19 C.F.R. § 162.32

Where petition for relief not filed

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(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.

[T.D. 85-195, 50 FR 50289, Dec. 10, 1985, as amended by T.D. 99-27, 64 FR 13676, Mar. 22, 1999]

Notes of Decisions

Cited in 5 cases, 1975–2005 · leading case: United States v. Ross, 574 F. Supp. 1067 (Ct. Intl. Trade 1983).

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United States v. Ross, 574 F. Supp. 1067 (Ct. Intl. Trade 1983). · cites it 4× “The plaintiff contends that notice was given under 19 C.F.R. § 162.32 (a) (1983), thus enabling the court to maintain jurisdiction.”

Boston v. Stephens, 395 F. Supp. 1000 (S.D. Ohio 1975). · cites it 3× “Defendants assert that “19 C.F.R. 162.32 provides in essence, that Customs must wait sixty days from the date of mailing of the notice of violation before referring the case to the U.”

Gete v. Immigr. & Naturalization Serv., 121 F.3d 1285 (9th Cir. 1997). “Even if the letter of 19 C.F.R. § 162.32 (b)(1) would be satisfied by the INS' attachment of the complete statute and regulations to its form letter, the agency's actions would not comport with the requirements of due process (or with the spirit of the regulations).”

Lincoln C. White, John B. Ford, Intervenor-Appellee v. Vernon D. Acree, Dir. of Customs, United States Dep't of Treasury, 594 F.2d 1385 (10th Cir. 1979). “19 C.F.R. § 162.32 (a) (1978). They also state, “No action shall be taken on any petition if the civil liability has been referred to the United States attorney for institution of legal proceedings.”

United States v. Optrex Am., Inc., 2005 CIT 160 (Ct. Intl. Trade 2005). “See 19 C.F.R. § 162.32 . The language of section 1592 evidences that the level of culpability forms the core around which the government must construct each penalty claim it wishes to bring: Each level of culpability generates a new separate claim.”

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