[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: 19CFR162.45]



[Page 251-252]

 

                        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.  162.45  Summary forfeiture: Property other than Schedule I and 

Schedule II controlled substances. Notice of seizure and sale.



    (a) Contents. The notice required by section 607, Tariff Act of 

1930, as amended (19 U.S.C. 1607), of seizure and intent to forfeit and 

sell or otherwise dispose of according to law property not exceeding 

$500,000 in value, or any seized merchandise the importation of which is 

prohibited, or any seized vessel, vehicle or aircraft that was used to 

import, export, transport, or store any controlled substance, or such 

seized merchandise is any monetary instrument within the meaning of 31 

U.S.C. 5312(a)(3), shall:

    (1) Describe the property seized and in the case of motor vehicles, 

specify the motor and serial numbers;

    (2) State the time, cause, and place of seizure;

    (3) State that any person desiring to claim property must appear at 

a designated place and file with the Fines, Penalties, and Forfeitures 

Officer within 20 days from the date of first publication of the notice 

a claim to such property and a bond in the sum of $5,000 or 10% of the 

value of the claimed property, whichever is lower, but not less than 

$250, in default of which the property will be disposed of in accordance 

with the law; and

    (4) State the name and place of residence of the person to whom any 

vessel or merchandise seized for forfeiture under the navigation laws 

belongs or is consigned, if that information is known to the Fines, 

Penalties, and Forfeitures Officer.

    (b) Publication. (1) If the appraised value of any property in one 

seizure from one person, other than Schedule I and Schedule II 

controlled substances (as defined in 21 U.S.C. 802(6) and 812), exceeds 

$5,000, the notice will be published for at least three successive weeks 

in a newspaper circulated at the Customs port and in the judicial 

district where the property was seized. All known parties-in-interest 

shall be notified of the newspaper and expected dates of publication of 

such notice.

    (2) In all other cases, except for Schedule I and Schedule II 

controlled substances (see Sec.  162.45a), the notice will be published 

by posting it in the customhouse nearest the place of seizure. It will 

be posted in a conspicuous place that is accessible to the public, with 

the date of posting noted thereon, and will be kept posted for at least 

three successive weeks. Articles of small value of the same class or 

kind included in two or more seizures will be advertised as one unit.

    (c) Delay of publication. Publication of the notice of seizure and 

intent to summarily forfeit and dispose of property eligible for such 

treatment may be delayed for a period not to exceed 30 days in those 

cases where the Fines, Penalties, and Forfeitures Officer has reason to 

believe that a petition for administrative relief in accord with part 

171 of this chapter will be filed.



[[Page 252]]





[T.D. 72-211, 37 FR 16488, Aug. 15, 1972, as amended by T.D. 83-72, 48 

FR 11423, Mar. 18, 1983; T.D. 85-123, 50 FR 29956, July 23, 1985; T.D. 

85-195, 50 FR 50290, Dec. 10, 1985; T.D. 91-52, 56 FR 25364, June 4, 

1991; T.D. 99-27, 64 FR 13676, Mar. 22, 1999; T.D. 00-37, 65 FR 33254, 

May 23, 2000; CBP Dec. 05-02, 70 FR 8510, Feb. 22, 2005]