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19 U.S.C. § 1615 — Burden of proof in forfeiture proceedings
Federal law — U.S. Code and appendices · legal_authorities
In all suits or actions (other than those arising under [section 1592 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1592&num=0&edition=prelim)) brought for the forfeiture of any vessel, vehicle, aircraft, merchandise, or baggage seized under the provisions of any law relating to the collection of duties on imports or tonnage, where the property is claimed by any person, the burden of proof shall lie upon such claimant; and in all suits or actions brought for the recovery of the value of any vessel, vehicle, aircraft, merchandise, or baggage, because of violation of any such law, the burden of proof shall be upon the defendant: Provided, That probable cause shall be first shown for the institution of such suit or action, to be judged of by the court, subject to the following rules of proof:
(1) The testimony or deposition of the officer of the customs who has boarded or required to come to a stop or seized a vessel, vehicle, or aircraft, or has arrested a person, shall be prima facie evidence of the place where the act in question occurred.
(2) Marks, labels, brands, or stamps, indicative of foreign origin, upon or accompanying mechandise 11 So in original. Probably should be “merchandise”. or containers of merchandise, shall be prima facie evidence of the foreign origin of such merchandise.
(3) The fact that a vessel of any description is found, or discovered to have been, in the vicinity of any hovering vessel and under any circumstances indicating contact or communication therewith, whether by proceeding to or from such vessel, or by coming to in the vicinity of such vessel, or by delivering to or receiving from such vessel any merchandise, person, or communication, or by any other means effecting contact or communicatio
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Stable record: federal_law:legal_authorities:record_usc_5be200cf59f29f542d712739
Source file: Laws/federal/codes/united-states-code/title-19/section-1615-burden-of-proof-in-forfeiture-proceedings--2fe3c742ea.md
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Source location: Title 19, Chapter 4, § 1615; chapter-004-tariff-act-of-1930.md
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In all suits or actions (other than those arising under [section 1592 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1592&num=0&edition=prelim)) brought for the forfeiture of any vessel, vehicle, aircraft, merchandise, or baggage seized under the provisions of any law relating to the collection of duties on imports or tonnage, where the property is claimed by any person, the burden of proof shall lie upon such claimant; and in all suits or actions brought for the recovery of the value of any vessel, vehicle, aircraft, merchandise, or baggage, because of violation of any such law, the burden of proof shall be upon the defendant: Provided, That probable cause shall be first shown for the institution of such suit or action, to be judged of by the court, subject to the following rules of proof:
(1) The testimony or deposition of the officer of the customs who has boarded or required to come to a stop or seized a vessel, vehicle, or aircraft, or has arrested a person, shall be prima facie evidence of the place where the act in question occurred.
(2) Marks, labels, brands, or stamps, indicative of foreign origin, upon or accompanying mechandise 11 So in original. Probably should be “merchandise”. or containers of merchandise, shall be prima facie evidence of the foreign origin of such merchandise.
(3) The fact that a vessel of any description is found, or discovered to have been, in the vicinity of any hovering vessel and under any circumstances indicating contact or communication therewith, whether by proceeding to or from such vessel, or by coming to in the vicinity of such vessel, or by delivering to or receiving from such vessel any merchandise, person, or communication, or by any other means effecting contact or communication therewith, shall be prima facie evidence that the vessel in question has visited such hovering vessel.
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition**
(1) **General rule** — Without regard to whether the United States is or may be deprived of all or a portion of any lawful duty, tax, or fee thereby, no person, by fraud, gross negligence, or negligence—
(A) may enter, introduce, or attempt to enter or introduce any merchandise into the commerce of the United States by means of—
(i) any document or electronically transmitted data or information, written or oral statement, or act which is material and false, or
(ii) any omission which is material, or
(B) may aid or abet any other person to violate subparagraph (A).
(2) **Exception** — Clerical errors or mistakes of fact are not violations of paragraph (1) unless they are part of a pattern of negligent conduct. The mere nonintentional repetition by an electronic system of an initial clerical error does not constitute a pattern of negligent conduct.
**(b) Procedures**
(1) **Pre-penalty notice**
(A) *In general* — If the Customs Service has reasonable cause to believe that there has been a violation of subsection (a) and determines that further proceedings are warranted, it shall issue to the person concerned a written notice of its intention to issue a claim for a monetary penalty. Such notice shall—
(i) describe the merchandise;
(ii) set forth the details of the entry or introduction, the attempted entry or introduction, or the aiding or procuring of the entry or introduction;
(iii) specify all laws and regulations allegedly violated;
(iv) disclose all the material facts which establish the alleged violation;
(v) state whether the alleged violation occurred as a result of fraud, gross negligence, or negligence;
(vi) state the estimated loss of lawful duties, taxes, and fees, if any, and, taking into
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding the provisions of [section 1615 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1615&num=0&edition=prelim), in any forfeiture proceeding brought under this chapter in which the material or article, as the case may be, is claimed by any person, the United States shall establish—
(1) in the case of any material subject to the provisions of [section 2606 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2606&num=0&edition=prelim), that the material has been listed by the Secretary in accordance with [section 2604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2604&num=0&edition=prelim); and
(2) in the case of any article subject to [section 2607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2607&num=0&edition=prelim), that the article—
(A) is documented as appertaining to the inventory of a museum or religious or secular public monument or similar institution in a State Party, and
(B) was stolen from such institution after the effective date of this chapter, or after the date of entry into force of the Convention for the State Party concerned, whichever date is later.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act Sept. 21, 1922, ch. 356, title IV, § 615, 42 Stat. 987, related to burden of proof in proceedings for forfeiture of seized property. Corresponding provisions of Tariff Act of 1930, see [section 1615 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1615&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
Page 304
TITLE 19—CUSTOMS DUTIES
§ 1615
1 So in original. Probably should be ‘‘merchandise’’.
act June 17, 1930, comprising this section, and repealed
by section 651(a)(1) of the 1930 act.
A prior provision authorizing collectors, subject to
the approval of the Secretary of the Treasury, to re-
lease seized merchandise on payment of the appraised
value when the appraised value did not exceed $1,000,
were contained in R.S. § 3081, prior to repeal by act
Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989.
AMENDMENTS
1984—Pub. L. 98–573 and Pub. L. 98–473 inserted ref-
erence to aircraft in three places.
1970—Pub. L. 91–271 substituted reference to the ap-
propriate customs officer for reference to the collector.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
‘‘Commissioner of U.S. Customs and Border Protec-
tion’’ substituted for ‘‘Commissioner of Customs’’ in
text on authority of section 802(d)(2) of Pub. L. 114–125,
set out as a note under section 211 of Title 6, Domestic
Security.
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.
EFFECTIVE DATE OF 1970 AMENDMENT
For effective date of amendment by Pub. L. 91–271,
see section 203 of Pub. L. 91–271, set out as a note under
section 1500 of this title.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relat-
ing thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu-
rity, and the Department of Homeland Security Reor-
ganization
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