[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: 19CFR171.1]



[Page 287]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

        HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)

 

PART 171_FINES, PENALTIES, AND FORFEITURES--Table of Contents

 

                    Subpart A_Application for Relief

 

Sec.  171.1  Petition for relief.



    Source: T.D. 00-57, 65 FR 53576, Sept. 5, 2000, unless otherwise 

noted.





    (a) To whom addressed. Petitions for the remission or mitigation of 

a fine, penalty, or forfeiture incurred under any law administered by 

Customs must be addressed to the Fines, Penalties, and Forfeitures 

Officer designated in the notice of claim.

    (b) Signature. For commercial violations, the petition for remission 

or mitigation must be signed by the petitioner, his attorney-at-law or a 

Customs broker. If the petitioner is a corporation, the petition may be 

signed by an officer or responsible supervisory official of the 

corporation, or a responsible employee representative of the 

corporation. Electronic signatures are acceptable. In non-commercial 

violations, a non-English speaking petitioner or petitioner who has a 

disability which may impede his ability to file a petition may enlist a 

family member or other representative to file a petition on his behalf. 

The deciding Customs officer may, in his or her discretion, require 

proof of representation before consideration of any petition.

    (c) Form. The petition for remission or mitigation need not be in 

any particular form. Customs can require that the petition and any 

documents submitted in support of the petition be in English or be 

accompanied by an English translation. The petition must set forth the 

following:

    (1) A description of the property involved (if a seizure);

    (2) The date and place of the violation or seizure;

    (3) The facts and circumstances relied upon by the petitioner to 

justify remission or mitigation; and

    (4) If a seizure case, proof of a petitionable interest in the 

seized property.

    (d) False statement in petition. A false statement contained in a 

petition may subject the petitioner to prosecution under the provisions 

of 18 U.S.C. 1001.