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19 U.S.C. § 1609 — Seizure; summary forfeiture and sale
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** If no such claim is filed or bond given within the twenty days hereinbefore specified, the appropriate customs officer shall declare the vessel, vehicle, aircraft, merchandise, or baggage forfeited, and shall sell the same at public auction in the same manner as merchandise abandoned to the United States is sold or otherwise dispose of the same according to law, and shall deposit the proceeds of sale, after deducting the expenses described in [section 1613 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1613&num=0&edition=prelim), into the Customs Forfeiture Fund.
**(b) Effect** A declaration of forfeiture under this section shall have the same force and effect as a final decree and order of forfeiture in a judicial forfeiture proceeding in a district court of the United States. Title shall be deemed to vest in the United States free and clear of any liens or encumbrances (except for first preferred ship mortgages pursuant to subsection O of section 30 of the Ship Mortgage Act, 1920 (46 U.S.C. App. 961) or any corresponding revision, consolidation, and enactment of such subsection in title 46) from the date of the act for which the forfeiture was incurred. Officials of the various States, insular possessions, territories, and commonwealths of the United States shall, upon application of the appropriate customs officer accompanied by a certified copy of the declaration of forfeiture, remove any recorded liens or encumbrances which apply to such property and issue or reissue the necessary certificates of title, registration certificates, or similar documents to the United States or to any transferee of the United States.
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Stable record: federal_law:legal_authorities:record_usc_310676b7d36b38dfcd1de3ab
Source file: Laws/federal/codes/united-states-code/title-19/section-1609-seizure-summary-forfeiture-and-sale--616638be81.md
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Source location: Title 19, Chapter 4, § 1609; chapter-004-tariff-act-of-1930.md
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**(a) In general** If no such claim is filed or bond given within the twenty days hereinbefore specified, the appropriate customs officer shall declare the vessel, vehicle, aircraft, merchandise, or baggage forfeited, and shall sell the same at public auction in the same manner as merchandise abandoned to the United States is sold or otherwise dispose of the same according to law, and shall deposit the proceeds of sale, after deducting the expenses described in [section 1613 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1613&num=0&edition=prelim), into the Customs Forfeiture Fund.
**(b) Effect** A declaration of forfeiture under this section shall have the same force and effect as a final decree and order of forfeiture in a judicial forfeiture proceeding in a district court of the United States. Title shall be deemed to vest in the United States free and clear of any liens or encumbrances (except for first preferred ship mortgages pursuant to subsection O of section 30 of the Ship Mortgage Act, 1920 (46 U.S.C. App. 961) or any corresponding revision, consolidation, and enactment of such subsection in title 46) from the date of the act for which the forfeiture was incurred. Officials of the various States, insular possessions, territories, and commonwealths of the United States shall, upon application of the appropriate customs officer accompanied by a certified copy of the declaration of forfeiture, remove any recorded liens or encumbrances which apply to such property and issue or reissue the necessary certificates of title, registration certificates, or similar documents to the United States or to any transferee of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Marking of articles** Except as hereinafter provided, every article of foreign origin (or its container, as provided in subsection (b) hereof) imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit in such manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of the article. The Secretary of the Treasury may by regulations—
(1) Determine the character of words and phrases or abbreviations thereof which shall be acceptable as indicating the country of origin and prescribe any reasonable method of marking, whether by printing, stenciling, stamping, branding, labeling, or by any other reasonable method, and a conspicuous place on the article (or container) where the marking shall appear;
(2) Require the addition of any other words or symbols which may be appropriate to prevent deception or mistake as to the origin of the article or as to the origin of any other article with which such imported article is usually combined subsequent to importation but before delivery to an ultimate purchaser; and
(3) Authorize the exception of any article from the requirements of marking if—
(A) Such article is incapable of being marked;
(B) Such article cannot be marked prior to shipment to the United States without injury;
(C) Such article cannot be marked prior to shipment to the United States, except at an expense economically prohibitive of its importation;
(D) The marking of a container of such article will reasonably indicate the origin of such article;
(E) Such article is a crude substance;
(F) Such article is imported for use by the importer and not intended for sale in its imported or any o
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1304
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application for remission of forfeiture and restoration of proceeds of sale; disposition of proceeds when no application has been made** Except as provided in subsection (b) of this section, any person claiming any vessel, vehicle, aircraft, merchandise, or baggage, or any interest therein, which has been forfeited and sold under the provisions of this chapter, may at any time within three months after the date of sale apply to the Secretary of the Treasury if the forfeiture and sale was under the customs laws, or to the Commandant of the Coast Guard or the Commissioner of U.S. Customs and Border Protection, as the case may be, if the forfeiture and sale was under the navigation laws, for a remission of the forfeiture and restoration of the proceeds of such sale, or such part thereof as may be claimed by him. Upon the production of satisfactory proof that the applicant did not know of the seizure prior to the declaration or condemnation of forfeiture, and was in such circumstances as prevented him from knowing of the same, and that such forfeiture was incurred without any willful negligence or intention to defraud on the part of the applicant, the Secretary of the Treasury, the Commandant of the Coast Guard, or the Commissioner of U.S. Customs and Border Protection may order the proceeds of the sale, or any part thereof, restored to the applicant, after deducting the cost of seizure and of sale, the duties, if any, accruing on the merchandise or baggage, and any sum due on a lien for freight, charges, or contribution in general average that may have been filed. If no application for such remission or restoration is made within three months after such sale, or if the application be denied by the Secretary of the Treasury, the Commandant of the Coast Guard, or the C
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1613
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Federal law — U.S. Code and appendices · legal_authorities
The Customs Service shall, under rules and regulations prescribed by the Secretary—
**(a)** fix the final appraisement of merchandise by ascertaining or estimating the value thereof, under [section 1401a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1401a&num=0&edition=prelim), by all reasonable ways and means in his power, any statement of cost or costs of production in any invoice, affidavit, declaration, other document to the contrary notwithstanding;
**(b)** fix the final classification and rate of duty applicable to such merchandise;
**(c)** fix the final amount of duty to be paid on such merchandise and determine any increased or additional duties, taxes, and fees due or any excess of duties, taxes, and fees deposited;
**(d)** liquidate the entry and reconciliation, if any, of such merchandise; and
**(e)** give or transmit, pursuant to an electronic data interchange system, notice of such liquidation to the importer, his consignee, or agent in such form and manner as the Secretary shall by regulation prescribe.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1500
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4746, related to limitations on parties serving as trustees of mortgaged vessel interests.
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Federal law — U.S. Code and appendices · legal_authorities
In this title, the term “agency” means a department, agency, or instrumentality of the United States Government.
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Federal law — U.S. Code and appendices · legal_authorities
When used in this subtitle or in part I of subtitle II—
**(a) Vessel** The word “vessel” includes every description of water craft or other contrivance used, or capable of being used, as a means of transportation in water, but does not include aircraft.
**(b) Vehicle** The word “vehicle” includes every description of carriage or other contrivance used, or capable of being used, as a means of transportation on land, but does not include aircraft.
**(c) Merchandise** The word “merchandise” means goods, wares, and chattels of every description, and includes merchandise the importation of which is prohibited, and monetary instruments as defined in [section 5312 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section5312&num=0&edition=prelim).
**(d) Person** The word “person” includes partnerships, associations, and corporations.
**(e) Master** The word “master” means the person having the command of the vessel.
**(f) Day** The word “day” means the time from eight o’clock antemeridian to five o’clock postmeridian.
**(g) Night** The word “night” means the time from five o’clock postmeridian to eight o’clock antemeridian.
**(h) United States** The term “United States” includes all Territories and possessions of the United States except the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, and the island of Guam.
**(i) Officer of the customs; customs officer** The terms “officer of the customs” and “customs officer” mean any officer of the United States Customs Service of the Treasury Department (also hereinafter referred to as the “Customs Service”) or any commissioned, warrant, or petty officer of the Coast Guard, or any agent or other person, including foreign law enforcement officers, autho
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1401
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Sections, act Sept. 21, 1922, ch. 356, title IV, §§ 602–614, 42 Stat. 984–987, related to pleading, procedure and disposition of seized articles or proceeds therefrom.
Provisions of Tariff Act of 1930 corresponding to section 509, see [section 1602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1602&num=0&edition=prelim); section 510, see [section 1603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1603&num=0&edition=prelim); section 511, see [section 1604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1604&num=0&edition=prelim); section 512, see [section 1605 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1605&num=0&edition=prelim); section 513, see [section 1606 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1606&num=0&edition=prelim); section 514, see [section 1607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1607&num=0&edition=prelim); section 515, see [section 1608 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1608&num=0&edition=prelim); section 516, see [section 1609 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1609&num=0&edition=prelim); section 517, see [section 1610 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1610&num=0&edition=prelim); section 518, see [section 1611 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1611&num=0&edition=prelim); section 519, see [section 1612 of this title](https://uscode
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 509 to 521
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Federal law — U.S. Code and appendices · legal_authorities
Page 296
TITLE 19—CUSTOMS DUTIES
§ 1608
542 of Title 6. For establishment of U.S. Customs and
Border Protection in the Department of Homeland Se-
curity, treated as if included in Pub. L. 107–296 as of
Nov. 25, 2002, see section 211 of Title 6, as amended gen-
erally by Pub. L. 114–125, and section 802(b) of Pub. L.
114–125, set out as a note under section 211 of Title 6.
§ 1608. Seizure; claims; judicial condemnation
Any person claiming such vessel, vehicle, air-
craft, merchandise, or baggage may at any time
within twenty days from the date of the first
publication of the notice of seizure file with the
appropriate customs officer a claim stating his
interest therein. Upon the filing of such claim,
and the giving of a bond to the United States in
the penal sum of $5,000 or 10 percent of the value
of the claimed property, whichever is lower, but
not less than $250, with sureties to be approved
by such customs officer, conditioned that in
case of condemnation of the articles so claimed
the obligor shall pay all the costs and expenses
of the proceedings to obtain such condemnation,
such customs officer shall transmit such claim
and bond, with a duplicate list and description
of the articles seized, to the United States attor-
ney for the district in which seizure was made,
who shall proceed to a condemnation of the mer-
chandise or other property in the manner pre-
scribed by law.
(June 17, 1930, ch. 497, title IV, § 608, 46 Stat. 755;
Pub. L. 91–271, title III, § 301(e), June 2, 1970, 84
Stat. 288; Pub. L. 98–473, title II, §§ 312, 321, Oct.
12, 1984, 98 Stat. 2054, 2056; Pub. L. 98–573, title II,
§ 213(a)(5), Oct. 30, 1984, 98 Stat. 2985; Pub. L.
99–570, title I, § 1862, Oct. 27, 1986, 100 Stat.
3207–54; Pub. L. 100–690, title VII, § 7367(c)
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 1609
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