[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: 19CFR162.78]



[Page 266]

 

                        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.  162.78  Presentations responding to prepenalty notice.



    (a) Time within which to respond. Unless a shorter period is 

specified in the prepenalty notice or an extension is given in 

accordance with paragraph (b) of this section, the named person shall 

have 30 days from the date of mailing of the prepenalty notice to make a 

written and an oral presentation. The Fines, Penalties, and Forfeitures 

Officer may specify a shorter reasonable period of time, but not less 

than 7 days, if less than 1 year remains before the statute of 

limitations may be asserted as a defense. If a period of fewer than 30 

days is specified, the Fines, Penalties, and Forfeitures Officer, if 

possible, shall inform the named person of the prepenalty notice and its 

contents by telephone at or about the time of issuance.

    (b) Extensions. If at least 1 year remains before the statute of 

limitations may be asserted as a defense, the Fines, Penalties, and 

Forfeitures Officer, upon written request, may extend the time for 

filing a written presentation, or making an oral presentation, or both, 

for any of the reasons given in part 171 of this chapter (except for the 

reason described in Sec.  171.15(a)(4)), relating to extensions of time 

for filing petitions for relief. In addition, an extension may be 

granted if, upon the request of the alleged violator, the Commissioner 

of Customs determines that the case involves an issue which is a proper 

matter for submission to Customs Headquarters under the internal advice 

procedures of Sec.  177.11(b)(2) of this chapter. Other extensions may 

be authorized only by Headquarters.

    (c) Form and contents of written presentation. The written 

presentation need not be in any particular form, but shall contain 

information sufficient to indicate that it is the written presentation 

in response to the prepenalty notice. It should contain answers to the 

allegations in the prepenalty notice and set forth the reasons why the 

person believes the claim should not be issued or, if issued, why it 

should be in a lesser amount than proposed.

    (d) Additional presentations. In addition to one written and one 

oral presentation, the Fines, Penalties, and Forfeitures Officer, in his 

discretion, may allow further presentations.



[T.D. 72-211, 37 FR 16488, Aug. 15, 1972, as amended by T.D. 85-195, 50 

FR 50290, Dec. 10, 1985; T.D. 99-27, 64 FR 13676, Mar. 22, 1999]