Code of Federal Regulations · Section
§ 171.23 — Decisions Not Protestable
19 C.F.R. § 171.23
(a) Mitigation decision not subject to protest. Any decision to remit a forfeiture or mitigate a penalty is not a protestable decision as defined under the provisions of 19 U.S.C. 1514. Any payment made in compliance with any decision to remit a forfeiture or mitigate a penalty is not a charge or exaction and therefore is not a protestable action as defined under the provisions of 19 U.S.C. 1514.
(b) Payment of mitigated amount as accord and satisfaction. Payment of a mitigated amount in compliance with an administrative decision on a petition or supplemental petition for relief will be considered an election of administrative proceedings and full disposition of the case. Payment of a mitigated amount will act as an accord and satisfaction of the Government claim. Payment of a mitigated amount will never serve as a bar to filing a supplemental petition for relief.
Authorizing Statute
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Protest against decisions of Customs Service19 U.S.C. § 1514
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Aiding unlawful importation19 U.S.C. § 1595a
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General rules for civil forfeiture proceedings18 U.S.C. § 983
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Illegal exportation of war materials22 U.S.C. § 401
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Civil penalties31 U.S.C. § 5321
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Rules and forms prescribed by Secretary19 U.S.C. § 66