Code of Federal Regulations · Section
§ 162.32 — Where Petition For Relief Not Filed
19 C.F.R. § 162.32
(a) Fines, penalties and forfeitures. If any person who is liable for a fine, penalty, or claim for a monetary amount, or who has an interest in property subject to forfeiture, fails to petition for relief as set forth in part 171 of this chapter, or fails to pay the fine or penalty within 30 days from the mailing date of the violation/penalty notice provided in § 162.31 (unless additional time is authorized for filing a petition, as set forth in part 171 of this chapter) the Fines, Penalties, and Forfeitures Officer, shall, after any required collection action is complete, refer any fine or penalty case promptly to the U.S. attorney, or the Department of Justice if the penalty was assessed under section 592, Tariff Act of 1930, as amended (19 U.S.C. 1592). In the case of property subject to forfeiture, the Fines, Penalties, and Forfeitures Officer, where appropriate, shall complete administrative forfeiture proceedings or shall refer the matter promptly to the U.S. attorney, or the Department of Justice if the case arose under section 592, in accordance with the provisions of subparagraph (c) below, unless the Commissioner of Customs expressly authorizes other action.
(b) Institution of forefeiture proceedings before completion of administrative procedures. Nothing in these regulations is intended to prevent the institution of forfeiture proceedings before completion of the administrative remission or mitigation procedures pursuant to section 618, Tariff Act of 1930, as amended (19 U.S.C. 1618).
(c) Seized property not eligible for administrative forfeiture. If the seized property is not eligible for administrative forfeiture, and neither a petition for relief in accordance with part 171 of this chapter, nor an offer to pay the domestic value as provided for in § 162.44, is made within 30 days (unless additional time has been authorized under part 171 of this chapter), the Fines, Penalties, and Forfeitures Officer shall refer the case promptly to the U.S. attorney for the judicial district in which the seizure was made, or the Department of Justice if the penalty was assessed under section 592.
Authorizing Statute
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Penalties for fraud, gross negligence, and negligence19 U.S.C. § 1592
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Remission or mitigation of penalties19 U.S.C. § 1618
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General rules for civil forfeiture proceedings18 U.S.C. § 983
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Bringing in and harboring certain aliens8 U.S.C. § 1324
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Reporting requirements for individuals19 U.S.C. § 1459
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Seizure; appraisement19 U.S.C. § 1606
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Definitions6 U.S.C. § 101
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Seizing and detaining letters39 U.S.C. § 604
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Aiding unlawful importation19 U.S.C. § 1595a
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Disposition and release of seized property26 U.S.C. § 5688
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Forfeitures21 U.S.C. § 881
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Smuggling goods into foreign countries18 U.S.C. § 546
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Seizure; warrants and reports19 U.S.C. § 1603
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Falsity or lack of manifest; penalties19 U.S.C. § 1584
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Search of vehicles and persons19 U.S.C. § 482
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Prohibited acts A21 U.S.C. § 960
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Departmental regulations5 U.S.C. § 301
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Importation of controlled substances21 U.S.C. § 952
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Rules and forms prescribed by Secretary19 U.S.C. § 66
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Release of seized property19 U.S.C. § 1614
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Seizure; summary forfeiture and sale19 U.S.C. § 1609
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Boarding vessels19 U.S.C. § 1581
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Manifests19 U.S.C. § 1431
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Seizure; sale unlawful19 U.S.C. § 1611
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Seizure; claims; judicial condemnation19 U.S.C. § 1608