CBP Issues Final Rule on the Publication of Administrative Forfeiture Notices
U.S. Customs and Border Protection (CBP) has issued a final rule, effective March 24, 2005, that amends 19 CFR 162.45(b)(1) to raise the threshold value of seized property for which CBP must publish a forfeiture notice in a newspaper from $2,500 to $5,000.
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According to CBP, this amendment will significantly reduce the publication costs incurred by CBP, which have often exceeded the value of seized property.
CBP to Publish Newspaper Notice for Property Exceeding $5,000 in Value
Under this final rule, if the value of seized property exceeds $5,000, CBP will be required to publish an administrative forfeiture notice in a newspaper circulated at the Customs port and in the judicial district where the seizure occurred for at least three successive weeks. All known parties-in-interest will be notified of the newspaper and expected dates of publication of the notice.
When the value of the seized property does not exceed $5,000, CBP will be allowed to publish a notice of seizure and intent to forfeit by posting it in a conspicuous place accessible to the public at the customhouse nearest the place of seizure.
- CFR 162.45 concerns the notice of seizure and sale of property, other than Schedule I and Schedule II controlled substances, that is subject to summary forfeiture.
According to CBP, administrative forfeiture is allowed when CBP seizes: (1) a prohibited importation; (2) a transporting conveyance if used to import, export, transport or store a controlled substance or listed chemical; (3) any monetary instrument within the meaning of 31 USC 5312(a)(3); or (4) any conveyance, merchandise or baggage for which its value does not exceed $500,000.
(See ITT's Online Archives or 01/15/04 news, 04011510, for BP summary of the proposed rule.)
CBP contact - Ricardo Scheller (202) 344-1095
CBP final rule (CBP Dec. 05-02, FR Pub 02/22/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-3327.pdf