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19 CFR 162.51 - Disposition of proceeds of sale of property seized and forfeited other than under 19 U.S.C. 1592.

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§ 162.51
Disposition of proceeds of sale of property seized and forfeited other than under 19 U.S.C. 1592 .
(a) Order of payment of expenses incurred— (1) When application for remission and restoration is filed and approved. Section 613 of the Tariff Act of 1930, as amended (19 U.S.C. 1613 ), and § 171.41 of this chapter authorize the filing of an application for remission of the forfeiture and restoration of the proceeds from the sale of seized and forfeited property. If the application is filed within 3 months after the date of sale and is approved, the proceeds of the sale, or any part thereof, shall be restored to the applicant after deducting the following charges in the order named:
(i) Internal revenue taxes.
(ii) Marshal's fees and court costs.
(iii) Expenses of advertising and sale.
(iv) Expenses of cartage, storage, and labor. When the proceeds are insufficient to pay these expenses fully, they shall be paid pro rata.
(v) Duties.
(vi) Any sum due to satisfy a lien for freight, charges, or contributions in general average, provided notice of the lien has been given in the manner prescribed by law.
(2) When no application for remission and restoration is filed or the application is denied. If no application for remission and restoration is filed within 3 months after the date of sale of seized and forfeited property, or if the application is denied, the proceeds of the sale shall be disbursed in the following order:
(i) Internal revenue taxes.
(ii) Marshal's fees and court costs.
(iii) Expenses of advertising and sale.
(iv) Expenses of cartage, storage, and labor. When the proceeds are insufficient to pay these expenses fully, they shall be paid pro rata.
(v) Any sum due to satisfy a lien for freight, charges, or contributions in general average, provided notice of the lien has been given in the manner prescribed by law.
(vi) The residue, if any, shall be deposited with the Treasurer of the United States as a customs or navigation fine.
(b) Transfer of seized and forfeited property to another Federal agency. In the event that the seized and forfeited property has been authorized for transfer to another Federal agency for official use, the receiving agency shall reimburse Customs for the costs incurred in moving and storing the property from the date of seizure to the date of delivery.
[T.D. 79-160, 44 FR 31957, June 4, 1979; 44 FR 36376, June 22, 1979, as amended by T.D. 84-78, 49 FR 13492, Apr. 5, 1984]

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