[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: 19CFR162.79]



[Page 266-267]

 

                        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.  162.79  Determination as to violation.



    (a) No violation. If, after considering any presentations made in 

response to the prepenalty notice, the Fines, Penalties, and Forfeitures 

Officer determines that there was no violation by the person named in 

the prepenalty notice, he promptly shall notify the person in writing of 

that determination and that no claim for a monetary penalty will be 

issued.

    (b) Violation--(1) Written notice of claim. If, after considering 

any presentations made in response to the prepenalty notice, the Fines, 

Penalties, and Forfeitures Officer determines that there was a violation 

by the person named in the prepenalty notice, he promptly shall issue a 

written notice of a claim for a monetary penalty to that person.

    (2) Contents. The notice of a claim for a monetary penalty shall 

contain any changes in the information provided in the prepenalty 

notice, and shall inform the person of his right to apply for relief 

under section 618, Tariff Act of 1930, as amended (19 U.S.C. 1618), in 

accordance with part 171 of this chapter. If the person to whom the 

notice is issued is liable for any actual loss of duties recoverable 

under section 592(d),



[[Page 267]]



Tariff Act of 1930, as amended (19 U.S.C. 1592(d)), the notice shall 

identify the entries involved, state the amount of duties payable and 

how it was calculated, and require the person to deposit or arrange for 

payment of the duties within 30 days of the date of the notice.



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

FR 1680, Jan. 13, 1984; T.D. 99-27, 64 FR 13676, Mar. 22, 1999]