[Title 19 CFR 162.45]
[Code of Federal Regulations (annual edition) - April 1, 2002 Edition]
[Title 19 - CUSTOMS DUTIES]
[Chapter I - UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY]
[Part 162 - INSPECTION, SEARCH, AND SEIZURE]
[Subpart E - Treatment of Seized Merchandise]
[Sec. 162.45 - Summary forfeiture: Property other than Schedule I and Schedule II controlled substances. Notice of seizure and sale.]
[From the U.S. Government Printing Office]


19CUSTOMS DUTIES22002-04-012002-04-01false162.45Sec. 162.45CUSTOMS DUTIESUNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURYINSPECTION, SEARCH, AND SEIZURETreatment of Seized Merchandise
Sec. 162.45  Summary forfeiture: Property other than Schedule I and Schedule II controlled substances. Notice of seizure and sale.

    (a) Contents. The notice required by section 607, Tariff Act of 
1930, as amended (19 U.S.C. 1607), of seizure and intent to forfeit and 
sell or otherwise dispose of according to law property not exceeding 
$500,000 in value, or any seized merchandise the importation of which is 
prohibited, or any seized vessel, vehicle or aircraft that was used to 
import, export, transport, or store any controlled substance, or such 
seized merchandise is any monetary instrument within the meaning of 31 
U.S.C. 5312(a)(3), shall:
    (1) Describe the property seized and in the case of motor vehicles, 
specify the motor and serial numbers;
    (2) State the time, cause, and place of seizure;
    (3) State that any person desiring to claim property must appear at 
a designated place and file with the Fines, Penalties, and Forfeitures 
Officer within 20 days from the date of first publication of the notice 
a claim to such property and a bond in the sum of $5,000 or 10% of the 
value of the claimed property, whichever is lower, but not less than 
$250, in default of which the property will be disposed of in accordance 
with the law; and
    (4) State the name and place of residence of the person to whom any 
vessel or merchandise seized for forfeiture under the navigation laws 
belongs or is consigned, if that information is known to the Fines, 
Penalties, and Forfeitures Officer.
    (b) Publication. (1) If the appraised value of any property in one 
seizure from one person, other than Schedule I and Schedule II 
controlled substances (as defined in 21 U.S.C. 802(6) and 812), exceeds 
$2,500, the notice will be published for at least three successive weeks 
in a newspaper circulated at the Customs port and in the judicial 
district where the property was seized. All known parties-in-interest 
shall be notified of the newspaper and expected dates of publication of 
such notice.
    (2) In all other cases, except for Schedule I and Schedule II 
controlled substances (see Sec. 162.45a), the notice will be published 
by posting it in the customhouse nearest the place of seizure. It will 
be posted in a conspicuous place that is accessible to the public, with 
the date of posting noted thereon, and will be kept posted for at least 
three successive weeks. Articles of small value of the same class or 
kind included in two or more seizures will be advertised as one unit.
    (c) Delay of publication. Publication of the notice of seizure and 
intent to summarily forfeit and dispose of property eligible for such 
treatment may be delayed for a period not to exceed 30 days in those 
cases where the Fines, Penalties, and Forfeitures Officer has reason to 
believe that a petition for administrative relief in accord with part 
171 of this chapter will be filed.

[T.D. 72-211, 37 FR 16488, Aug. 15, 1972, as amended by T.D. 83-72, 48 
FR 11423, Mar. 18, 1983; T.D. 85-123, 50 FR 29956, July 23, 1985; T.D. 
85-195, 50 FR 50290, Dec. 10, 1985; T.D. 91-52, 56 FR 25364, June 4, 
1991; T.D. 99-27, 64 FR 13676, Mar. 22, 1999; T.D. 00-37, 65 FR 33254, 
May 23, 2000]