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CFR › Title 19 › Chapter I › Part 162 › Subpart E › Section 162.47

19 CFR 162.47 - Claim for property subject to summary forfeiture.

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§ 162.47
Claim for property subject to summary forfeiture.
(a) Filing of claim. Any person desiring to claim under the provisions of section 608, Tariff Act of 1930, as amended (19 U.S.C. 1608 ), seized property not exceeding $500,000 in value (however there is no limit in value of merchandise, the importation of which is prohibited, or in the value of vessels, vehicles or aircraft used to import, export, transport, or store any controlled substance, or in the amount of any monetary instruments within the meaning of 31 U.S.C. 5312(a)(3), that may be seized and forfeited) and subject to summary forfeiture, shall file a claim to such property with the Fines, Penalties, and Forfeitures Officer within 20 days from the date of the first publication of the notice prescribed in § 162.45.
(b) Bond for costs. Except as provided in paragraph (e) of this section, the bond in the penal sum of $5,000 or 10% of the value of the claimed property, whichever is lower, but not less than $250, required by section 608, Tariff Act of 1930, as amended, to be filed with a claim for seized property shall be on Customs Form 301, containing the bond conditions set forth in § 113.72 of this chapter.
(c) Claimant not entitled to possession. The filing of a claim and the giving of a bond, if required, pursuant to section 608, Tariff Act of 1930, shall not be construed to entitle the claimant to possession of the property. Such action only stops the summary forfeiture proceeding.
(d) Report to the U.S. attorney. When the claim and bond, if required, are filed within the 20-day period, the Fines, Penalties, and Forfeitures Officer shall report the case to the U.S. attorney for the institution of condemnation proceedings.
(e) Waiver of bond. Upon satisfactory proof of financial inability to post the bond, the Fines, Penalties, and Forfeitures Officer shall waive the bond requirement for any person who claims an interest in the seized property.
[T.D. 72-211, 37 FR 16488, Aug. 15, 1972, as amended by T.D. 81-1, 45 FR 84994, Dec. 24, 1980; T.D. 84-213, 49 FR 41186, Oct. 19, 1984; T.D. 85-123, 50 FR 29956, July 23, 1985; T.D. 91-52, 56 FR 25364, June 4, 1991; T.D. 99-27, 64 FR 13676, Mar. 22, 1999]

Title 19 published on 2012-04-01

The following are only the Rules published in the Federal Register after the published date of Title 19.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2013-01-29; vol. 78 # 19 - Tuesday, January 29, 2013
    1. 78 FR 6027 - Internet Publication of Administrative Seizure and Forfeiture Notices
      GPO FDSys XML | Text
      DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection
      Final rule.
      Final Rule effective February 28, 2013.
      19 CFR Part 162

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
USC : Title 9 - ARBITRATION

§ 1629

USC : Title 18 - CRIMES AND CRIMINAL PROCEDURE

§ 546 - Smuggling goods into foreign countries

USC : Title 19 - CUSTOMS DUTIES

§ 482 - Search of vehicles and persons

§ 1459 - Reporting requirements for individuals

§ 1460 - Repealed.

§ 1461 - Inspection of merchandise and baggage

§ 1467 - Special inspection, examination, and search

§ 1496 - Examination of baggage

§ 1581 - Boarding vessels

§ 1582 - Search of persons and baggage; regulations

§ 1592 - Penalties for fraud, gross negligence, and negligence

§ 1593a - Penalties for false drawback claims

§ 1594 - Seizure of conveyances

§ 1595 - Searches and seizures

§ 1595a - Forfeitures and other penalties

§ 1602 - Seizure; report to customs officer

§ 1701 - Customs-enforcement area

§ 1703 - Seizure and forfeiture of vessels

§ 1704 - Refusal or revocation of registry, enrollment, license or number on evidence that vessel engaging in smuggling; appeal; immunity from liability

§ 1705 - Destruction of forfeited vessel or vehicle

§ 1706 - Importation in vessels under thirty tons and aircraft; licenses; labels as prima facie evidence of foreign origin of merchandise

§ 1706a - Civil penalties for trading without required certificate of documentation

§ 1707 - Repealed.

§ 1708 - Repealed.

USC : Title 21 - FOOD AND DRUGS

§ 881 - Forfeitures

§ 952 - Importation of controlled substances

§ 953 - Exportation of controlled substances

§ 960 - Prohibited acts A

§ 960a - Foreign terrorist organizations, terrorist persons and groups

§ 961 - Prohibited acts B

§ 966 - Authority of Secretary of the Treasury

USC: Title 26a

§ 5688

USC : Title 39 - POSTAL SERVICE

§ 604 - Seizing and detaining letters

§ 605 - Searching vessels for letters

USC : Title 49 - TRANSPORTATION

§ 1509

Title 19 published on 2012-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 19 CFR 162 after this date.

  • 2013-01-29; vol. 78 # 19 - Tuesday, January 29, 2013
    1. 78 FR 6027 - Internet Publication of Administrative Seizure and Forfeiture Notices
      GPO FDSys XML | Text
      DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection
      Final rule.
      Final Rule effective February 28, 2013.
      19 CFR Part 162