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19 U.S.C. § 1604 — Seizure; prosecution 11 See Codification note below.
Federal law — U.S. Code and appendices · legal_authorities
It shall be the duty of the Attorney General of the United States immediately to inquire into the facts of cases reported to him by customs officers and the laws applicable thereto, and if it appears probable that any fine, penalty, or forfeiture has been incurred by reason of such 1 violation, for the recovery of which the institution of proceedings in the United States district court or the Court of International Trade is necessary, forthwith to cause the proper proceedings to be commenced and prosecuted, without delay, for the recovery of such fine, penalty, or forfeiture in such case provided, unless, upon inquiry and examination, the Attorney General decides that such proceedings can not probably be sustained or that the ends of public justice do not require that they should be instituted or prosecuted, in which case he shall report the facts to the Secretary of the Treasury for his direction in the premises.
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Source file: Laws/federal/codes/united-states-code/title-19/section-1604-seizure-prosecution-11-see-codification-note-below--2e1c119611.md
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Source location: Title 19, Chapter 4, § 1604; chapter-004-tariff-act-of-1930.md
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It shall be the duty of the Attorney General of the United States immediately to inquire into the facts of cases reported to him by customs officers and the laws applicable thereto, and if it appears probable that any fine, penalty, or forfeiture has been incurred by reason of such 1 violation, for the recovery of which the institution of proceedings in the United States district court or the Court of International Trade is necessary, forthwith to cause the proper proceedings to be commenced and prosecuted, without delay, for the recovery of such fine, penalty, or forfeiture in such case provided, unless, upon inquiry and examination, the Attorney General decides that such proceedings can not probably be sustained or that the ends of public justice do not require that they should be instituted or prosecuted, in which case he shall report the facts to the Secretary of the Treasury for his direction in the premises.
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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, nine judges who shall constitute a court of record to be known as the United States Court of International Trade. Not more than five of such judges shall be from the same political party. The court is a court established under article III of the Constitution of the United States.
**(b)** The offices of the Court of International Trade shall be located in New York, New York.
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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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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
### 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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Federal law — U.S. Code and appendices · legal_authorities
The appropriate customs officer within whose district any seizure shall be made or forfeiture incurred for any violation of the duty laws is authorized to receive from the court within which trial is had, or from the proper officer thereof, the sum recovered, after deducting all proper charges to be allowed by the court; and on receipt thereof he shall pay and distribute the same without delay, according to law.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 528
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Federal law — U.S. Code and appendices · legal_authorities
Page 293
TITLE 19—CUSTOMS DUTIES
§ 1604
1 See Codification note below.
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.
§ 1603. Seizure; warrants and reports
(a) Any property which is subject to forfeiture
to the United States for violation of the cus-
toms laws and which is not subject to search and
seizure in accordance with the provisions of sec-
tion 1595 of this title, may be seized by the ap-
propriate 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 vio-
lation of the customs laws is made, or a viola-
tion 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 oc-
curred, 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.
(June 17, 1930, ch. 497, title IV, § 603, 46 Stat. 754;
June 25, 1938, ch. 679, § 27, 52 Stat. 1089; Pub. L.
91–271, title III, § 301(aa), June 2, 1970, 84 Stat.
291; Pub. L. 95–410, title I, § 110(b), Oct. 3, 1978, 92
Stat. 896; Pub. L. 100–690, title VII, § 7365, No
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 1604
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