C.F.R. » Title 19 » CHAPTER I—U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY › PART 172—CLAIMS FOR LIQUIDATED DAMAGES; PENALTIES SECURED BY BONDS › Subpart A—Notice of Claim and Application for Relief

19 C.F.R. § 172.1

Notice of liquidated damages or penalty incurred and right to petition for relief

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(a) Notice of liquidated damages or penalty incurred. When there is a failure to meet the conditions of any bond posted with Customs or when a violation occurs which results in assessment of a penalty which is secured by a Customs bond, the principal will be notified in writing of any liability for liquidated damages or penalty incurred and a demand will be made for payment. The sureties on such bond will also be notified in writing of any such liability at the same time.

(b) Notice of right to petition for relief. The notice will inform the principal that application may be made for relief from payment of liquidated damages or penalty.

Notes of Decisions
Cited in 15 cases, 1983–2013 · leading case: The United States v. Commodities Exp. Co., & Old Repub. Ins. Co., 972 F.2d 1266 (Fed. Cir. 1992).
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The United States v. Commodities Exp. Co., & Old Repub. Ins. Co., 972 F.2d 1266 (Fed. Cir. 1992). · cites it 2× “19 C.F.R. § 172.1 (a). 1 If that party does not pay within 60 days of Customs’ mailing of notice, “the district director of Customs, after required collection action, shall refer the claim promptly to the United States attorney.”
The United States of Am. v. The Cocoa Berkau, Inc., & Washington Int'l Ins. Co., 990 F.2d 610 (Fed. Cir. 1993). · cites it 2× “See 19 C.F.R. § 172.1 (a) (1992) (“The sureties on such bond shall also be advised in writing, at the same time as the principal, of the liability for liquidated damages incurred by the principal.”
Washington Int'l Ins. v. United States, 16 Cl. Ct. 663 (Ct. Cl. 1989). · cites it 3× “) 19 C.F.R. § 172.1 , entitled “Notice of liquidated damages incurred and right to petition for relief,” mandates that (a) .”
United States v. Goodman, 572 F. Supp. 1284 (Ct. Intl. Trade 1983). “While Customs concededly issued a notice of liquidated damages for breach of the Immediate Delivery and Consumption Entry (term) Bond in conformance with 19 CFR § 172.1 (a), there is no showing that such demand was satisfied by defendant.”
United States v. Millenium Lumber Distrib. Co. Ltd., 2012 CIT 153 (Ct. Intl. Trade 2012). · cites it 6× “See 19 C.F.R. § 172.1 (a) 5 ; Com *1344 plaint ¶¶ 19-20, 30-31, 41-42; id.”
United States v. Atkinson, 575 F. Supp. 791 (Ct. Intl. Trade 1983). “' 19 C.F.R. §§ 172.1 -.2 The defense of failure to comply with regulations is considered an affirmative defense.”
United States v. Millenium Lumber Distrib. Co. Ltd., 2013 CIT 1 (Ct. Intl. Trade 2013). · cites it 3× “See 19 C.F.R. § 172.1 (a); 6 PL’s Statement of Facts ¶¶ 12-13; XL’s Response to Statement of Facts ¶¶ 12-13.”
United States v. Angelakos, 688 F. Supp. 636 (Ct. Intl. Trade 1988). “It argues that the right of action did not accrue until it sent notices of liquidated damages in accordance with 19 C.F.R. § 172.1 (a) (1987), because such notice is a predicate to the right to bring suit.”
United States v. Toshoku Am., Inc., 670 F. Supp. 1006 (Ct. Intl. Trade 1987). “This followed with a lengthy administrative review of Toshoku’s petition for relief {see 19 C.F.R. § 172.1 et seq., and 21 C.F.R. § 1.”
United States v. Toshoku Am., Inc., 879 F.2d 815 (Fed. Cir. 1989). “113 (g), and upon the importer’s surety under the bond, 19 C.F.R. § 172.1 (a). Likewise, it is clear that paragraph 7 of the bond protects the government’s interest under section 381(b).”
Anderson v. United States, 611 F. Supp. 975 (Ct. Intl. Trade 1985). “Liquidated damages are assessed "[w]hen there is a failure to meet the conditions of any bond posted with Customs____” 19 C.F.R. § 172.1 (a) (1984). 2 . The terms of the bond required Seamark to perform all acts required by law to enter the merchandise.”
United States v. Commodities Exp. Co., 755 F. Supp. 418 (Ct. Intl. Trade 1991). · cites it 2× “19 C.F.R. § 172.1 (a) (1983) states that, upon breach of “any bond posted with Customs, the principal shall be notified in writing of any liability for liquidated damages incurred by him and a demand shall be made for payment.”
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— 19 C.F.R. § 172.1(a) — 1 case
The United States v. Commodities Exp. Co., & Old Repub. Ins. Co., 972 F.2d 1266 (Fed. Cir. 1992). “19 C.F.R. § 172.1 (a). 1 If that party does not pay within 60 days of Customs’ mailing of notice, “the district director of Customs, after required collection action, shall refer the claim promptly to the United States attorney.”
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