Code of Federal Regulations · Section
§ 162.79 — Determination As To Violation
19 C.F.R. § 162.79
(a) No violation. If, after considering any presentations made in response to the prepenalty notice, the Fines, Penalties, and Forfeitures Officer determines that there was no violation by the person named in the prepenalty notice, he promptly shall notify the person in writing of that determination and that no claim for a monetary penalty will be issued.
(b) Violation—(1) Written notice of claim. If, after considering any presentations made in response to the prepenalty notice, the Fines, Penalties, and Forfeitures Officer determines that there was a violation by the person named in the prepenalty notice, he promptly shall issue a written notice of a claim for a monetary penalty to that person.
(2) Contents. The notice of a claim for a monetary penalty shall contain any changes in the information provided in the prepenalty notice, and shall inform the person of his right to apply for relief under section 618, Tariff Act of 1930, as amended (19 U.S.C. 1618), in accordance with part 171 of this chapter. If the person to whom the notice is issued is liable for any actual loss of duties recoverable under section 592(d), Tariff Act of 1930, as amended (19 U.S.C. 1592(d)), the notice shall identify the entries involved, state the amount of duties payable and how it was calculated, and require the person to deposit or arrange for payment of the duties within 30 days of the date of the notice.
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