[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: 19CFR162.75]



[Page 264]

 

                        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.  162.75  Seizures limited under section 592, Tariff Act of 1930, 

as amended.



    (a) When authorized. Merchandise may be seized for violation of 

section 592, Tariff Act of 1930, as amended (19 U.S.C. 1592) only if the 

port director has reasonable cause to believe that a person has violated 

the statute and that

    (1) The person is insolvent,

    (2) The person is beyond the jurisdiction of the United States,

    (3) Seizure otherwise is essential to protect the revenue, or

    (4) Seizure is essential to prevent the introduction of prohibited 

or restricted merchandise into the Customs territory of the United 

States.

    (b) No seizure if prior disclosure. Under no circumstances shall 

merchandise be seized under the authority of 19 U.S.C. 1592 if there has 

been a prior disclosure of the violation. This paragraph does not limit 

seizures under the authority of any other applicable law or regulation.

    (c) Seizure notice. If merchandise is seized, the Fines, Penalties, 

and Forfeitures Officer shall promptly issue a written notice of seizure 

to the person concerned and to any other person the facts of record 

indicate has an interest in the merchandise. The seizure notice shall 

contain the information required by Sec.  162.31 and shall state why the 

seizure was necessary.

    (d) Release of seized merchandise--(1) To person from whom seized. 

The Fines, Penalties, and Forfeitures Officer shall return seized 

mechandise to the person from whom seized upon the deposit of security, 

in a form acceptable to the Fines, Penalties, and Forfeitures Officer, 

equal to the maximum penalty which may be assessed, if the entry of the 

merchandise into the commerce of the United States is not prohibited or 

restricted.

    (2) To others. The Fines, Penalties, and Forfeitures Officer may 

release seized merchandise to any other person upon the deposit of 

adequate security, in a form acceptable to the Fines, Penalties, and 

Forfeitures Officer, if the entry of the merchandise into the commerce 

of the United States is not prohibited or restricted, and if:

    (i) The Fines, Penalties, and Forfeitures Officer is satisfied that 

the person has a substantial interest in the merchandise, and

    (ii) The person submits either an agreement to hold the United 

States and its officers and employees harmless, or a release from the 

owner and/or the person from whom the merchandise was seized.

    (3) Forfeiture. If neither a petition for relief is filed in 

accordance with part 171 of this chapter, nor compliance made with the 

decision within the time provided by law, the Fines, Penalties, and 

Forfeitures Officer immediately shall report the facts and refer the 

case to the Department of Justice for the institution of court 

proceedings.



[T.D. 72-211, 37 FR 16488, Aug. 15, 1972, as amended by T.D. 84-18, 49 

FR 1679, Jan. 13, 1984; T.D. 85-90, 50 FR 21431, May 24, 1985; T.D. 86-

118, 51 FR 22516, June 20, 1986; T.D. 88-43, 53 FR 28195, July 27, 1988; 

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