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Electronic Code of Federal Regulations

e-CFR Data is current as of September 16, 2014

Title 19Chapter IPart 171 → Subpart E


Title 19: Customs Duties
PART 171—FINES, PENALTIES, AND FORFEITURES


Subpart E—Restoration of Proceeds of Sale


Contents
§171.41   Application of provisions for petitions for relief.
§171.42   Time limit for filing petition for restoration.
§171.43   Evidence required.
§171.44   Forfeited property authorized for official use.

Source: T.D. 00-57, 65 FR 53577, Sept. 5, 2000, unless otherwise noted.

§171.41   Application of provisions for petitions for relief.

The general provisions of subpart A of this part on filing and content of petitions for relief apply to petitions for restoration of proceeds of sale except insofar as modified by this subpart.

§171.42   Time limit for filing petition for restoration.

A petition for the restoration of proceeds of sale under section 613, Tariff Act of 1930, as amended (19 U.S.C. 1613) must be filed within 3 months after the date of the sale.

§171.43   Evidence required.

In addition to such other evidence as may be required under the provisions of subpart A of this part, the petition for restoration of proceeds of sale under section 613, Tariff Act of 1930, as amended (19 U.S.C. 1613), must show the interest of the petitioner in the property. The petition must be supported by satisfactory proof that the petitioner did not know of the seizure prior to the declaration or decree of forfeiture and was in such circumstances as prevented him from knowing of it.

§171.44   Forfeited property authorized for official use.

If forfeited property which is the subject of a claim under section 613, Tariff Act of 1930, as amended (19 U.S.C. 1613) has been authorized for official use, retention or delivery will be regarded as the sale thereof for the purposes of section 613. The appropriation available to the receiving agency for the purchase, hire, operation, maintenance and repair of property of the kind so received is available for the granting of relief to the claimant and for the satisfaction of liens for freight, charges and contributions in general average that may have been filed.



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