Limitations on consideration of petitions. The deciding Customs officer may, in his or her discretion, require proof of representation before consideration of any petition. The Fines, Penalties, and Forfeitures Officer retains the authority to refuse to forward any request that fails to raise a qualifying issue and to seek legal advice from the appropriate Associate or Assistant Chief Counsel in any case. No penalty liability would be incurred specifically under section 1641(b)(5). The rate of duty to be used in calculating the mitigated penalty shall be the appropriate rate from Chapters 197, HTSUS, and not the flat rate from Chapter 98, HTSUS. Moreover, the pre-penalty notice will include a statement that it is Customs practice to base its actions on the earliest point in time that the statute of limitations may be asserted (i.e., the date of occurrence of the alleged violation) inasmuch as the final resolution of a case in court may be less than a finding of fraud. FAR). Generally, a penalty in a fixed amount ranging from $1,000 to $2,000 is appropriate in cases where there are no prior violations of the same kind. $10,000 penalty for failure to maintain satisfactory accounting records will only be subject to mitigation in full if the broker can prove that satisfactory accounting records and documents records are being kept. No penalty action under section 592 will be initiated against an arriving traveler if the violation is not fraudulent or commercial, the loss of duty is $100.00 or less, and there are no other concurrent or prior violations of section 592 or other statutes prohibiting false or fraudulent importation practices. At the time of seizure of property defined in 171.51, written notice must be provided to the possessor of the property regarding applicable statutes and Federal regulations including the procedures established for the filing of a petition for expedited procedures as set forth in section 6079 of the Anti-Drug Abuse Act of 1988 and implementing regulations. This period may be further extended by the court for additional 60 calendar-day periods, as necessary, if the court determines, based on a written certification of the Assistant Commissioner, Investigations, or designee, that the conditions set forth in paragraph (d) of this section are present. 1641(b)(6)). A penalty of $30,000 may be imposed against the broker for such counseling. Notice of Seizure Do NOT Miss which Deadline! 5. Mitigating Factors. Administrative forfeiture begins when the seizing agency sends a notice of seizure to interested (b) Repetitive Violations Outside 3-Year Period. These guidelines provide a framework and procedure by which violations of 19 U.S.C. After all, importers should be able to freely move their goods across borders, subject of course to all of the formalities that attend such transactions. 545unlawful importation of merchandise. If you have comments or suggestions on how to improve the www.ecfr.gov website or have questions about using www.ecfr.gov, please choose the 'Website Feedback' button below. This factor will not be considered in alleged fraudulent violations of section 592. This factor is not applicable when a substantial delay in the investigation is attributable to the alleged violator. U.S. Customs and Border Protection Exp. 02/28/2020 For violations which are first offense, and involve articles entitled to the benefit of GSP or Chapter 98, HTSUS, the liabilities shall be remitted upon payment of One Times the Duty which would have been due if the articles had not been entitled to the benefit. 9927, 64 FR 13676, Mar. The person asserting lack of knowledge of the commencement of a formal investigation has the burden of proof in establishing such lack of knowledge. If the license would not have been issued but for the false statement, the proper sanction would be suspension or revocation of the license. c. Non-commercial importation for which compensation is received by the violator. View the CBP Monthly Reports. This does not affect petitions for restoration of proceeds of sale filed pursuant to the provisions of section 613 of the Tariff Act of 1930, as amended (19 U.S.C. The final penalty disposition will be in an amount ranging from a minimum of 50 percent of the actual or potential loss of revenue to a maximum of 100 percent of the actual or potential loss of revenue. Prior good record is a factor only if the alleged violator is able to demonstrate a consistent pattern of filing drawback claims without violation of section 593A, or any other statute prohibiting the making or filing of a false statement or document in connection with a drawback claim. b. If he seeks approval of the Secretary within 30 days after discovery of the existence of the conviction, no penalty will be assessed. $1,000 penalties shall not be mitigated unless the broker can show that extraordinary mitigating factors are present. formatting. 1593a, or 19 U.S.C. Subpart F also issued under 19 U.S.C. NOTICE OF SEIZURE AND INTENT TO FORFEIT (NON-CAFRA) U.S. DEPARTMENT OF This document is available in the following developer friendly formats: Information and documentation can be found in our The list is not exclusive. Both the envelope and the request must be clearly marked PETITION FOR EXPEDITED PROCEDURES. The petition shall be addressed to the U.S. Customs Service and filed in triplicate with the Fines, Penalties, and Forfeitures Officer for the port where the property was seized, or for commercial fishing industry vessels, with the Fines, Penalties, and Forfeitures Officer for the port to which the vessel was required to report. 18 U.S.C. T.D. 83145, 48 FR 30100, June 30, 1983, as amended by T.D. Subsequent offensesno mitigation unless extraordinary mitigating factors are present. (1) Negligence. At the conclusion of any proceeding under section 618, Customs will provide to the person concerned a written statement which sets forth the final determination and the findings of fact and conclusions of law on which such determination is based. Failure to exercise reasonable care in connection with the importation of merchandise may result in imposition of a section 592 penalty for fraud, gross negligence or negligence. 1613), must show the interest of the petitioner in the property. Failure to settle (including petitioning) liquidated damages claims in a timely manner. Barring such revocation or suspension action, he may again be penalized to the maximum the statute will allow. 0057, 65 FR 53576, Sept. 5, 2000, unless otherwise noted. 49 CFR 172.101 In compliance with the mandate of the Small Business Regulatory Enforcement Fairness Act of 1996, under appropriate circumstances, the issuance of a penalty under section 592 may be waived for businesses qualifying as small business entities. (a) Decisions of Fines, Penalties, and Forfeitures Officers. 2778illegal exportation of munitions. An amount ranging from a minimum of 1.5 times the loss of duty to a maximum of 2.5 times the loss of duty provided the loss of duty is also paid; (d) Gross NegligenceNon-duty Loss Violation. It is intended that these guidelines will be applied by Customs officers in prepenalty proceedings, in determining the monetary penalty assessed in the penalty notice, and in arriving at a final penalty disposition. U.S. Notices of Detention will be sent to the importer of record and the Customs broker handling the transaction. C. MitigationInasmuch as evidence of intent must be shown before a penalty can be imposed, no mitigation should be permitted if a violation is found to lie. a. Violator falsely holds himself out as being a licensed Customs broker. 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. A. The following penalty amounts shall be assessed against brokers who fail to exercise responsible supervision and control over business conducted at district level. a. Fixed sum penalty amounts are not subject to further mitigation and may not exceed the maximum amounts stated in section 592 and in these guidelines. The form must provide a description of the property involved (if a seizure); the date and place of the violation or seizure; the facts and circumstance relied upon by the petitioner Subpart ERestoration of Proceeds of Sale. This paragraph does not authorize seizure when seizure or forfeiture is restricted by law or regulation (see, for example, 162.75), nor does it authorize a remedy other than seizure when seizure or forfeiture is required by law or regulation. Electronic signatures are acceptable. Enhanced content is provided to the user to provide additional context. Upon receipt of a petition for relief submitted pursuant to the provisions of section 618 of the Tariff Act of 1930, as amended (19 U.S.C. Customs seizures and forfeitures Mark K. Neville, Jr. Seizure and forfeiture of imported goods is a little known corner of the customs enforcement campus and that is to be reckoned a good thing. They are intended to supplement existing law and procedures relative to the forfeiture of property under the identified statutory authority. 2, 2012]. (2) Penalties. A high rate of entry rejections when compared with other brokers in the permitted district. b. All cases are different. 18 U.S.C. The presence of one or more aggravating factors may not be used to raise the level of culpability attributable to the alleged violations, but may be utilized to offset the presence of mitigating factors. You can apply for a review of seizure if you believe that there was no legal basis for the seizure or there are mitigating reasons why the goods should be Customs will send written notice of seizure as provided in this section to all known interested parties as soon as practicable. This includes failure to pay over to a client, or file a written statement to a client accounting for, funds received. Commercial fishing industry vessel means a vessel that: (i) Commercially engages in the catching, taking, or harvesting of fish or an activity that can reasonably be expected to result in the catching, taking, or harvesting of fish; (ii) Commercially prepares fish or fish products other than by gutting, decapitating, gilling, skinning, shucking, icing, freezing, or brine chilling; or. Evidence to indicate that timely duty refunds to clients are not made or accounted for and adequate records of same are not kept (usually will result in penalty assessed in accordance with section B.5. (b) Upon the seizure of articles or matter prohibited entry by section 305, Tariff Act of 1930 (with the exception of the matter described in paragraph (a) of this section), a notice of the seizure This seizure clearly shows how critical their role is in preventing diseases from entering the United States. CBP recommends that people who wish to import plant materials, animal materials and other agricultural items consult the CBP Information Center section on the CBP website or call (877) 227-5511. The Internal Revenue Service will Therefore, multiples will also be applied to internal revenue taxes which would have been due. Except as set forth below, proposed and assessed penalties for violations by an arriving traveler must be determined in accordance with these guidelines. In general, the degree of culpability or proposed penalty amount stated in a pre-penalty notice will not be increased in the penalty notice. [T.D. Seizures and Forfeitures 4. Seizure Identification No. If a penalty is assessed or a seizure is made and less than 180 days remain before the statute of limitations may be asserted as a defense, the Fines, Penalties, and Forfeitures Officer may specify in the seizure or penalty notice a reasonable period of time, but not less than 7 working days, for the filing of a petition for relief. (c) Statute of Limitations Considerations. 2. switch to eCFR drafting site. A violation is determined to be negligent if it results from an act or acts (of commission or omission) done with actual knowledge of, or wanton disregard for, the relevant facts and with indifference to, or disregard for, the offender's obligations under the statute or done through the failure to exercise the degree of reasonable care and competence expected from a person in the same circumstances in ascertaining the facts or in drawing inferences from those facts, in ascertaining the offender's obligations under the statute, or in communicating information so that it may be understood by the recipient. (C) Degrees of Culpability Under Section 592. Customs seizures 3. A petition for expedited procedures must be filed in a timely manner to be considered by Customs. 2. A knowledge of the cash flow procedures in each district of operation; c. Retention of copies of all surety bonds in proper form and in sufficient dollar amount; d. Knowledge of filing systems and document record storage in each district; e. Continuous monitoring to ensure timely payment of all obligations including duties, taxes and refunds. In addition, all parties, including the importer, must use reasonable care to provide accurate information or documentation to enable Customs to determine if the merchandise may be released. Nevertheless, if Customs has drawn the party's attention to the unintentional repetition by an electronic system of an initial clerical error, subsequent failure to correct the error could constitute a violation of section 592. Petitions for relief from seizures must be Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. 2. Continuously makes the same errors on a particular type of entry; b. Customs can require that the petition and any documents submitted in support of the petition be in English or be accompanied by an English translation. Learn more. Where only one of the penalties is assessed, the Customs field officer has the discretion to select which penalty (duty loss or non-duty loss) shall be assessed. The port director may adopt a seizure made by a person other than a Customs officer if such port director has reasonable cause to believe that the property is subject to forfeiture under the Customs laws. customs The filing of a supplemental petition may be subject to the conditions prescribed in 171.64 of this part. D. A $30,000 penalty for knowingly employing any convicted felon and continuing to employ same after approval has been denied (generally revocation or suspension of the license would be appropriate under this circumstance). (a) In General. This factor may be used in non-fraud cases (which also are not the subject of a criminal investigation) if it is determined that Customs had actual knowledge of a violation and failed, without justification, to inform the violator so that it could have taken earlier remedial action. A broker has 30 days to seek approval of the Secretary for such employment. It should be understood that any mitigated penalty is conditioned upon payment of any actual loss of duty as well as a release by the party that indicates that the mitigation decision constitutes full accord and satisfaction. If brokers are recalcitrant and are constantly responsible for offenses which result in seizure of merchandise, a penalty equal to the domestic value of such merchandise (in no case to exceed $30,000) should be imposed. Seized Shipping Packages (FedEx, UPS, USPS) - Asset It shall be presumed that temporary employment of such a licensed individual is undertaken solely to avoid revocation of a license or permit. guide. The petition for remission or mitigation need not be in any particular form. federal customs laws, which applied in Serranos case, when the government seizes property valued below $500,000, the seizure can be processed through administrative The offered amount should be deposited at the Customs field office responsible for handling the section 592 claim or potential section 592 claim. (c) Identity or interest of party not determined. The notice will: (i) State that the person has violated section 593A; (ii) Explain the nature of the violation; and. These responsibilities include, but are not limited to: providing a classification and value for the merchandise; furnishing information sufficient to permit Customs to determine the final classification and valuation of merchandise; taking measures that will lead to and assure the preparation of accurate documentation, and determining whether any applicable requirements of law with respect to these issues are met. 0057, 65 FR 53577, Sept. 5, 2000, unless otherwise noted. G. Use of a broker's importation bond to aid an importer who has had his immediate delivery privileges revoked. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. The penalty notice should also cite 19 CFR 111.19 as the regulation violated. Assessment of a monetary penalty is an alternative sanction to revocation or suspension of the broker's license or permit. 171.3 Oral presentations seeking relief. will bring you directly to the content. A section 592 non-duty loss violation involves cases where the record indicates that an alleged violation is principally attributable to, for example, evasion of a prohibition, restriction, or other non-duty related consideration involving the importation of the merchandise. (a) Where filed. Documentary or other evidence discovered establishes violator's intent; b. a. In compliance with the mandate of the Small Business Regulatory Enforcement Fairness Act of 1996, under appropriate circumstances, the issuance of a penalty under section 593A may be waived for businesses qualifying as small business entities. WASHINGTON U.S. Customs and Border Protection (CBP) released operational statistics today for May 2023, which show that more than half of the U.S. Border Patrols encounters in May occurred prior to the lifting of the CDCs Title 42 Public Health Order. Past successes do not guarantee future results. If the monies were paid and notifications made more than 30 days after any due date, the penalty may be mitigated upon payment of 50 percent of the assessed amount, but not less than $1,000. Important: Violation of this section results in the revocation of a permit by operation of law. CBP Seizures (Fines, Penalties and Forfeitures) (b) Issuance of Penalty Notice. F. MitigationNo mitigation will be afforded for any violation involving conducting Customs business without a license unless the violator can show an inability to pay such penalty. On and after the date of Customs receipt of the petition responding to the penalty notice, jurisdiction over the action rests with Customs Headquarters including the authority to cancel the claim. The offer, which may be tendered at any time subsequent to seizure and up until the completion of administrative forfeiture proceedings, must be in the form of cash, irrevocable letter of credit, certified funds such as a certified check, traveler's check(s), or money order made payable to U.S. Customs. View the CBP Monthly Reports. (1) Seizures. A $1,000 penalty for repeat violation involving: b. Non-commercial importation made on behalf of a business entity. Certain factors may be determined to be aggravating factors in calculating the amount of the proposed or assessed penalty claim or the amount of the final administrative penalty. The seizure notice shall contain the information required by 162.31 and shall state why the seizure was necessary. (7) Property. (1) Issuance of Prepenalty Notice. Intent to violate the law is not an element of this violation. It is intended that these guidelines shall be applied by Customs officers in pre-penalty proceedings and in determining the monetary penalty assessed in any penalty notice. For purposes of this Appendix, a formal investigation of a violation is considered to be commenced with regard to the disclosing party, and with regard to the disclosed information, on the date recorded in writing by Customs as the date on which facts and circumstances were discovered which caused Customs to believe that a possibility of a violation of section 593A existed. 171.54 Substitute res in an administrative forfeiture action. 5. I. To be filed in a timely manner, the petition must be received by Customs within 20 days from the date the notice of seizure was mailed, or in the case of a commercial fishing industry vessel for which a summons to appear is issued, 20 days from the original date when the vessel is required to report. 1. (b) Non-Duty Loss Violation. 2. III. (G) Drawback Compliance Program Participants. A working knowledge of all automated systems in use in the district; b. E. Penalties for failure to retain powers of attorney from clients to act in their names. (b) Response to Notice. However, if less than 9 months remain before expiration of the statute of limitations or any waiver thereof by the party named in the pre-penalty notice, the higher degree of culpability and higher penalty amount may be indicated in the notice of penalty without rescinding the earlier pre-penalty notice. "Published Edition". US Customs Notice of Seizure EXPLAINED | Know Your Rights! U.S. customs officers in Texas discovered several pounds of a white substance hiding in a commercial ice cream maker, authorities say and it wasnt salt or sugar. In determining the amount of the proposed claim in cases involving gross negligence and negligence, the appropriate Customs field officer will take into account the gravity of the offense, the amount of loss of duty, the extent of wrongdoing, mitigating or aggravating factors, and other factors bearing upon the seriousness of a violation, but in no case will the assessed penalty exceed the statutory ceilings prescribed in section 592.
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