[Code of Federal Regulations]

[Title 19, Volume 2]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR162.65]



[Page 257]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

        HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)

 

PART 162_INSPECTION, SEARCH, AND SEIZURE--Table of Contents

 

        Subpart F_Controlled Substances, Narcotics, and Marihuana

 

Sec.  162.65  Penalties for failure to manifest narcotic drugs or 

marihuana.



    (a) Cargo or baggage containing unmanifested narcotic drugs or 

marihuana. When a package of regular cargo or a passenger's baggage 

otherwise properly manifested is found to contain any narcotic drug or 

marihuana imported for sale or other commercial purpose and not shown as 

such on the manifest, the penalties prescribed in section 584, Tariff 

Act of 1930, as amended (19 U.S.C. 1584), shall be assessed with respect 

to such narcotic drug or marihuana.

    (b) Unmanifested narcotic drugs or marihuana. When an unmanifested 

narcotic drug or marihuana is found on board of, or after having been 

unladen from, a vessel, vehicle, or aircraft, the penalties prescribed 

in section 584, Tariff Act of 1930, as amended (19 U.S.C. 1584), shall 

be assessed. The penalty shall be applied without exception and without 

regard to any question of negligence or responsibility.

    (c) Notice and demand for payment of penalty. A written notice and 

demand for payment of the penalty for failure to manifest incurred under 

section 584, Tariff Act of 1930, as amended (19 U.S.C. 1584), shall be 

sent to the master of the vessel, or commander of the aircraft, or the 

person in charge of the vehicle, and to the owner of the vessel, 

aircraft, or vehicle or any person directly or indirectly responsible. 

In the case of a vessel, if bond has been given, the notice also shall 

be sent to each surety. When a petition for relief from such penalty has 

been filed in accordance with part 171 of this chapter, and a decision 

has been made thereon, the Fines, Penalties, and Forfeitures Officer 

shall send notice of such decision to the interested persons together 

with a demand for any payment required under the terms of such decision.

    (d) Referral to the U.S. attorney. If the penalty incurred under 

section 584, Tariff Act of 1930, as amended (19 U.S.C. 1584), is not 

paid, or a petition is not filed as provided in part 171 of this 

chapter, or if payment is not made in accordance with the decision on a 

petition or a supplemental petition, the Fines, Penalties, and 

Forfeitures Officer, after required collection action, shall refer the 

case to the U.S. attorney.

    (e) Withholding clearance of vessel. Where a penalty has been 

incurred under section 584, Tariff Act of 1930, as amended (19 U.S.C. 

1584), for failure to manifest narcotic drugs or marihuana, clearance of 

the vessel involved shall be withheld until the penalty is paid or a 

bond satisfactory to the Fines, Penalties, and Forfeitures Officer is 

given for the payment thereof unless

    (1) The narcotics or marihuana were discovered in a passenger's 

baggage and the Fines, Penalties, and Forfeitures Officer is satisfied 

that neither the master nor any of the officers nor the owner of the 

vessel knew or had any reason to know or suspect that the narcotics or 

marihuana had been on board the vessel, or

    (2) Prior authority for the clearance without payment of the penalty 

or the furnishing of the bond is obtained from Customs.



[T.D. 72-211, 37 FR 16488, Aug. 15, 1972, as amended by T.D. 79-160, 44 

FR 31958, June 4, 1979; T.D. 86-59, 51 FR 8489, Mar. 12, 1986; T.D. 99-

27, 64 FR 13676, Mar. 22, 1999; T.D. 99-64, 64 FR 43267, Aug. 10, 1999]