19 C.F.R. § 171.12
Petitions acted on at CBP Headquarters
Upon receipt of a petition for relief filed pursuant to the provisions of section 618 of the Tariff Act of 1930, as amended (19 U.S.C. 1618), or section 5321(c) of title 31, United States Code (31 U.S.C. 5321(c)), involving fines, penalties, and forfeitures which are outside of his or her delegated authority, the Fines, Penalties, and Forfeitures Officer will refer that petition to the Chief, Penalties Branch, Regulations and Rulings, Office of International Trade, CBP Headquarters, who is empowered to remit or mitigate on such terms and conditions as, under law and in view of the circumstances, he or she deems appropriate.
Notes of Decisions
Cited in 24
cases, 1974–2011 · leading case: United States v. Eight Thousand Eight Hundred & Fifty Dollars, 461 U.S. 555 (1983).
United States v. Eight Thousand Eight Hundred & Fifty Dollars, 461 U.S. 555 (1983). “19 CFR § 171.12 (b) (1982). If the claimant does not file a petition, or if the decision on a petition makes legal proceedings appear necessary, [2] the appropriate customs officer must prepare a full report of the *558 seizure for the United States Attorney.”
People v. One 1998 GMC, 2011 IL 110236 (Ill. 2011). “19 C.F.R. § 171.12 (b) (1982). If the claimant did not file a petition, or if the decision on the petition made legal proceedings appear unnecessary, Customs was required to prepare a full report of the seizure for the United States Attorney.”
United States v. Kirk Koo Chow, 17 Ct. Int'l Trade 1372 (Ct. Intl. Trade 1993). “78 (1990) and 19 C.F.R. § 171.12 (1990) for prepenalty and penalty responses.”
United States v. Stanley Works, 17 Ct. Int'l Trade 1378 (Ct. Intl. Trade 1993). “78 and 19 C.F.R. § 171.12 (1990). Customs maintains it has complied with its statutory obligations by (1) fully describing the merchandise and the details of entry, (2) specifying the law and regulations allegedly violated, (3) disclosing the material facts, (4) identifying the…”
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). “19 C.F.R. § 171.12 (b) (1982). If the claimant does not file a petition, or if the decision on a petition makes legal proceedings appear necessary, the appropriate Customs officer must prepare a full report of the seizure for the United States Attorney.”
People v. ONE 1998 GMC, 960 N.E.2d 1071 (Ill. 2011). “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.”
State v. One Black 1989 Cadillac VIN 1G6DW51Y8KR722027, 522 N.W.2d 457 (N.D. 1994). “19 CFR § 171.12 (b) (1982). If the claimant does not file a petition, or if the decision on a petition makes legal proceedings appear necessary, the appropriate customs officer must prepare a full report of the seizure for the United States Attorney.”
United States v. Eight (8) Rhodesian Stone Statues, 449 F. Supp. 193 (C.D. Cal. 1978). “See particularly 19 C.F.R. § 171.12 (a) _ . . 13 . “DEPARTMENT OF THE TREASURY U.”
United States v. One (1) Douglas A-26B Aircraft, 436 F. Supp. 1292 (S.D. Ga. 1977). “19 C.F.R. § 171.12 . 5 . In its petition for remission or mitigation (Exhibit E, Motion for Summary Judgment) Rebel Aviation stated that in making its administrative claim under 19 U.”
United States v. Oil Screw Gulf Princess II, 543 F. Supp. 1037 (D.S.C. 1982). “The United States, through the Department of Justice, has granted a petition for remission filed by CPCA as intervenor in the forfeiture action, see 19 C.F.R. § 171.12 (b), recognizing CPCA’s valid preferred ship mortgage on the Gulf Princess II and protecting that interest from…”
United States v. Obron Atl. Corp., 18 Ct. Int'l Trade 771 (Ct. Intl. Trade 1994). “78 (a) (emphasis added); see also 19 C.F.R. § 171.12 (e) (1992). Both regulations, § 162.”
Shelden v. United States, 19 Cl. Ct. 247 (Ct. Cl. 1990). “19 C.F.R. § 171.12 (b) (1983), provided that “[p]etitions for relief shall be filed within 60 days from the date of mailing of the notice of fine, penalty, or forfeiture incurred____" 19 C.”
— 19 C.F.R. § 171.12(b) — 1 case
United States v. $13,607.00 Canadian Currency, 762 F.2d 1013 (6th Cir. 1985).
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