[Federal Register Volume 65, Number 172 (Tuesday, September 5, 2000)]
[Notices]
[Pages 53804-53805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22347]


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DEPARTMENT OF THE TREASURY

Customs Service

[T.D. 00-58]


Delegations of Authority To Decide Petitions for Relief

AGENCY: Customs Service, Treasury.

ACTION: General notice.

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SUMMARY: This notice advises the public of the delegations of authority 
to decide petitions and supplemental petitions submitted pursuant to 
Parts 171 or 172 of the Customs Regulations granted to Fines, 
Penalties, and Forfeitures Officers; Headquarters officials in field 
locations; the Chief, Penalties Branch, Office of Regulations and 
Rulings, Customs Headquarters; the Director, International Trade 
Compliance Division, Customs Headquarters; and the Assistant 
Commissioner, Office of Regulations and Rulings, Customs Headquarters, 
with regard to petitions and supplemental petitions for relief 
submitted concerning claims for liquidated damages, seizures and 
penalties incurred under laws administered by Customs. The document 
also identifies those cases where the Secretary of the Treasury has 
retained all administrative authority to decide petitions and 
supplemental petitions for relief.

EFFECTIVE DATE: October 5, 2000.

FOR FURTHER INFORMATION CONTACT: Jeremy Baskin, Penalties Branch, 
Office of Regulations and Rulings (202) 927-2344.

SUPPLEMENTARY INFORMATION: Notwithstanding any other delegations of 
authority that have been previously published, the following are 
delegations of authority granted to the enumerated Customs officers to 
decide petitions and supplemental petitions for relief under authority 
granted to the Secretary of the Treasury by sections 618 and 623 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1618 and 1623), and section 
320 of title 46, United States Code App. (46 U.S.C. App. 320), and 
section 5321 of title 31, United States Code (31 U.S.C. 5321).

I. Original Petitions for Relief

    A. Fines, Penalties, and Forfeitures Officers. Fines, Penalties, 
and Forfeitures Officers are hereby delegated authority to decide 
original petitions as follows:
    (1) Liquidated damages. All claims for liquidated damages arising 
from breach of the basic importation bond for failing to file or late 
filing of entry summaries or failing to pay or late payment of 
estimated duties. Any other claim for liquidated damages for breach of 
any Customs bond when the amount of the claim does not exceed $200,000.
    (2) 19 U.S.C. 1592, 19 U.S.C. 1593a. Any fines, penalties, or 
forfeitures incurred under the provisions of section 592 of the Tariff 
Act of 1930, as amended (19 U.S.C. 1592), or section 593A of the Tariff 
Act of 1930, as amended (19 U.S.C. 1593a), when the total amount of 
those fines, penalties, or forfeitures does not exceed $50,000.
    (3) 19 U.S.C. 1436, 1453, 1595a(b) and 1641. All fines, penalties, 
or forfeitures incurred under the provisions of sections 436, 453 or 
641 of the Tariff Act of 1930, as amended (19 U.S.C. 1436, 19 U.S.C. 
1453 and 19 U.S.C. 1641, respectively) and any penalties incurred under 
the provisions of section 596 of the Tariff Act of 1930, as amended (19 
U.S.C. 1595a(b)) for delivering merchandise from the place of unlading 
without Customs authorization or without appropriate examination in 
violation of the provisions of section 448 or 499 of the Tariff Act of 
1930, as amended (19 U.S.C. 1448 or 19 U.S.C. 1499, respectively) when 
the amount of the claim does not exceed $200,000.
    (4) Other laws administered by Customs. Except as noted in 
subparagraphs (A)(1), (A)(2) or (A)(3), and except where the Secretary 
of the Treasury retains jurisdiction: any fines, penalties, or 
forfeitures or claims for liquidated damages incurred under any other 
law administered by Customs when the total amount of the fines, 
penalties, and forfeitures incurred with respect to any one offense 
does not exceed $100,000.
    B. Chief, Penalties Branch, Office of Regulations and Rulings. The 
Chief, Penalties Branch, Office of Regulations and Rulings, Customs 
Headquarters, is delegated authority to decide all petitions for relief 
submitted with regard to cases which are neither enumerated as 
remaining under the original jurisdiction of the Secretary of the 
Treasury nor have been delegated to the Fines, Penalties, and 
Forfeitures Officers.
    C. Assistant Commissioner, Office of Regulations and Rulings. 
Notwithstanding any other delegation of authority, the Assistant 
Commissioner, Office of Regulations and Rulings, Customs Headquarters, 
or his delegate, has authority to remit or mitigate any penalties 
assessed against super carriers for failure to manifest narcotic drugs 
pursuant to 19 U.S.C. 1584(a)(2).
    D. Secretary of the Treasury. The Secretary of the Treasury, or his 
delegate retains jurisdiction over original petitions for relief filed 
with regard to the following cases:
    (1) Certain civil monetary penalties. All jurisdiction over the 
remission or mitigation of monetary penalties imposed for violation of 
the provisions of 31 U.S.C. 5321.
    (2) Certain monetary instrument seizures. Seizures, subject to 
forfeiture under the provisions of title 31, United States Code, 
section 5317, of monetary instruments for violation of the provisions 
of title 31, United States Code, section 5316, when the value of the 
monetary instruments exceeds $500,000.
    (3) Export control. Seizures of merchandise subject to forfeiture 
under the provisions of title 22, United States Code, section 401, when 
the value of the merchandise exceeds $500,000.
    (4) Failure to declare merchandise. All fines, penalties, and 
forfeitures arising from failure to declare merchandise in violation of 
the provisions of title 19, United States Code, section 1497, when 
total liability exceeds $250,000.

[[Page 53805]]

    (5) Conveyance seizures. Seizures of conveyances for violations 
other than those involving importation or transportation of controlled 
substances when the value of the conveyance exceeds $500,000.
    (6) Property seized under 18 U.S.C. 981 relating to violations of 
18 U.S.C. 1956 or 1957. Seizures of property under 18 U.S.C. 981 
relating to violations of 18 U.S.C. 1956 or 1957 when the value of that 
property exceeds $500,000.

II. Supplemental Petitions for Relief

    A. Decisions of Fines, Penalties, and Forfeitures Officers. 
Supplemental petitions filed on cases where the original decision was 
made by the Fines, Penalties, and Forfeitures Officer will be initially 
reviewed by that official. The Fines, Penalties, and Forfeitures 
Officer may choose to grant more relief and issue a decision indicating 
additional relief to the petitioner. If the petitioner is dissatisfied 
with the further relief granted or if the Fines, Penalties, and 
Forfeitures Officer decides to grant no further relief, the 
supplemental petition will be forwarded to a designated Headquarters 
official assigned to a field location for review and decision, except 
that supplemental petitions filed in cases involving violations of 19 
U.S.C. 1641 where the amount of the penalty assessed exceeds $10,000 
will be forwarded to the Chief, Penalties Branch, Office of Regulations 
and Rulings, Customs Headquarters.
    B. Decisions of the Chief, Penalties Branch, Office of Regulations 
and Rulings. Supplemental petitions filed on cases where the original 
decision was made by the Chief, Penalties Branch, Office of Regulations 
and Rulings, Customs Headquarters, and the Chief, Penalties Branch, 
believes that no further relief is warranted will be forwarded to the 
Director, International Trade Compliance Division, Customs 
Headquarters, for review and decision.
    C. Decisions of the Assistant Commissioner, Office of Regulations 
and Rulings. Supplemental petitions filed on cases where the original 
decision was made by the Assistant Commissioner, Office of Regulations 
and Rulings, Customs Headquarters, or his delegate, will be retained by 
the Assistant Commissioner, Office of Regulations and Rulings, for 
review and decision, and will not be delegated.
    D. Decisions of Treasury Department. Supplemental petitions filed 
on cases where the original decision was made in the Treasury 
Department will be forwarded to the Chief, Penalties Branch, Office of 
Regulations and Rulings, Customs Headquarters, where decisions on the 
supplemental petitions will be prepared for the Treasury Department for 
review and approval.

III. Authority of the Assistant Commissioner, Office of Regulations 
and Rulings

    All authority delegated to Headquarters personnel set forth in this 
document is also vested in the Assistant Commissioner, Office of 
Regulations and Rulings, Customs Headquarters.

Raymond W. Kelly,
Commissioner of Customs.
    Approved: July 25, 2000.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 00-22347 Filed 9-1-00; 8:45 am]
BILLING CODE 4820-02-P