19 U.S.C. § 1617
Compromise of Government claims by Secretary of the Treasury
Upon a report by a customs officer, United States attorney, or any special attorney, having charge of any claim arising under the customs laws, showing the facts upon which such claim is based, the probabilities of a recovery and the terms upon which the same may be compromised, the Secretary of the Treasury is authorized to compromise such claim, if such action shall be recommended by the General Counsel for the Department of the Treasury.
Notes of Decisions
Cited in 19
cases (1 in the last 5 years), 1980–2022 · leading case: Kuehne & Nagel, Inc. v. United States, 17 Cl. Ct. 11 (Ct. Cl. 1989).
Kuehne & Nagel, Inc. v. United States, 17 Cl. Ct. 11 (Ct. Cl. 1989). “Attached to this petition was a check for $1,000, purportedly tendered as an offer in compromise of the claim under 19 U.S.C. § 1617 (Pltf's Ex. J). A claims examiner at the Newark Customs office deposited this check into a Department of Treasury Customs Service account on or…”
Sioux Honey Ass'n v. United States, 722 F. Supp. 2d 1342 (Ct. Intl. Trade 2010). “Plaintiffs state that “Customs’ authority under 19 U.S.C. § 1617 to compromise assessed [antidumping and countervailing] duties was transferred to Commerce in 1980.”
William E. Scarborough v. Off. of Pers. Mgmt., 723 F.2d 801 (11th Cir. 1984). “Just as the Tariff Act referred to “any claim,” 19 U.S.C. § 1617 , the CSRA authorizes the MSPB to award attorney fees in “any ease” in which the agency’s action was clearly without merit.”
Zenith Radio Corp. v. United States, 505 F. Supp. 216 (Ct. Intl. Trade 1980). “As a first cause of action, the complaint asserted that the settlement was *218 not authorized by 19 U.S.C. § 1617 and thus was ultra vires, illegal and void.”
Comm. to Preserve Am. Color Television v. United States, 551 F. Supp. 1142 (Ct. Intl. Trade 1982). “1 The Secretary was authorized to enter into these agreements by section 617 of the Tariff Act of 1930, 19 U.S.C. § 1617 (1976), which provides: Upon a report by a customs officer, United States attorney, or any special attorney, having charge of any claim arising under the…”
United States v. Sears, Roebuck & Co, 778 F.2d 810 (D.C. Cir. 1985). “For this position, the government relies on 19 U.S.C. § 1617 , which states: 2 Upon a report by a customs officer, United States attorney, or any special attorney, having charge of any claim arising under the customs laws, showing the facts upon which such claim is based, the…”
United States v. Martin, 460 F. Supp. 2d 669 (D. Maryland 2006). “§ 1618 ; (2) to file an offer in compromise under 19 U.S.C. § 1617 ; (3) to pay the full appraised value of the seized property in exchange for the property itself; (4) to do nothing, and let the Bureau of Customs & Border Protection (“Customs”) proceed with administra-five…”
Zenith Radio Corp. v. United States, 509 F. Supp. 1282 (Ct. Intl. Trade 1981). “5 Specifically, plaintiff contends that the settlement is not authorized by section 617 of the Tariff Act of 1930, as amended ( 19 U.S.C. § 1617 ) and is therefore ultra vires, illegal and void.”
United States v. Daewoo Int'l (Am.) Corp., 696 F. Supp. 1534 (Ct. Intl. Trade 1988). “19 U.S.C. § 1617 (1982) authorizes the Secretary of the Treasury to compromise claims under certain situations.”
Zenith Radio Corp. v. The United States, 823 F.2d 518 (Fed. Cir. 1987). “Zenith argued that (1) the agreements were not authorized by 19 U.S.C. § 1617 , which authorizes the Secretary to compromise “claim[s] arising under the customs laws,” and, therefore, were ultra vires, and (2) the government officials who recommended and entered into the agree…”
Comm. to Preserve Am. Color Television v. United States, 527 F. Supp. 341 (Ct. Intl. Trade 1981). “4 Specifically, plaintiffs contend that the settlement is not authorized by section 617 of the Tariff Act of 1930, as amended ( 19 U.S.C. § 1617 ) and is therefore ultra vires, illegal and void.”
United States v. Aegis Sec. Ins. Co., 2018 CIT 29 (Ct. Intl. Trade 2018). “On June 22, 2011, Tricots submitted its first offer in compromise pursuant to 19 U.S.C. § 1617 and tendered $85,199.98, representing twice the amount of the unpaid MPFs it claimed were due on the entries.”
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