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

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)(2), Nov. 18, 1988, 102 Stat. 4479.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in R.S. § 3076, which was superseded by act Sept. 21, 1922, ch. 356, title IV, § 608, 42 Stat. 985, and was re- pealed by section 642 thereof. Section 608 of the 1922 act was superseded by section 608 of act June 17, 1930, com- prising this section, and repealed by section 651(a)(1) of the 1930 act. AMENDMENTS 1988—Pub. L. 100–690 reenacted section without change. See 1984 and 1986 Amendment notes below. 1986—Pub. L. 99–570, § 1862(a), substituted ‘‘$5,000’’ for ‘‘$2,500’’. See 1984 Amendment notes below. Pub. L. 99–570, § 1862(b), which provided that ‘‘Section 608 of such Act [this section], as enacted by Public Law 98–473, is repealed’’, was not executed to text because such section was amended (rather than enacted) by Pub. L. 98–473, and to reflect the probable intent of Congress to repeal the amendment made by Pub. L. 98–473 in view of later amendment by Pub. L. 98–573. See 1984 Amendment notes below. 1984—Pub. L. 98–573, § 213(a)(5)(B), which directed the insertion of ‘‘$2,500 or 10 percent of the value of the claimed property, whichever is lower, but not less than’’ after ‘‘penal sum of’’, was executed to text as su- perseding the amendment made by Pub. L. 98–473 to re- flect the probable intent of Congress. See 1986 Amend- ment note above. Pub. L. 98–473, § 312, inserted ‘‘$5,000 or 10 per centum of the value of the claimed property, whichever is lower, but not less than,’’ after ‘‘penal sum of’’. See 1984 and 1986 Amendment notes above. Pub. L. 98–573, § 213(a)(5)(A), and Pub. L. 98–473, § 321, inserted reference to aircraft. 1970—Pub. L. 91–271 substituted references to appro- priate customs officer or such customs officer for ref- erences to collector wherever appearing. 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. 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. § 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 ap- propriate customs officer shall declare the ves- sel, vehicle, aircraft, merchandise, or baggage forfeited, and shall sell the same at public auc- tion in the same manner as merchandise aban- doned 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, 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 for- feiture 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, consolida- tion, and enactment of such subsection in title 46) from the date of the act for which the for- feiture was incurred. Officials of the various States, insular possessions, territories, and com- monwealths of the United States shall, upon ap- plication of the appropriate customs officer ac- companied by a certified copy of the declaration of forfeiture, remove any recorded liens or en- cumbrances which apply to such property and issue or reissue the necessary certificates of title, registration certificates, or similar docu- ments to the United States or to any transferee of the United States. (June 17, 1930, ch. 497, title IV, § 609, 46 Stat. 755; June 25, 1938, ch. 679, § 28(b), 52 Stat. 1089; Pub. L. 91–271, title III, § 301(b), June 2, 1970, 84 Stat. 287; Pub. L. 98–473, title II, §§ 313, 321, Oct. 12, 1984, 98 Stat. 2054, 2056; Pub. L. 98–573, title II, § 213(a)(6), Oct. 30, 1984, 98 Stat. 2985; Pub. L. 100–690, title VII, § 7367(b), Nov. 18, 1988, 102 Stat. 4479.) Editorial Notes REFERENCES IN TEXT Subsection O of section 30 of the Ship Mortgage Act, 1920 (46 U.S.C. App. 961), referred to in subsec. (b), was classified to section 961 of the former Appendix to Title 46, Shipping, and was repealed and partially reenacted in sections 31326(a), 31327, 31328, and 31329 of Title 46, Shipping, by Pub. L. 100–710, title I, §§ 102(c), 106(b)(2), Nov. 23, 1988, 102 Stat. 4738, 4752. Section 31328 of Title Page 297 TITLE 19—CUSTOMS DUTIES § 1611 46 was subsequently repealed by Pub. L. 104–324, title XI, § 1113(b)(1), Oct. 19, 1996, 110 Stat. 3970. Section 105(a) of Pub. L. 100–710, set out as a note preceding section 101 of Title 46, provides that a reference to a law re- placed by section 102 of Pub. L. 100–710 is deemed to refer to the corresponding provision of Pub. L. 100–710. For disposition of sections of the former Appendix to Title 46, see Disposition Table preceding section 101 of Title 46. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 21, 1922, ch. 356, title IV, § 609, 42 Stat. 985. That section was superseded by section 609 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. Provisions for sale of the property by the collector if no claim should be filed or bond given, were contained in R.S. § 3077, prior to repeal by act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989. AMENDMENTS 1988—Pub. L. 100–690 amended section generally. Prior to amendment, section read as follows: ‘‘(a) If no such claim is filed or bond given within the twenty days hereinbefore specified, the appropriate customs officer shall declare the vessel, vehicle, air- craft, merchandise, or baggage forfeited, and shall sell the same at public auction in the same manner as mer- chandise abandoned to the United States is sold or oth- erwise dispose of the same according to law, and (ex- cept as provided in subsection (b) of this section) shall deposit the proceeds of sale, after deducting expenses enumerated in section 1613 of this title into the Cus- toms Forfeiture Fund. ‘‘(b) During the period beginning on October 30, 1984, and ending on September 30, 1987, the appropriate cus- toms officer shall deposit the proceeds of sale (after de- ducting such expenses) in the Customs Forfeiture Fund.’’ 1984—Pub. L. 98–573 designated existing provisions as subsec. (a), inserted reference to aircraft, inserted ‘‘(ex- cept as provided in subsection (b) of this section)’’ after ‘‘according to law, and’’, and added subsec. (b). Pub. L. 98–473, § 321, inserted reference to aircraft. Pub. L. 98–473, § 313, substituted ‘‘after deducting ex- penses enumerated in section 1613 of this title into the Customs Forfeiture Fund’’ for ‘‘after deducting the ac- tual expenses of seizure, publication, and sale in the Treasury of the United States’’. 1970—Pub. L. 91–271 substituted reference to appro- priate customs officer for reference to collector. 1938—Act June 25, 1938, inserted ‘‘or otherwise dispose of the same according to law’’ after ‘‘in the same man- ner as merchandise abandoned to the United States is sold’’. 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. 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. EFFECTIVE DATE OF 1938 AMENDMENT Amendment by act June 25, 1938, effective on thir- tieth day following June 25, 1938, except as otherwise specifically provided, see section 37 of act June 25, 1938, set out as a note under section 1401 of this title. § 1610. Seizure; judicial forfeiture proceedings If any vessel, vehicle, aircraft, merchandise, or baggage is not subject to section 1607 of this title, the appropriate customs officer shall transmit a report of the case, with the names of available witnesses, to the United States attor- ney for the district in which the seizure was made for the institution of the proper pro- ceedings for the condemnation of such property. (June 17, 1930, ch. 497, title IV, § 610, 46 Stat. 755; Sept. 1, 1954, ch. 1213, title V, § 506, 68 Stat. 1141; Pub. L. 91–271, title III, § 301(ee), June 2, 1970, 84 Stat. 291; Pub. L. 95–410, title I, § 111(b), Oct. 3, 1978, 92 Stat. 898; Pub. L. 98–473, title II, § 314, Oct. 12, 1984, 98 Stat. 2054; Pub. L. 98–573, title II, § 213(a)(7), Oct. 30, 1984, 98 Stat. 2985; Pub. L. 100–690, title VII, § 7367(c)(3), Nov. 18, 1988, 102 Stat. 4480.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 21, 1922, ch. 356, title IV, § 610, 42 Stat. 985. That section was superseded by section 610 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. AMENDMENTS 1988—Pub. L. 100–690 reenacted section without change. 1984—Pub. L. 98–573 substituted ‘‘If any vessel, vehi- cle, aircraft, merchandise, or baggage is not subject to section 1607 of this title’’ for ‘‘If the value of any vessel, vehicle, merchandise, or baggage so seized is greater than $10,000’’. Pub. L. 98–473 amended section in manner substan- tially identical to amendment by Pub. L. 98–573. 1978—Pub. L. 95–410 substituted ‘‘$10,000’’ for ‘‘$2,500’’ wherever appearing. 1970—Pub. L. 91–271 substituted reference to appro- priate customs officer for reference to collector, and struck out reference to appraiser’s return of value. 1954—Act Sept. 1, 1954, substituted ‘‘$2,500’’ for ‘‘$1,000’’. 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. 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. § 1611. Seizure; sale unlawful If the sale of any vessel, vehicle, aircraft, mer- chandise, or baggage forfeited under the cus- toms laws in the district in which seizure there- of was made be prohibited by the laws of the State in which such district is located, or if a sale may be made more advantageously in any other district, the Secretary of the Treasury may order such vessel, vehicle, aircraft, mer- chandise, or baggage to be transferred for sale in any customs district in which the sale thereof may be permitted. Upon the request of the Sec- retary of the Treasury, any court may, in pro- ceedings for the forfeiture of any vessel, vehicle, aircraft, merchandise, or baggage under the cus- toms laws, provide in its decree of forfeiture that the vessel, vehicle, aircraft, merchandise, or baggage, so forfeited, shall be delivered to the