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19 U.S.C. § 1612 — Seizure; summary sale
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever it appears to the Customs Service that any vessel, vehicle, aircraft, merchandise, or baggage seized under the customs laws is liable to perish or to waste or to be greatly reduced in value by keeping, or that the expense of keeping the same is disproportionate to the value thereof, and such vessel, vehicle, aircraft, merchandise, or baggage is subject to [section 1607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1607&num=0&edition=prelim), and such vessel, vehicle, aircraft, merchandise, or baggage has not been delivered under bond, the Customs Service shall proceed forthwith to advertise and sell the same at auction under regulations to be prescribed by the Secretary of the Treasury. If such vessel, vehicle, aircraft, merchandise, or baggage is not subject to [section 1607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1607&num=0&edition=prelim), the Customs Service shall forthwith transmit its report of the seizure to the United States attorney, who shall petition the court to order an immediate sale of such vessel, vehicle, aircraft, merchandise, or baggage, and if the ends of justice require it the court shall order such immediate sale, the proceeds thereof to be deposited with the court to await the final determination of the condemnation proceedings. Whether such sale be made by the Customs Service or by order of the court, the proceeds thereof shall be held subject to claims of parties in interest to the same extent as the vessel, vehicle, aircraft, merchandise, or baggage so sold would have been subject to such claim.
**(b)** If the Customs Service determines that the expense of keeping the vessel, vehicle, aircraft, merchandise, or baggage is disproporti
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Source file: Laws/federal/codes/united-states-code/title-19/section-1612-seizure-summary-sale--becbdaf823.md
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Source location: Title 19, Chapter 4, § 1612; chapter-004-tariff-act-of-1930.md
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**(a)** Whenever it appears to the Customs Service that any vessel, vehicle, aircraft, merchandise, or baggage seized under the customs laws is liable to perish or to waste or to be greatly reduced in value by keeping, or that the expense of keeping the same is disproportionate to the value thereof, and such vessel, vehicle, aircraft, merchandise, or baggage is subject to [section 1607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1607&num=0&edition=prelim), and such vessel, vehicle, aircraft, merchandise, or baggage has not been delivered under bond, the Customs Service shall proceed forthwith to advertise and sell the same at auction under regulations to be prescribed by the Secretary of the Treasury. If such vessel, vehicle, aircraft, merchandise, or baggage is not subject to [section 1607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1607&num=0&edition=prelim), the Customs Service shall forthwith transmit its report of the seizure to the United States attorney, who shall petition the court to order an immediate sale of such vessel, vehicle, aircraft, merchandise, or baggage, and if the ends of justice require it the court shall order such immediate sale, the proceeds thereof to be deposited with the court to await the final determination of the condemnation proceedings. Whether such sale be made by the Customs Service or by order of the court, the proceeds thereof shall be held subject to claims of parties in interest to the same extent as the vessel, vehicle, aircraft, merchandise, or baggage so sold would have been subject to such claim.
**(b)** If the Customs Service determines that the expense of keeping the vessel, vehicle, aircraft, merchandise, or baggage is disproportionate to the value thereof, the Customs Service may promptly order the destruction or other appropriate disposition of such property under regulations prescribed by the Secretary. No customs officer shall be liable for the destruction or other disposition of property made pursuant to this section.
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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)** The President shall appoint, by and with the advice and consent of the Senate, a United States attorney for each judicial district.
**(b)** Each United States attorney shall be appointed for a term of four years. On the expiration of his term, a United States attorney shall continue to perform the duties of his office until his successor is appointed and qualifies.
**(c)** Each United States attorney is subject to removal by the President.
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542
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Federal law — U.S. Code and appendices · legal_authorities
The appropriate customs officer shall determine the domestic value, at the time and place of appraisement, of any vessel, vehicle, aircraft, merchandise, or baggage seized under the customs laws.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1606
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Notice of seizure** If—
(1) the value of such seized vessel, vehicle, aircraft, merchandise, or baggage does not exceed $500,000;
(2) such seized merchandise is merchandise the importation of which is prohibited;
(3) such seized vessel, vehicle, or aircraft was used to import, export, transport, or store any controlled substance or listed chemical; or
(4) such seized merchandise is any monetary instrument within the meaning of [section 5312(a)(3) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section5312/a/3&num=0&edition=prelim);
the appropriate customs officer shall cause a notice of the seizure of such articles and the intention to forfeit and sell or otherwise dispose of the same according to law to be published for at least three successive weeks in such manner as the Secretary of the Treasury may direct. Written notice of seizure together with information on the applicable procedures shall be sent to each party who appears to have an interest in the seized article.
**(b) “Controlled substance” and “listed chemical” defined** As used in this section, the terms “controlled substance” and “listed chemical” have the meaning given such terms in [section 802 of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802&num=0&edition=prelim).
**(c) Report to Congress** The Commissioner of U.S. Customs and Border Protection shall submit to the Congress, by no later than February 1 of each fiscal year, a report on the total dollar value of uncontested seizures of monetary instruments having a value of over $100,000 which, or the proceeds of which, have not been deposited into the Customs Forfeiture Fund under [section 1613b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prel
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1607
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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
**(a) In general** The Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under [section 188(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section188/c/2&num=0&edition=prelim). Such laboratory shall be used to test and evaluate emerging technologies and conduct research and development to assist emergency response providers in preparing for, and protecting against, threats of terrorism.
**(b) Laboratory described** The laboratory described in this subsection is the laboratory—
(1) known, as of December 27, 2021, as the National Urban Security Technology Laboratory; and
(2) transferred to the Department pursuant to [section 183(1)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section183/1/E&num=0&edition=prelim).
**(c) Laboratory activities** The National Urban Security Technology Laboratory shall—
(1) conduct tests, evaluations, and assessments of current and emerging technologies, including, as appropriate, the cybersecurity of such technologies that can connect to the internet, for emergency response providers;
(2) act as a technical advisor to emergency response providers; and
(3) carry out other such activities as the Secretary determines appropriate.
**(d) Rule of construction** Nothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.
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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 298
TITLE 19—CUSTOMS DUTIES
§ 1612
Secretary of the Treasury for disposition in ac-
cordance with the provisions of this section. If
the Secretary of the Treasury is satisfied that
the proceeds of any sale will not be sufficient to
pay the costs thereof, he may order a destruc-
tion by the customs officers: Provided, That any
merchandise forfeited under the customs laws,
the sale or use of which is prohibited under any
law of the United States or of any State, may,
in the discretion of the Secretary of the Treas-
ury, be destroyed, or remanufactured into an ar-
ticle that is not prohibited, the resulting article
to be disposed of to the profit of the United
States only.
(June 17, 1930, ch. 497, title IV, § 611, 46 Stat. 755;
Pub. L. 98–473, title II, § 321, Oct. 12, 1984, 98 Stat.
2056; Pub. L. 98–573, title II, § 213(a)(8), Oct. 30,
1984, 98 Stat. 2985.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in act Sept. 21, 1922, ch. 356, title IV, § 611, 42
Stat. 985. That section was superseded by section 611 of
act June 17, 1930, comprising this section, and repealed
by section 651(a)(1) of the 1930 act.
AMENDMENTS
1984—Pub. L. 98–573 and Pub. L. 98–473 inserted ref-
erence to aircraft in four places.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–573 effective Oct. 15, 1984,
see section 214(e) of Pub. L. 98–573, set out as a note
under section 1304 of this title.
§ 1612. Seizure; summary sale
(a) Whenever it appears to the Customs Serv-
ice that any vessel, vehicle, aircraft, merchan-
dise, or baggage seized under the customs laws
is liable to perish or to waste or to be greatly re-
duced in value by keeping, or that the expense
of keeping the
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 1612
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