C.F.R. » Title 19 » CHAPTER I—U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY › PART 162—INSPECTION, SEARCH, AND SEIZURE › Subpart D—Procedure When Fine, Penalty, or Forfeiture Incurred

19 C.F.R. § 162.31

Notice of fine, penalty, or forfeiture incurred

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(a) Notice. Written notice of any fine or penalty incurred as well as any liability to forfeiture shall be given to each party that the facts of record indicate has an interest in the claim or seized property. The notice shall also inform each interested party of his right to apply for relief under section 618, Tariff Act of 1930, as amended (19 U.S.C. 1618), or any other applicable statute authorizing mitigation of penalties or remission of forfeitures, in accordance with part 171 of this chapter. The notice shall inform any interested party in a case involving forfeiture of seized property that unless the petitioner provides an express agreement to defer judicial or administrative forfeiture proceedings until completion of the administrative process, the case will be referred 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), for institution of judicial proceedings, or summary forfeiture proceedings will be begun. For violations involving the possession of personal use quantities of a controlled substance, also see § 171.55.

(b) Contents of notice. The notice shall contain the following:

(1) The provisions of law alleged to have been violated;

(2) A description of the specific acts or omissions forming the basis of the alleged violations;

(3) If the alleged violations involve the entry or attempted entry of merchandise,

(i) A description of the merchandise and the circumstances of its entry or attempted entry, and

(ii) The identity of each entry, if specific entries are involved; and

(4) If the alleged violations involve a loss of revenue,

(i) The total loss of revenue and how it was computed, and

(ii) The loss of revenue attributable to each entry, if readily susceptible to calculation.

(c) Demand for deposit in case of smuggled articles of small value. In the case of smuggled articles of small value, demand shall be made for immediate deposit of an amount equivalent to the domestic value of the articles on account of the liability to a penalty incurred as distinct from liability of the goods to forfeiture. Such sum shall be deposited whether or not a petition for relief is filed in accordance with part 171 of this chapter. A demand for deposit need not be made in connection with any liability incurred by the master of a vessel under the provisions of section 453, Tariff Act of 1930, as amended (19 U.S.C. 1453).

[T.D. 72-211, 37 FR 16488, Aug. 15, 1972, as amended by T.D. 78-38, 43 FR 4255, Feb. 1, 1978; T.D. 79-160, 44 FR 31956, June 4, 1979; T.D. 85-90, 50 FR 21431, May 24, 1985; T.D. 89-86, 54 FR 37602, Sept. 11, 1989]
Notes of Decisions
Cited in 25 cases, 1975–2020 · leading case: United States v. Eight Thousand Eight Hundred & Fifty Dollars, 461 U.S. 555 (1983).
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United States v. Eight Thousand Eight Hundred & Fifty Dollars, 461 U.S. 555 (1983). · cites it 4× “[1] See 19 CFR § 162.31 (a) (1982). The regulations require a claimant to file the petition within 60 days.”
Gete v. Immigr. & Naturalization Serv., 121 F.3d 1285 (9th Cir. 1997). · cites it 3× “See 19 C.F.R. § 162.31 (b)(l)-(2). Because the INS has its own notice regulations, it does not follow the more informative customs regulations.”
People v. One 1998 GMC, 2011 IL 110236 (Ill. 2011). “19 C.F.R. § 162.31 (a) (1982). Another federal provision also gave the Secretary discretion to “remit any forfeiture or penalty *** in whole or in part upon such terms and conditions as he deems reasonable and just.”
United States v. $38,000.00 in United States Currency, David English & Michael William English, Claimants-Appellants, 816 F.2d 1538 (11th Cir. 1987). “§ 1607 ; see 19 C.F.R. § 162.31 . These provisions raise the question, which we do not decide, whether it is permissible for the government to bring a § 881 judicial forfeiture action prior to filing notice pursuant to 21 C.”
Pollgreen v. Morris, 496 F. Supp. 1042 (S.D. Fla. 1980). · cites it 2× “§ 1581 (e), the administrative provisions for notice and hearing contained in 19 C.F.R. § 162.31 , et seq. were applicable.”
United States v. Eight (8) Rhodesian Stone Statues, 449 F. Supp. 193 (C.D. Cal. 1978). · cites it 2× “…the effect of its various delays. The statutes are found at 19 U.S.C. §§ 1602-1624 and the regulations are found at 19 C.F.R. § 162.31 and 19 C.F.R. §§ 171.11 -.13. Under 19 U.S.C. § 1602 , the seizing officer is required “immediately” to report the seizure to the…”
United States v. Priority Prods., Inc., & Walter L. & Rosalie E. Huss, 793 F.2d 296 (Fed. Cir. 1986). “See 19 C.F.R. § 162.31 (a) (1985) (emphasis added).”
United States v. Forty-Five Thousand Nine Hundred Forty Dollars ($45,940) in United States Currency (Terry C. McKay Claimant), 739 F.2d 792 (2d Cir. 1984). “See 19 C.F.R. § 162.31 (a) (1982). The regulations require a claimant to file the petition within 60 days.”
People v. ONE 1998 GMC, 960 N.E.2d 1071 (Ill. 2011). “19 C.F.R. § 162.31 (a) (1982). Another federal provision also gave the Secretary discretion to "remit any forfeiture or penalty * * * in whole or in part upon such terms and conditions as he deems reasonable and just.”
Cbb Grp., Inc. v. United States, 783 F. Supp. 2d 1248 (Ct. Intl. Trade 2011). · cites it 2× “See 19 C.F.R. § 162.31 (b)(3)(ii) (2010) (requiring seizure notices to include the "identity of each entry, if specific entries are involved”).”
Upshaw v. Us Customs Serv., Dept., Treas., 153 F. Supp. 2d 46 (D. Mass. 2001). · cites it 2× “According to 19 C.F.R. § 162.31 , notice “shall be given to each party that the facts of record indicate has an interest in the claim or seized property.”
State v. One Black 1989 Cadillac VIN 1G6DW51Y8KR722027, 522 N.W.2d 457 (N.D. 1994). “See 19 CFR § 162.31 (a) (1982). The regulations require a claimant to file the petition within 60 days.”
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