[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: 19CFR162.44]



[Page 250-251]

 

                        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 E_Treatment of Seized Merchandise

 

Sec.  162.44  Release on payment of appraised value.



    (a) Value exceeding $100,000. Any offer to pay the appraised 

domestic value of seized property in order to obtain the immediate 

release of the property which was seized under the Customs laws or laws 

administered by Customs and exceeding $100,000 in appraised domestic 

value, or which was seized under the navigation laws, shall be in 

writing, addressed to the Commissioner of Customs, and signed by the 

claimant or his attorney. It shall be submitted in duplicate to the 

Fines, Penalties, and Forfeitures Officer having jurisdiction at the 

port where the property was seized. Proof of ownership shall be 

submitted with the application if the facts in the case make such action 

necessary.

    (b) Value not over $100,000--(1) Authority to accept offer. The 

Fines, Penalties, and Forfeitures Officer is authorized to



[[Page 251]]



accept a written offer pursuant to section 614, Tariff Act of 1930, as 

amended (19 U.S.C. 1614), to pay the appraised domestic value of 

property seized under the Customs laws and to release such property if:

    (i) The appraised domestic value of the seized property does not 

exceed $100,000.

    (ii) The Fines, Penalties, and Forfeitures Officer is satisfied that 

the claimant has, in fact, a substantial interest in the property; and

    (iii) Entry of the seized property into the commerce of the United 

States is not prohibited by law.

    (2) Referral of offer. The Fines, Penalties, and Forfeitures Officer 

shall refer to the Commissioner of Customs any offer where it appears 

that the claimant does not have a substantial interest in the seized 

property or where it appears it would not be in the best interest of the 

United States to accept.

    (c) Retention of property. The Fines, Penalties, and Forfeitures 

Officer shall retain custody of the property pending payment of the 

amount of the offer when the application is approved.



[T.D. 72-211, 37 FR 16488, Aug. 15, 1972, as amended by T.D. 74-276, 39 

FR 37633, Oct. 23, 1974; T.D. 85-195, 50 FR 50289, Dec. 10, 1985; T.D. 

99-27, 64 FR 13676, Mar. 22, 1999]