U.S. Code » Title 19 » Chapter CHAPTER 4— TARIFF ACT OF 1930 › Subtitle SUBTITLE III— ADMINISTRATIVE PROVISIONS › Part Part V— Enforcement Provisions

19 U.S.C. § 1616a

Disposition of forfeited property

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(a) State proceedings

The Secretary of the Treasury may discontinue forfeiture proceedings under this chapter in favor of forfeiture under State law. If a complaint for forfeiture is filed under this chapter, the Attorney General may seek dismissal of the complaint in favor of forfeiture under State law.

(b) Transfer of seized property; noticeIf forfeiture proceedings are discontinued or dismissed under this section—(1) the United States may transfer the seized property to the appropriate State or local official; and(2) notice of the discontinuance or dismissal shall be provided to all known interested parties.(c) Retention or transfer of forfeited property(1) The Secretary of the Treasury may apply property forfeited under this chapter in accordance with subparagraph (A) or (B), or both:(A) Retain any of the property for official use.(B) Transfer any of the property to—(i) any other Federal agency;(ii) any State or local law enforcement agency that participated directly or indirectly in the seizure or forfeiture of the property; or(iii) the Civil Air Patrol.(2) The Secretary may transfer any forfeited personal property or the proceeds of the sale of any forfeited personal or real property to any foreign country which participated directly or indirectly in the seizure or forfeiture of the property, if such a transfer—(A) has been agreed to by the Secretary of State;(B) is authorized in an international agreement between the United States and the foreign country; and(C) is made to a country which, if applicable, has been certified under section 2291j(b) of title 22.(3) Aircraft may be transferred to the Civil Air Patrol under paragraph (1)(B)(iii) in support of air search and rescue and other emergency services and, pursuant to a memorandum of understanding entered into with a Federal agency, illegal drug traffic surveillance. Jet-powered aircraft may not be transferred to the Civil Air Patrol under the authority of paragraph (1)(B)(iii).(d) Liability of United States after transfer

The United States shall not be liable in any action relating to property transferred under this section if such action is based on an act or omission occurring after the transfer.

(June 17, 1930, ch. 497, title IV, § 616, as added Pub. L. 98–573, title II, § 213(a)(14), Oct. 30, 1984, 98 Stat. 2987; amended Pub. L. 99–570, title I, § 1863(a), Oct. 27, 1986, 100 Stat. 3207–54; Pub. L. 100–690, title VII, § 7366(a), Nov. 18, 1988, 102 Stat. 4478; Pub. L. 101–207, § 3(e), Dec. 7, 1989, 103 Stat. 1834; Pub. L. 103–447, title I, § 102(c), Nov. 2, 1994, 108 Stat. 4693.)Editorial NotesCodification

Another section 616 of act June 17, 1930, as added by Pub. L. 98–473, title II, § 318, Oct. 12, 1984, 98 Stat. 2055, was classified to section 1616 of this title and subsequently repealed.

Amendments

1994—Subsec. (c)(2)(C). Pub. L. 103–447 substituted “section 2291j(b) of title 22” for “section 2291(h) of title 22”.

1989—Subsec. (c)(1)(B). Pub. L. 101–207, § 3(e)(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “Transfer any of the property to any—

“(i) other Federal agency; or

“(ii) State or local law enforcement agency that participated directly or indirectly in the seizure or forfeiture of the property.”

Subsec. (c)(3). Pub. L. 101–207, § 3(e)(2), added par. (3).

1988—Subsec. (c). Pub. L. 100–690 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Secretary of the Treasury may transfer any property forfeited under this chapter to any other Federal agency or to any State or local law enforcement agency which participated directly in the seizure or forfeiture of the property.”

1986—Subsec. (c). Pub. L. 99–570 inserted “any other Federal agency or to” after “property forfeited under this chapter to”.

Statutory Notes and Related SubsidiariesEffective Date of 1988 Amendment

Pub. L. 100–690, title VII, § 7366(b), Nov. 18, 1988, 102 Stat. 4479, provided that: “The amendment made by subsection (a) [amending this section] applies with respect to property forfeited under the Tariff Act of 1930 [this chapter] on or after the date of the enactment of this Act [Nov. 18, 1988].”

Effective Date

Section effective Oct. 15, 1984, see section 214(e) of Pub. L. 98–573, set out as an Effective Date of 1984 Amendment note under section 1304 of this title.

Notes of Decisions
Cited in 16 cases, 1988–2018 · leading case: Morgenthau v. Avion Resources Ltd., 49 A.D.3d 50 (N.Y. App. Div. 2007).
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Morgenthau v. Avion Resources Ltd., 49 A.D.3d 50 (N.Y. App. Div. 2007). · cites it 6× “Plaintiffs citation of 19 USC § 1616a (b) (1)—which, in any event, he has not specifically argued to have been applicable— does not assist him; indeed, it only highlights the lack of authorization for the transfer in question.”
United States v. $186,416.00 in U.S. Currency, 590 F.3d 942 (9th Cir. 2010). “” 19 U.S.C. § 1616a(c)(l)(B)(ii). with the following sentence: Under federal forfeiture statutes, the Attorney General is permitted to transfer forfeited property to “any State or local law enforcement agency which participated directly in the seizure or forfeiture of the…”
State v. Woods, 554 S.E.2d 383 (N.C. Ct. App. 2001). · cites it 2× “§ 881 (e)(1)(A) and 19 U.S.C.A. § 1616a(c)" when the local law enforcement seized forfeited property pursuant to N.”
United States v. Alston, 717 F. Supp. 378 (M.D.N.C. 1989). · cites it 2× “1988), 19 U.S.C.A. § 1616a(c) (West Supp.1988). The DEA concurred with this request.”
Kemira Fibres Oy v. United States, 18 Ct. Int'l Trade 687 (Ct. Intl. Trade 1994). · cites it 2× “Section 516A of the Tariff Act of 1930, as amended, 19 U.S.C. § 1616a provides, in part, as follows: § 1516a.”
F.lli De Cecco di Filippo Fara San Martino S.P.A. v. United States, 21 Ct. Int'l Trade 1124 (Ct. Intl. Trade 1997). “16a(b)(2)(A) of Title 19 states (2) Record for review i) a copy of all information presented to or obtained by the Secretary, the administering authority, or the Commission during the course of the administrative proceeding, mcludingall governmental memoranda pertaining to the…”
Capella Sales & Servs. Ltd. v. United States, Aluminum Extrusions Fair Trade Comm., 878 F.3d 1329 (Fed. Cir. 2018). “212 (c), which requires Commerce to apply the CVD rate in effect at the time of entry, is unreasonable in this case because of the large disparity between the 374.15% all-others rate determinéd by Commerce and the 7.”
United States v. Winston-Salem/Forsyth Cnty. Bd. of Educ., 902 F.2d 267 (4th Cir. 1990). · cites it 6× “Finally, the district court held that 19 U.S.C.A. § 1616a(c) only requires a direct participation between federal and local law enforcement agencies either in the seizure or in the forfeiture of property before the local agency may request DEA to adopt a seizure.”
United States v. $186,416.00 in U.S. Currency, 583 F.3d 1220 (9th Cir. 2009). “Under federal forfeiture statutes, the Secretary of the Treasury is permitted to transfer forfeited property to “any State or local law enforcement agency that participated directly or indirectly in the seizure or forfeiture of the property.”
Nippon Steel Corp. v. U.S. Int'l Trade Comm'n, 2001 CIT 153 (Ct. Intl. Trade 2001). “(c) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced under [19 U.S.C. § 1616a]. 28 U.S.C. § 1681 (c) (1994).”
Equitable Transfers of Forfeited Monies or Prop. (OLC 1994). · cites it 2× “C ’ § 881 and 19 U.S.C. § 1616a, the Attorney General has the authority to share forfeited monies or tangi­ ble property with any state or local law enforcem ent agency which participated directly in the investigative or prosecutorial efforts leading to the seizure and for­…”
Qingdao Taifa Grp. Co. v. United States, 2008 CIT 118 (Ct. Intl. Trade 2008). “2 19 U.S.C. § 1616a(c)(2) states: In the case of a determination described in paragraph (2) of subsection (a) of this section by the Secretary, the administering authority, or the Commission [i.”
Show all 16 citing cases →
— 19 U.S.C. § 1616a(a)(2)(B)(iii) — 1 case
Shandong Huarong Gen. Grp. Corp. v. United States, 2005 CIT 129 (Ct. Intl. Trade 2005).
— 19 U.S.C. § 1616a(b)(2)(A)(i) — 1 case
F.lli De Cecco di Filippo Fara San Martino S.P.A. v. United States, 21 Ct. Int'l Trade 1124 (Ct. Intl. Trade 1997). “16a(b)(2)(A) of Title 19 states (2) Record for review i) a copy of all information presented to or obtained by the Secretary, the administering authority, or the Commission during the course of the administrative proceeding, mcludingall governmental memoranda pertaining to the…”
— 19 U.S.C. § 1616a(c) — 4 cases
State v. Woods, 554 S.E.2d 383 (N.C. Ct. App. 2001). “§ 881 (e)(1)(A) and 19 U.S.C.A. § 1616a(c)" when the local law enforcement seized forfeited property pursuant to N.”
United States v. Alston, 717 F. Supp. 378 (M.D.N.C. 1989). “1988), 19 U.S.C.A. § 1616a(c) (West Supp.1988). The DEA concurred with this request.”
United States v. Winston-Salem/Forsyth Cnty. Bd. of Educ., 902 F.2d 267 (4th Cir. 1990). “Finally, the district court held that 19 U.S.C.A. § 1616a(c) only requires a direct participation between federal and local law enforcement agencies either in the seizure or in the forfeiture of property before the local agency may request DEA to adopt a seizure.”
Auth. of the Customs Serv. to Seize or Forfeit Prop. Pursuant to 21 U.S.C. § 881 (OLC 1988).
— 19 U.S.C. § 1616a(c)(1)(B)(ii) — 1 case
United States v. 186,416.00 (9th Cir. 2009).
— 19 U.S.C. § 1616a(c)(2) — 1 case
Qingdao Taifa Grp. Co. v. United States, 2008 CIT 118 (Ct. Intl. Trade 2008). “2 19 U.S.C. § 1616a(c)(2) states: In the case of a determination described in paragraph (2) of subsection (a) of this section by the Secretary, the administering authority, or the Commission [i.”
— 19 U.S.C. § 1616a(c)(l) — 1 case
Capella Sales & Servs. Ltd. v. United States, Aluminum Extrusions Fair Trade Comm., 878 F.3d 1329 (Fed. Cir. 2018). “212 (c), which requires Commerce to apply the CVD rate in effect at the time of entry, is unreasonable in this case because of the large disparity between the 374.15% all-others rate determinéd by Commerce and the 7.”
— 19 U.S.C. § 1616a(c)(l)(B)(ii) — 3 cases
United States v. $186,416.00 in U.S. Currency, 590 F.3d 942 (9th Cir. 2010). “” 19 U.S.C. § 1616a(c)(l)(B)(ii). with the following sentence: Under federal forfeiture statutes, the Attorney General is permitted to transfer forfeited property to “any State or local law enforcement agency which participated directly in the seizure or forfeiture of the…”
United States v. Winston-Salem/Forsyth Cnty. Bd. of Educ., 902 F.2d 267 (4th Cir. 1990). “Finally, the district court held that 19 U.S.C.A. § 1616a(c) only requires a direct participation between federal and local law enforcement agencies either in the seizure or in the forfeiture of property before the local agency may request DEA to adopt a seizure.”
United States v. $186,416.00 in U.S. Currency, 583 F.3d 1220 (9th Cir. 2009). “Under federal forfeiture statutes, the Secretary of the Treasury is permitted to transfer forfeited property to “any State or local law enforcement agency that participated directly or indirectly in the seizure or forfeiture of the property.”
— 19 U.S.C. § 1616a(e)(l)(B)(ii) — 1 case
United States v. Winston-Salem/Forsyth Cnty. Bd. of Educ., 902 F.2d 267 (4th Cir. 1990). “Finally, the district court held that 19 U.S.C.A. § 1616a(c) only requires a direct participation between federal and local law enforcement agencies either in the seizure or in the forfeiture of property before the local agency may request DEA to adopt a seizure.”
— 19 U.S.C. § 1616a(g)(2)(B) — 1 case
NSK Bearings Eur. Ltd. v. United States, 2010 CIT 118 (Ct. Intl. Trade 2010).
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