[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: 19CFR172.11]



[Page 316]

 

                        TITLE 19--CUSTOMS DUTIES

 

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

        HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)

 

PART 172_CLAIMS FOR LIQUIDATED DAMAGES; PENALTIES SECURED BY BONDS

--Table of Contents

 

                      Subpart B_Action on Petitions

 

Sec.  172.11  Petitions acted on by Fines, Penalties, and Forfeitures 

Officer.





    (a) Mitigation or cancellation authority. Upon receipt of a petition 

for relief submitted pursuant to the provisions of section 618 or 623 of 

the Tariff Act of 1930, as amended (19 U.S.C. 1618 or 19 U.S.C. 1623), 

or section 320 of title 46, United States Code App. (46 U.S.C. App. 

320), the Fines, Penalties, and Forfeitures Officer, notwithstanding any 

other law or regulation, is empowered to mitigate any penalty or cancel 

any claim for liquidated damages on such terms and conditions as, under 

law and in view of the circumstances, he or she shall deem 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 case without payment of a mitigated or 

cancellation amount when he or she definitely determines that the act or 

omission forming the basis of any claim of penalty or claim for 

liquidated damages did not occur.