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. § 172.2

Petition for relief

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(a) To whom addressed. Petitions for the cancellation of any claim for liquidated damages or remission or mitigation of a fine or penalty secured by a Customs bond incurred under any law or regulation administered by Customs must be addressed to the Fines, Penalties, and Forfeitures Officer designated in the notice of claim.

(b) Signature. The petition for remission or mitigation must be signed by the petitioner, his attorney-at-law or a Customs broker. If the petitioner is a corporation, the petition may be signed by an officer or responsible supervisory official of the corporation, or responsible employee representative of the corporation. Electronic signatures are acceptable. The deciding Customs officer may, in his or her discretion and with articulable cause, require proof of representation before consideration of any petition.

(c) Form. The petition for cancellation, remission or mitigation need not be in any particular form. Customs can require that the petition and any documents submitted in support of the petition be in English or be accompanied by an English translation. The petition must set forth the following:

(1) The date and place of the violation; and

(2) The facts and circumstances relied upon by the petitioner to justify cancellation, remission or mitigation.

(d) False statement in petition. A false statement contained in a petition may subject the petitioner to prosecution under the provisions of 18 U.S.C. 1001.

Notes of Decisions
Cited in 2 cases, 1991–1992 · 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). “” 19 C.F.R. § 172.2 (a) (1982). As a general principle, this court recognizes that "[u]nder federal law governing statutes of limitations, a cause of action accrues when all events necessary to state a claim have occurred.”
United States v. Commodities Exp. Co., 755 F. Supp. 418 (Ct. Intl. Trade 1991). · cites it 2× “Notice, Exhibit B to Plaintiffs Complaint; see also 19 C.F.R. § 172.2 (a). Thus, the statute of limitations did not begin to run until after the deadline expired, that is, on May 20, 1983.”
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