[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: 19CFR162.72]



[Page 259]

 

                        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 G_Special Procedures for Certain Violations

 

Sec.  162.72  Penalties and forfeitures under sections 466 and 584(a)(1), 

Tariff Act of 1930, as amended.



    (a) Foreign repairs and equipment purchases; election to proceed. If 

the Fines, Penalties, and Forfeitures Officer has reasonable cause to 

believe that a violation of section 466, Tariff Act of 1930, as amended 

(19 U.S.C. 1466), has occurred, he may elect to proceed against the 

vessel or aircraft, or against the violator for forfeiture of a monetary 

amount up to the domestic value of the vessel or aircraft.

    (b) Lack of manifest or discrepancy in manifest. The penalties for 

violation of section 584(a)(1), Tariff Act of 1930, as amended (19 

U.S.C. 1584(a)(1)), are as follows:

    (1) A penalty of $1,000 against the master of a vessel, the 

commander of an aircraft, or the person in charge of a vehicle bound to 

the United States who does not produce the manifest on demand.

    (2) A penalty of $1,000 against the master of a vessel, the 

commander of an aircraft, the person in charge of a vehicle, or the 

owner of the vessel, aircraft, or vehicle, or any person directly or 

indirectly responsible for the discrepancy, if any merchandise described 

in the manifest is not found on board (a ``shortage'').

    (3)(i) A penalty equal to the lesser of $10,000 or the domestic 

value of merchandise found on board of or after having been unladen from 

a vessel or vehicle, or

    (ii) A penalty of $1,000 (see Sec.  122.161 of this chapter) if 

merchandise (other than narcotics or marihuana--see Sec.  162.65 of this 

chapter) is found on board of or after having been unladen from an 

aircraft--if the merchandise is not included or described in the 

manifest or does not agree with the manifest (an ``overage'').

    (iii) Unmanifested merchandise belonging to or consigned to the 

master or crew of the vessel, the commander or crew of the aircraft, or 

to the owner or person in charge of the vehicle, also shall be subject 

to forfeiture.



The appropriate of these penalties may be assessed against the master or 

crew of the vessel, the commander or crew of the aircraft, the person in 

charge of the vehicle, the owner of the vessel, aircraft, or vehicle, or 

any person directly or indirectly responsible for the discrepancy.

    (c) Exception. There is no violation, and consequently no penalty 

incurred under paragraph (b), in the circumstances described in 

Sec. Sec.  4.12(a)(5) and 122.162 of this chapter.



[T.D. 79-160, 44 FR 31958, June 4, 1979, as amended by T.D. 86-59, 51 FR 

8490, Mar. 12, 1986; T.D. 88-12, 53 FR 9315, Mar. 22, 1988; T.D. 99-27, 

64 FR 13676, Mar. 22, 1999; T.D. 99-64, 64 FR 43267, Aug. 10, 1999]