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CFR › Title 19 › Chapter I › Part 162 › Subpart E › Section 162.52

19 CFR 162.52 - Disposition of proceeds of sale of property seized and forfeited under 19 U.S.C. 1592.

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§ 162.52
Disposition of proceeds of sale of property seized and forfeited under 19 U.S.C. 1592 .
(a) Order of disposition of proceeds. Section 613 of the Tariff Act of 1930, as amended (19 U.S.C. 1613 ), provides for the disposition of the proceeds from the sale of property seized and forfeited under section 592, Tariff Act of 1930, as amended (19 U.S.C. 1592 ), as provided for in § 162.75 of this part. Distribution shall be made in the following order:
(1) Internal revenue taxes.
(2) Marshal's fees and court costs.
(3) Expenses of advertising and sale.
(4) Expenses of cartage, storage, and labor. When proceeds are insufficient to pay these expenses fully, they shall be paid pro rata.
(5) Duties.
(6) 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.
(7) The monetary penalty assessed under 19 U.S.C. 1592.
(8) The remaining proceeds, if any, shall be paid to the appropriate party-in-interest as provided in paragraph (b).
(b) Determination of appropriate party-in-interest. (1) If the property is subject to a judicial forfeiture proceeding and if it appears at the time of this proceeding that 2 or more parties claim an interest in the remaining proceeds referred to in paragraph (a)(8), each of the parties shall be joined in the proceeding so that the issue of proper distribution may be determined by the court.
(2) If the property is sold under the summary forfeiture procedure, or if the court has not specified the manner of distribution, the Fines, Penalties, and Forfeitures Officer shall hold the excess proceeds for 3 months from the date of the sale to allow any party-in-interest to claim the proceeds.
(3) If there is one alleged violator and no petition has been filed for the excess proceeds by another person, the excess proceeds shall be disbursed to the person against whom the penalty was assessed.
(4) If there are 2 or more persons with claims or possible claims to the excess proceeds, the Fines, Penalties, and Forfeitures Officer shall attempt to obtain a written agreement from the parties as to the distribution. If an agreement cannot be reached, the matter shall be referred to Customs Headquarters for determination.
(c) Official use of seized and forfeited property. If the seized and forfeited property has been authorized for official use, its retention or delivery shall be regarded as a “sale” for the purposes of section 613, Tariff Act of 1930, as amended (19 U.S.C. 1613 ). The appropriation available to the receiving agency for the purchase, hire, operation, maintenance, and repair of the type of property involved shall be distributed as provided in paragraphs (a) and (b).
[T.D. 79-160, 44 FR 31958, June 4, 1979, as amended by 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