalty within 30 days from the mailing date of the violation/penalty 

notice provided in Sec.  162.31 (unless additional time is authorized 

for filing a petition, as set forth in part 171 of this chapter) the 

Fines, Penalties, and Forfeitures Officer, shall, after any required 

collection action is complete, refer any fine or penalty case promptly 

to the U.S. attorney, or the Department of Justice if the penalty was 

assessed under section 592, Tariff Act of 1930, as amended (19 U.S.C. 

1592). In the case of property subject to forfeiture, the Fines, 

Penalties, and Forfeitures Officer, where appropriate, shall complete 

administrative forfeiture proceedings or shall refer the matter promptly 

to the U.S. attorney, or the Department of Justice if the case arose 

under section 592, in



[[Page 250]]



accordance with the provisions of subparagraph (c) below, unless the 

Commissioner of Customs expressly authorizes other action.

    (b) Institution of forefeiture proceedings before completion of 

administrative procedures. Nothing in these regulations is intended to 

prevent the institution of forfeiture proceedings before completion of 

the administrative remission or mitigation procedures pursuant to 

section 618, Tariff Act of 1930, as amended (19 U.S.C. 1618).

    (c) Seized property not eligible for administrative forfeiture. If 

the seized property is not eligible for administrative forfeiture, and 

neither a petition for relief in accordance with part 171 of this 

chapter, nor an offer to pay the domestic value as provided for in Sec.  

162.44, is made within 30 days (unless additional time has been 

authorized under part 171 of this chapter), the Fines, Penalties, and 

Forfeitures Officer shall refer the case promptly to the U.S. attorney 

for the judicial district in which the seizure was made, or the 

Department of Justice if the penalty was assessed under section 592.



[T.D. 85-195, 50 FR 50289, Dec. 10, 1985, as amended by T.D. 99-27, 64 

FR 13676, Mar. 22, 1999]