[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: 19CFR162.76]



[Page 264-265]

 

                        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.  162.76  Prepenalty notice for violations of sections 466 or 

584(a)(1), Tariff Act of 1930, as amended.



    (a) When required. If the Fines, Penalties, and Forfeitures Officer 

has reasonable cause to believe that a violation of section 466 or 

584(a)(1), Tariff Act of 1930, as amended (19 U.S.C. 1466, 1584(a)(1)), 

has occurred and determines that further proceedings are warranted, he 

shall issue to the person concerned a written notice of his intent to 

issue a penalty claim or a claim of forfeiture, as appropriate.

    (b) Contents--(1) Facts of violation. The prepenalty notice shall:

    (i) Describe the merchandise, if applicable,



[[Page 265]]



    (ii) Set forth the details of the error in the manifest, if 

applicable,

    (iii) Specify all laws and regulations allegedly violated,

    (iv) Describe all material facts and circumstances which establish 

the alleged violation, and

    (v) State the estimated loss of duties, if any, and, taking into 

account all circumstances, the amount of the proposed penalty claim or 

claim of forfeiture, as appropriate.

    (2) Right to make presentation. The prepenalty notice also shall 

inform the person of his right to make a written and an oral 

presentation within 30 days of the mailing of the notice (or such 

shorter period as may be prescribed under Sec.  162.78) as to why a 

penalty claim or claim of forfeiture should not be issued or, if issued 

and it involves a monetary amount, why it should be in a lesser amount 

than proposed.

    (c) Exception. No prepenalty notice shall be issued if the proposed 

penalty for an alleged violation of 19 U.S.C. 1584(a)(1) is $1,000 or 

less.



[T.D. 79-160, 44 FR 31958, June 4, 1979, as amended by T.D. 99-27, 64 FR 

13676, Mar. 22, 1999; CBP Dec. 04-28, 69 FR 52600, Aug. 27, 2004]