[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: 19CFR162.77]



[Page 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.  162.77  Prepenalty notice for violations of section 592, 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 592, Tariff 

Act of 1930, as amended (19 U.S.C. 1592), has occurred, and determines 

that further proceedings are warranted, he shall issue to the person 

concerned a notice of his intent to issue a claim for a monetary 

penalty. The prepenalty notice shall be issued whether or not a seizure 

has been made.

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

    (i) Describe the merchandise,

    (ii) Set forth the details of the entry or introduction, the 

attempted entry or introduction, or the aiding or abetting of the entry, 

introduction, or attempt,

    (iii) Specify all laws and regulatons allegedly violated,

    (iv) Disclose all material facts which establish the alleged 

violation,

    (v) State whether the alleged violation occured as the result of 

fraud, gross negligence, or negligence, and

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

account all circumstances, the amount of the proposed monetary penalty.

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

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

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 

claim for a monetary penalty should not be issued or, if issued, why it 

should be in a lesser amount than proposed.

    (c) Exceptions. A prepenalty notice shall not be issued if:

    (1) The claim is for $1,000 or less, or

    (2) The violation occurred with respect to a noncommercial 

importation.



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

13676, Mar. 22, 1999]