[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: 19CFR162.50]



[Page 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.  162.50  Forfeiture by court decree: Disposition.



    (a) Sale. Forfeited property decreed by the court for sale or 

disposition by the Fines, Penalties, and Forfeitures Officer shall be 

disposed of in the same manner as property summarily forfeited. (See 

Sec.  162.46.)

    (b) Transfer to other ports for sale. If the laws of the State in 

which property is seized and forfeited prohibit the sale of such 

property, or if the Commissioner of Customs is of the opinion that the 

sale of forfeited property may be made more advantageously at another 

port, application may be made to the court to permit disposition in 

accordance with the provisions of section 611, Tariff Act of 1930 (19 

U.S.C. 1611). If the court permits such disposition, the property shall 

be moved to and sold at such other port as the Commissioner may direct 

provided it has been cleared for sale.

    (c) Destruction--(1) Proceeds of sale not sufficient. Property 

forfeited under a decree of any court may be destroyed if it is provided 

in the decree of forfeiture that the property shall be delivered to the 

Secretary of the Treasury or the Commissioner of Customs for disposition 

in accordance with section 611, Tariff Act of 1930 (19 U.S.C. 1611).

    (2) For protection of the revenue. Any vessel or vehicle forfeited 

under a decree of any court for violation of any law respecting the 

Customs revenue may be destroyed in lieu of sale when such destruction 

is authorized by the Commissioner of Customs to protect the revenue if 

it is provided in the decree of forfeiture that the property shall be 

delivered to the Secretary of the Treasury or Commissioner of Customs 

for disposition under the provisions of 19 U.S.C. 1705.



[T.D. 72-211, 37 FR 16488, Aug. 15, 1972, as amended by T.D. 99-27, 64 

FR 13676, Mar. 22, 1999]



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