[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: 19CFR162.46]



[Page 252-253]

 

                        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.  162.46  Summary forfeiture: Disposition of goods.



    (a) General. If no petition for relief from the forfeiture is filed 

in accordance with the provision of part 171 of this chapter, or if a 

petition was filed and has been denied, and the property is not retained 

for official use, it shall be disposed of in accordance with section 

609, Tariff Act of 1930, as amended (19 U.S.C. 1609) or section 491(b), 

Tariff Act of 1930, as amended (19 U.S.C. 1491(b)).

    (b) Articles required to be inspected by other Government agencies. 

Before seized drugs, insecticides, seeds, plants, nursery stock, and 

other articles required to be inspected by other Government agencies are 

sold, they shall be inspected by a representative of such agency to 

ascertain whether or not they meet the requirements of the laws and 

regulations of that agency, and if found not to meet such requirements, 

they shall be destroyed forthwith.

    (c) Sale--(1) General. If the forfeited property is cleared for 

sale, it shall be sold in accordance with the applicable provisions of 

part 127 of this chapter. The Fines, Penalties, and Forfeitures Officer 

may postpone the sale of small seizures until he believes the proceeds 

of a consolidated sale will pay all expenses.

    (2) Transfer to another port for sale. Property shall be moved to 

and sold at such other Customs port as the Commissioner of Customs may 

direct pursuant to the provisions of section 611, Tariff Act of 1930 (19 

U.S.C. 1611), if:

    (i) The laws of a State in which property is seized and forfeited 

prohibit the sale of such property; or

    (ii) The Commissioner is of the opinion that the sale of forfeited 

property may be made more advantageously at another Customs port.

    (d) Destruction. If, after summary forfeiture of property is 

completed, it appears that the net proceeds of sale will not be 

sufficient to pay the costs of sale, the Fines, Penalties, and 

Forfeitures Officer may order destruction of the property. Any vessel or 

vehicle summarily forfeited for violation of any law respecting the 

Customs revenue may be destroyed in lieu of the sale thereof when such 

destruction is authorized by the Commissioner of Customs to protect the 

revenue.

    (e) Disposition of distilled spirits, wines, and malt liquor. In 

addition to disposition by sale or destruction as provided for by this 

section, distilled spirits, wines, and malt liquor may be delivered:



[[Page 253]]



    (1) To any Government agency the Commissioner of Customs or his 

designee determines has a need for these articles for medical, 

scientific, or mechanical purposes, or for any other official purpose 

for which appropriated funds may be expended by a Government agency, or

    (2) By gift to any charitable institution the Commissioner of 

Customs or his designee determines has a need for the articles for 

medical purposes.



[T.D. 72-211, 37 FR 16488, Aug. 15, 1972, as amended by T.D. 77-12, 41 

FR 56629, Dec. 29, 1976; T.D. 79-159, 44 FR 31971, June 4, 1979; T.D. 

85-195, 50 FR 50290, Dec. 10, 1985; T.D. 92-69, 57 FR 30640, July 10, 

1992; T.D. 99-27, 64 FR 13676, Mar. 22, 1999]