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19 U.S.C. § 509 to 521 — Repealed. June 17, 1930, ch. 497, title IV, § 651(a)(1), 46 Stat. 762, eff. June 18, 1930

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 509 to 521 — Repealed. June 17, 1930, ch. 497, title IV, § 651(a)(1), 46 Stat. 762, eff. June 18, 1930

### 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

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Source file: Laws/federal/codes/united-states-code/title-19/section-509-to-521-19-u-s-c-509-to-521-repealed-june-17-1930-ch-497-title-iv-651-a-1-46-sta--9e0ee1e86a.md
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Source location: Title 19, Chapter 3, § 509 to 521; chapter-003-the-tariff-and-related-provisions.md

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1602 — Seizure; report to customs officer

It shall be the duty of any officer, agent, or other person authorized by law to make seizures of merchandise or baggage subject to seizure for violation of the customs laws, to report every such seizure immediately to the appropriate customs officer for the district in which such violation occurred, and to turn over and deliver to such customs officer any vessel, vehicle, aircraft, merchandise, or baggage seized by him, and to report immediately to such customs officer every violation of the customs laws.

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19 U.S.C. § 1613 — Disposition of proceeds of forfeited property

**(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

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19 U.S.C. § 1608 — Seizure; claims; judicial condemnation

Any person claiming such vessel, vehicle, aircraft, 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 attorney for the district in which seizure was made, who shall proceed to a condemnation of the merchandise or other property in the manner prescribed by law.

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19 U.S.C. § 1609 — Seizure; summary forfeiture and sale

**(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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19 U.S.C. § 1612 — Seizure; summary sale

**(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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19 U.S.C. § 1605 — Seizure; custody; storage

All vessels, vehicles, aircraft, merchandise, and baggage seized under the provisions of the customs laws, or laws relating to the navigation, registering, enrolling or licensing, or entry or clearance, of vessels, unless otherwise provided by law, shall be placed and remain in the custody of the appropriate customs officer for the district in which the seizure was made to await disposition according to law.

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19 U.S.C. § 1606 — Seizure; appraisement

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.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1614 — Release of seized property

If any person claiming an interest in any vessel, vehicle, aircraft, merchandise, or baggage seized under the provisions of this chapter offers to pay the value of such vessel, vehicle, aircraft, merchandise, or baggage, as determined under [section 1606 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1606&num=0&edition=prelim), and it appears that such person has in fact a substantial interest therein, the appropriate customs officer may, subject to the approval of the Secretary of the Treasury if under the customs laws, or the Commandant of the Coast Guard or the Commissioner of U.S. Customs and Border Protection, as the case may be, if under the navigation laws, accept such offer and release the vessel, vehicle, aircraft, merchandise, or baggage seized upon the payment of such value thereof, which shall be distributed in the order provided in [section 1613 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1613&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1607 — Seizure; value $500,000 or less, prohibited merchandise, transporting conveyances

**(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

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1603 — Seizure; warrants and reports

**(a)** Any property which is subject to forfeiture to the United States for violation of the customs laws and which is not subject to search and seizure in accordance with the provisions of [section 1595 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1595&num=0&edition=prelim), may be seized by the appropriate officer or person upon process issued in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure. This authority is in addition to any seizure authority otherwise provided by law. **(b)** Whenever a seizure of merchandise for violation of the customs laws is made, or a violation of the customs laws is discovered, and legal proceedings by the United States attorney in connection with such seizure or discovery are required, it shall be the duty of the appropriate customs officer to report promptly such seizure or violation to the United States attorney for the district in which such violation has occurred, or in which such seizure was made, and to include in such report a statement of all the facts and circumstances of the case within his knowledge, with the names of the witnesses and a citation to the statute or statutes believed to have been violated, and on which reliance may be had for forfeiture or conviction.

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