[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: 19CFR162.47]



[Page 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.  162.47  Claim for property subject to summary forfeiture.



    (a) Filing of claim. Any person desiring to claim under the 

provisions of section 608, Tariff Act of 1930, as amended (19 U.S.C. 

1608), seized property not exceeding $500,000 in value (however there is 

no limit in value of merchandise, the importation of which is 

prohibited, or in the value of vessels, vehicles or aircraft used to 

import, export, transport, or store any controlled substance, or in the 

amount of any monetary instruments within the meaning of 31 U.S.C. 

5312(a)(3), that may be seized and forfeited) and subject to summary 

forfeiture, shall file a claim to such property with the Fines, 

Penalties, and Forfeitures Officer within 20 days from the date of the 

first publication of the notice prescribed in Sec.  162.45.

    (b) Bond for costs. Except as provided in paragraph (e) of this 

section, the bond in the penal sum of $5,000 or 10% of the value of the 

claimed property, whichever is lower, but not less than $250, required 

by section 608, Tariff Act of 1930, as amended, to be filed with a claim 

for seized property shall be on Customs Form 301, containing the bond 

conditions set forth in Sec.  113.72 of this chapter.

    (c) Claimant not entitled to possession. The filing of a claim and 

the giving of a bond, if required, pursuant to section 608, Tariff Act 

of 1930, shall not be construed to entitle the claimant to possession of 

the property. Such action only stops the summary forfeiture proceeding.

    (d) Report to the U.S. attorney. When the claim and bond, if 

required, are filed within the 20-day period, the Fines, Penalties, and 

Forfeitures Officer shall report the case to the U.S. attorney for the 

institution of condemnation proceedings.

    (e) Waiver of bond. Upon satisfactory proof of financial inability 

to post the bond, the Fines, Penalties, and Forfeitures Officer shall 

waive the bond requirement for any person who claims an interest in the 

seized property.



[T.D. 72-211, 37 FR 16488, Aug. 15, 1972, as amended by T.D. 81-1, 45 FR 

84994, Dec. 24, 1980; T.D. 84-213, 49 FR 41186, Oct. 19, 1984; T.D. 85-

123, 50 FR 29956, July 23, 1985; T.D. 91-52, 56 FR 25364, June 4, 1991; 

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