[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: 19CFR171.11]



[Page 288]

 

                        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 B_Action on Petitions

 

Sec.  171.11  Petitions acted on by Fines, Penalties, and Forfeitures 

Officer.



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

noted.





    (a) Remission or mitigation authority. Upon receipt of a petition 

for relief submitted pursuant to the provisions of section 618 of the 

Tariff Act of 1930, as amended (19 U.S.C. 1618), or section 5321(c) of 

title 31, United States Code (31 U.S.C. 5321(c)), or section 320 of 

title 46, United States Code App. (46 U.S.C. App. 320), the Fines, 

Penalties, and Forfeitures Officer is empowered to remit or mitigate on 

such terms and conditions as, under law and in view of the 

circumstances, he or she deems appropriate in accordance with 

appropriate delegations of authority.

    (b) When violation did not occur. Notwithstanding any other 

delegation of authority, the Fines, Penalties, and Forfeitures Officer 

is always empowered to cancel any claim when he or she definitely 

determines that the act or omission forming the basis of any claim of 

penalty or forfeiture did not occur.

    (c) When violation is result of vessel in distress. The Fines, 

Penalties, and Forfeitures Officer may remit without payment any penalty 

which arises for violation of the coastwise laws if he or she is 

satisfied that the violation occurred as a direct result of an arrival 

of the transporting vessel in distress.