[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: 19CFR162.48]



[Page 253-254]

 

                        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.  162.48  Disposition of perishable and other seized property.



    (a) Disposition of perishable property. Seized property which is 

perishable or otherwise enumerated in section 612, Tariff Act of 1930, 

as amended (19 U.S.C. 1612), and is covered by the provisions of section 

607, Tariff Act of 1930, as amended (19 U.S.C. 1607), shall be 

advertised for sale and sold at public auction at the earliest possible 

date. The Fines, Penalties, and Forfeitures Officer shall proceed to 

give notice by advertisement of the summary sale for such time as he 

considers reasonable. This notice shall be of sale only and not notice 

of seizure and intent to forfeit. The proceeds of the sale shall be held 

subject to the claims of parties in interest in the same manner as the 

seized property would have been subject to such claims.

    (b) Disposition of other seized property. (1) If the expense of 

keeping any vessel, vehicle, aircraft, merchandise or baggage is 

disproportionate to the value thereof, destruction or other disposition 

of such property may be ordered by the appropriate Customs officer. 

Storage expenses are presumed to be disproportionate to the value of the 

property where the expense has reached or is anticipated to reach 50 

percent of the value of the property.



[[Page 254]]



The right of a claimant to seized property which has been destroyed or 

otherwise disposed of shall not be extinguished.

    (2) Publication of a notice of the seizure, regardless of the 

disposition of the property, will be required pursuant to 19 U.S.C. 

1607. Claimants to seized property will be permitted to file a petition 

for remission of the forfeiture pursuant to 19 U.S.C. 1618, and part 171 

of this chapter. A claimant receiving full or partial relief from the 

forfeiture shall be reimbursed the difference between the value of the 

merchandise at the time of the seizure, pursuant to 19 U.S.C. 1606 and 

Sec.  162.43 of this part, and any remitted forfeiture amount that the 

claimant is required to pay.

    (3) A claimant to destroyed or otherwise disposed of seized property 

requesting relief in the form of payment may file a claim and cost bond 

and seek judicial hearing on the forfeiture pursuant to 19 U.S.C. 1608.

    (4) Successful claimants shall be compensated from Customs 

Forfeiture Fund pursuant to 19 U.S.C. 1613b.



[T.D. 72-211, 37 FR 16488, Aug. 15, 1972, as amended by 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; T.D. 00-57, 65 FR 53575, Sept. 5, 

2000]