Code of Federal Regulations · Section
§ 162.47 — Claim For Property Subject To Summary Forfeiture
19 C.F.R. § 162.47
(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.
Authorizing Statute
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Seizure; claims; judicial condemnation19 U.S.C. § 1608
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Definitions and application31 U.S.C. § 5312
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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