TITLE 19 - CUSTOMS DUTIES

CHAPTER I - BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

PART 171 - FINES, PENALTIES, AND FORFEITURES

subpart f - EXPEDITED PETITIONING PROCEDURES

171.53 - Ruling on petition for expedited procedures.

  (a) Final administrative determination. Upon receipt of a petition filed pursuant to 171.52, Customs shall determine first whether a final administrative determination of the case can be made within 21 days of the seizure. If such a final administrative determination is made within 21 days, no further action need be taken under this subpart.

  (b) Determination within 20 days. If no such final administrative determination is made within 21 days of the seizure, Customs shall within 20 days after the receipt of the petition make a determination as follows: (1) If Customs determines that the factors listed in 171.52(c) have been established, it shall terminate the administrative proceedings and release the property from seizure, or in the case of a commercial fishing industry vessel for which a summons has been issued, but not yet answered, dismiss the summons. The property shall not be returned if it is evidence of a violation of law.

  (2) If Customs determines that the factors listed in 171.52(c) have not been established, it shall proceed with the administrative forfeiture.

[T.D. 8986, 54 FR 37602, Sept. 11, 1989]