[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: 19CFR172.2]



[Page 315-316]

 

                        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 A_Notice of Claim and Application for Relief

 

Sec.  172.2  Petition for relief.



    (a) To whom addressed. Petitions for the cancellation of any claim 

for liquidated damages or remission or mitigation of a fine or penalty 

secured by a Customs bond incurred under any law or regulation 

administered by Customs must be addressed to the Fines, Penalties, and 

Forfeitures Officer designated in the notice of claim.

    (b) Signature. 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 

responsible employee representative of the corporation. Electronic 

signatures are acceptable. The deciding Customs officer may, in his or 

her discretion and with articulable cause, require proof of 

representation before consideration of any petition.

    (c) Form. The petition for cancellation, 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) The date and place of the violation; and



[[Page 316]]



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

justify cancellation, remission or mitigation.

    (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.