19 U.S. Code § 1607 - Seizure; value $500,000 or less, prohibited articles, transporting conveyances

(a) Notice of seizure
If—
(1) the value of such seized vessel, vehicle, aircraft, merchandise, or baggage does not exceed $500,000;
(2) such seized merchandise is merchandise the importation of which is prohibited;
(3) such seized vessel, vehicle, or aircraft was used to import, export, transport, or store any controlled substance or listed chemical; or
(4) such seized merchandise is any monetary instrument within the meaning of section 5312 (a)(3) of title 31;
the appropriate customs officer shall cause a notice of the seizure of such articles and the intention to forfeit and sell or otherwise dispose of the same according to law to be published for at least three successive weeks in such manner as the Secretary of the Treasury may direct. Written notice of seizure together with information on the applicable procedures shall be sent to each party who appears to have an interest in the seized article.
(b) “Controlled substance” and “listed chemical” defined
As used in this section, the terms “controlled substance” and “listed chemical” have the meaning given such terms in section 802 of title 21.
(c) Report to Congress
The Commissioner of Customs shall submit to the Congress, by no later than February 1 of each fiscal year, a report on the total dollar value of uncontested seizures of monetary instruments having a value of over $100,000 which, or the proceeds of which, have not been deposited into the Customs Forfeiture Fund under section 1613b of this title within 120 days of seizure, as of the end of the previous fiscal year.

Source

(June 17, 1930, ch. 497, title IV, § 607,46 Stat. 754; June 25, 1938, ch. 679, § 28(a),52 Stat. 1089; Sept. 1, 1954, ch. 1213, title V, § 506,68 Stat. 1141; Pub. L. 91–271, title III, § 301(ee),June 2, 1970, 84 Stat. 291; Pub. L. 95–410, title I, § 111(a),Oct. 3, 1978, 92 Stat. 897; Pub. L. 98–473, title II, § 311,Oct. 12, 1984, 98 Stat. 2053; Pub. L. 98–573, title II, § 213(a)(4),Oct. 30, 1984, 98 Stat. 2984; Pub. L. 101–382, title I, § 122,Aug. 20, 1990, 104 Stat. 642; Pub. L. 104–237, title II, § 201(c),Oct. 3, 1996, 110 Stat. 3101.)
Prior Provisions

Provisions similar to those in this section were contained in act Sept. 21, 1922, ch. 356, title IV, § 607,42 Stat. 985. That section was superseded by section 607 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act.
Prior provisions for publication or posting of notice of seizure, requiring claimants to appear and file their claim, when the appraised value did not exceed $500, were contained in R.S. § 3075, prior to repeal by act Sept. 21, 1922, ch. 356, title IV, § 642,42 Stat. 989.
Amendments

1996—Subsec. (a)(3). Pub. L. 104–237, § 201(c)(1), inserted “or listed chemical” after “controlled substance”.
Subsec. (b). Pub. L. 104–237, § 201(c)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “As used in this section, the term ‘controlled substance’ has the meaning given that term in section 802 of title 21.”
1990—Pub. L. 101–382, § 122(6), substituted “$500,000” for “$100,000” in section catchline.
Subsec. (a)(1). Pub. L. 101–382, § 122(1), substituted “$500,000” for “$100,000”.
Subsec. (a)(4). Pub. L. 101–382, § 122(2)–(4), added par. (4).
Subsec. (c). Pub. L. 101–382, § 122(5), added subsec. (c).
1984—Pub. L. 98–573amended section generally. See explanation below for amendment by Pub. L. 98–473.
Pub. L. 98–473amended section generally in manner substantially identical to amendment by Pub. L. 98–573. Prior to amendment, section read as follows: “If such value of such vessel, vehicle, merchandise, or baggage does not exceed $10,000, the appropriate customs officer shall cause a notice of the seizure of such articles and the intention to forfeit and sell or otherwise dispose of the same according to law to be published for at least three successive weeks in such manner as the Secretary of the Treasury may direct. For the purposes of this section and sections 1610 and 1612 of this title merchandise the importation of which is prohibited shall be held not to exceed $10,000 in value.”
1978—Pub. L. 95–410substituted “$10,000” for “$2,500” wherever appearing.
1970—Pub. L. 91–271substituted reference to appropriate customs officer for reference to collector, and struck out reference to appraiser’s return of value.
1954—Act Sept. 1, 1954, substituted “$2,500” for “$1,000” wherever appearing.
1938—Act June 25, 1938, substituted “forfeit and sell or otherwise dispose of the same according to law” for “forfeit and sell the same”.
Effective Date of 1984 Amendment

Amendment by Pub. L. 98–573effective Oct. 15, 1984, see section 214(e) ofPub. L. 98–573, set out as a note under section 1304 of this title.
Effective Date of 1970 Amendment

For effective date of amendment by Pub. L. 91–271, see section 203 ofPub. L. 91–271, set out as a note under section 1500 of this title.
Effective Date of 1938 Amendment

Amendment by act June 25, 1938, effective on thirtieth day following June 25, 1938, except as otherwise specifically provided, see section 37 of act June 25, 1938, set out as a note under section 1401 of this title.
Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203 (1), 551 (d), 552 (d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013

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19 USCDescription of ChangeSession YearPublic LawStatutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

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21 CFR - Food and Drugs

21 CFR Part 1316 - ADMINISTRATIVE FUNCTIONS, PRACTICES, AND PROCEDURES

27 CFR - Alcohol, Tobacco Products and Firearms

27 CFR Part 72 - DISPOSITION OF SEIZED PERSONAL PROPERTY

28 CFR - Judicial Administration

28 CFR Part 8 - FORFEITURE AUTHORITY FOR CERTAIN STATUTES

28 CFR Part 9 - REGULATIONS GOVERNING THE REMISSION OR MITIGATION OF ADMINISTRATIVE, CIVIL, AND CRIMINAL FORFEITURES

50 CFR - Wildlife and Fisheries

50 CFR Part 12 - SEIZURE AND FORFEITURE PROCEDURES

 

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