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

Page 294 TITLE 19—CUSTOMS DUTIES § 1605 Stat. 984. That section was superseded by section 604 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. Prior provisions substantially similar in effect, with a further provision for an allowance for expenses and services, were contained in R.S. § 3085. Provisions re- quiring district attorneys to cause investigations to be made before a United States commissioner and to ini- tiate and prosecute proper proceedings to recover fines and penalties were contained in act June 22, 1874, ch. 391, § 15, 18 Stat. 189. Both of these sections were re- pealed by act Sept. 21, 1922, ch. 356, title IV, §§ 642, 643, 42 Stat. 989. The 1922 act also superseded a provision contained in R.S. § 3087, requiring collectors to cause suits to be commenced without delay and prosecuted to effect. AMENDMENTS 1980—Pub. L. 96–417 substituted ‘‘the Attorney Gen- eral of the United States’’ and ‘‘the Attorney General’’ for ‘‘every United States district attorney’’ and ‘‘such district attorney’’, respectively, and authorized institu- tion of proceedings in the Court of International Trade. 1970—Pub. L. 91–271 substituted reference to customs officers for reference to collectors. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of Title 28, Judiciary and Judicial Procedure. 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. § 1605. Seizure; custody; storage All vessels, vehicles, aircraft, merchandise, and baggage seized under the provisions of the customs laws, or laws relating to the naviga- tion, registering, enrolling or licensing, or entry or clearance, of vessels, unless otherwise pro- vided 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. Pending such disposition, the property shall be stored in such place as, in the customs offi- cer’s opinion, is most convenient and appro- priate with due regard to the expense involved, whether or not the place of storage is within the judicial district or the customs collection dis- trict in which the property was seized; and stor- age of the property outside the judicial district or customs collection district in which it was seized shall in no way affect the jurisdiction of the court which would otherwise have jurisdic- tion over such property. (June 17, 1930, ch. 497, title IV, § 605, 46 Stat. 754; Sept. 1, 1954, ch. 1213, title V, § 505, 68 Stat. 1141; Pub. L. 91–271, title III, § 301(cc), June 2, 1970, 84 Stat. 291; Pub. L. 98–473, title II, § 321, Oct. 12, 1984, 98 Stat. 2056; Pub. L. 98–573, title II, § 213(a)(2), Oct. 30, 1984, 98 Stat. 2984.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 21, 1922, ch. 356, title IV, § 605, 42 Stat. 985. That section was superseded by section 605 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. Provisions substantially similar to those in this sec- tion so far as it relates to merchandise or property seized under the customs laws, were contained in R.S. § 3086, 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 first par. 1970—Pub. L. 91–271 substituted references to appro- priate customs officer or customs officer for references to collector wherever appearing. 1954—Act Sept. 1, 1954, permitted collector of seized property to store it in such places as he considers con- venient or appropriate, whether within or without the judicial district in which it was seized, without affect- ing the jurisdiction of the court over such property. 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. § 1606. Seizure; appraisement The appropriate customs officer shall deter- mine the domestic value, at the time and place of appraisement, of any vessel, vehicle, aircraft, merchandise, or baggage seized under the cus- toms laws. (June 17, 1930, ch. 497, title IV, § 606, 46 Stat. 754; Pub. L. 91–271, title III, § 301(dd), June 2, 1970, 84 Stat. 291; Pub. L. 98–473, title II, § 321, Oct. 12, 1984, 98 Stat. 2056; Pub. L. 98–573, title II, § 213(a)(3), Oct. 30, 1984, 98 Stat. 2984.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 21, 1922, ch. 356, title IV, § 606, 42 Stat. 985. That section was superseded by section 606 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. Prior provisions for appraisement of property seized under the customs laws, or laws relating to the reg- istering, enrolling or licensing of vessels, were con- tained in R.S. § 3074, 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. 1970—Pub. L. 91–271 substituted ‘‘appropriate customs officer shall’’ for ‘‘collector shall require the appraiser to’’. 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. Page 295 TITLE 19—CUSTOMS DUTIES § 1607 § 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 ex- ceed $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; the appropriate customs officer shall cause a no- tice of the seizure of such articles and the inten- tion 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. Writ- ten 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. (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 re- port on the total dollar value of uncontested sei- zures of monetary instruments having a value of over $100,000 which, or the proceeds of which, have not been deposited into the Customs For- feiture Fund under section 1613b of this title within 120 days of seizure, as of the end of the previous fiscal year. (June 17, 1930, ch. 497, title IV, § 607, 46 Stat. 754; June 25, 1938, ch. 679, § 28(a), 52 Stat. 1089; 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(a), Oct. 3, 1978, 92 Stat. 897; Pub. L. 98–473, title II, § 311, Oct. 12, 1984, 98 Stat. 2053; Pub. L. 98–573, title II, § 213(a)(4), Oct. 30, 1984, 98 Stat. 2984; Pub. L. 101–382, title I, § 122, Aug. 20, 1990, 104 Stat. 642; Pub. L. 104–237, title II, § 201(c), Oct. 3, 1996, 110 Stat. 3101; Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 21, 1922, ch. 356, title IV, § 607, 42 Stat. 985. That section was superseded by section 607 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. Prior provisions for publication or posting of notice of seizure, requiring claimants to appear and file their claim, when the appraised value did not exceed $500, were contained in R.S. § 3075, prior to repeal by act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989. AMENDMENTS 1996—Subsec. (a)(3). Pub. L. 104–237, § 201(c)(1), in- serted ‘‘or listed chemical’’ after ‘‘controlled sub- stance’’. Subsec. (b). Pub. L. 104–237, § 201(c)(2), amended sub- sec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘As used in this section, the term ‘con- trolled substance’ has the meaning given that term in section 802 of title 21.’’ 1990—Pub. L. 101–382, § 122(6), substituted ‘‘$500,000’’ for ‘‘$100,000’’ in section catchline. Subsec. (a)(1). Pub. L. 101–382, § 122(1), substituted ‘‘$500,000’’ for ‘‘$100,000’’. Subsec. (a)(4). Pub. L. 101–382, § 122(2)–(4), added par. (4). Subsec. (c). Pub. L. 101–382, § 122(5), added subsec. (c). 1984—Pub. L. 98–573 amended section generally. See explanation below for amendment by Pub. L. 98–473. Pub. L. 98–473 amended section generally in manner substantially identical to amendment by Pub. L. 98–573, on which text of section is based. Prior to amendment, section read as follows: ‘‘If such value of such vessel, vehicle, merchandise, or baggage does not exceed $10,000, 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 ac- cording to law to be published for at least three succes- sive weeks in such manner as the Secretary of the Treasury may direct. For the purposes of this section and sections 1610 and 1612 of this title merchandise the importation of which is prohibited shall be held not to exceed $10,000 in value.’’ 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’’ wherever appearing. 1938—Act June 25, 1938, substituted ‘‘forfeit and sell or otherwise dispose of the same according to law’’ for ‘‘forfeit and sell the same’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Commissioner of U.S. Customs and Border Protec- tion’’ substituted for ‘‘Commissioner of Customs’’ in subsec. (c) 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. 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. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section