[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: 19CFR171.53]



[Page 293]

 

                        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 F_Expedited Petitioning Procedures

 

Sec.  171.53  Ruling on petition for expedited procedures.



    (a) Final administrative determination. Upon receipt of a petition 

filed pursuant to Sec.  171.52, Customs shall determine first whether a 

final administrative determination of the case can be made within 21 

days of the seizure. If such a final administrative determination is 

made within 21 days, no further action need be taken under this subpart.

    (b) Determination within 20 days. If no such final administrative 

determination is made within 21 days of the seizure, Customs shall 

within 20 days after the receipt of the petition make a determination as 

follows:

    (1) If Customs determines that the factors listed in Sec.  171.52(c) 

have been established, it shall terminate the administrative proceedings 

and release the property from seizure, or in the case of a commercial 

fishing industry vessel for which a summons has been issued, but not yet 

answered, dismiss the summons. The property shall not be returned if it 

is evidence of a violation of law.

    (2) If Customs determines that the factors listed in Sec.  171.52(c) 

have not been established, it shall proceed with the administrative 

forfeiture.



[T.D. 89-86, 54 FR 37602, Sept. 11, 1989]