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 C—Disposition of Petitions

19 C.F.R. § 172.21

Decisions effective for limited time

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A decision to mitigate a penalty or to cancel a claim for liquidated damages upon condition that a stated amount is paid will be effective for not more than 60 days from the date of notice to the petitioner of such decision unless the decision itself prescribes a different effective period. If payment of the stated amount is not made or a petition or a supplemental petition is not filed in accordance with regulation, the full penalty or claim for liquidated damages will be deemed applicable and will be enforced by promptly transmitting the matter, after required collection action, if appropriate, to the appropriate office of the Chief Counsel for preparation for referral to the Department of Justice unless other action has been directed by the Commissioner of Customs. Any such case may also be the basis for a sanction action commenced in accordance with regulations in this chapter.

Notes of Decisions
Cited in 3 cases, 1993–2012 · leading case: The United States of Am. v. The Cocoa Berkau, Inc., & Washington Int'l Ins. Co., 990 F.2d 610 (Fed. Cir. 1993).
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The United States of Am. v. The Cocoa Berkau, Inc., & Washington Int'l Ins. Co., 990 F.2d 610 (Fed. Cir. 1993). “See also 19 C.F.R. § 172.21 (1992) (“[Customs] may cancel any claim for liquidated damages .”
United States v. Millenium Lumber Distrib. Co. Ltd., 2012 CIT 153 (Ct. Intl. Trade 2012). “See 19 C.F.R. § 172.21 . However, to the extent that Millenium has continued to believe that it has grounds for mitigation and should not be required to pay the full amount of liquidated damages that was assessed, the company has been free to make its case to the Government at…”
United States v. Ford Motor Co., 516 F. Supp. 2d 770 (W.D. Tex. 2007). “See 19 C.F.R. § 172.21 (2007). 8 . A Certificate of Origin is the document which certifies that a good being exported from Mexico into the United States qualifies as an originating good under the NAFTA.”
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