                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
                 SUBTITLE III--ADMINISTRATIVE PROVISIONS
 
                     Part V--Enforcement Provisions
 
Sec. 1609. Seizure; summary forfeiture and sale


(a) In general

    If no such claim is filed or bond given within the twenty days 
hereinbefore specified, the appropriate customs officer shall declare 
the vessel, vehicle, aircraft, merchandise, or baggage forfeited, and 
shall sell the same at public auction in the same manner as merchandise 
abandoned to the United States is sold or otherwise dispose of the same 
according to law, and shall deposit the proceeds of sale, after 
deducting the expenses described in section 1613 of this title, into the 
Customs Forfeiture Fund.

(b) Effect

    A declaration of forfeiture under this section shall have the same 
force and effect as a final decree and order of forfeiture in a judicial 
forfeiture proceeding in a district court of the United States. Title 
shall be deemed to vest in the United States free and clear of any liens 
or encumbrances (except for first preferred ship mortgages pursuant to 
section 961 of title 46, Appendix, or any corresponding revision, 
consolidation, and enactment of such subsection in title 46) from the 
date of the act for which the forfeiture was incurred. Officials of the 
various States, insular possessions, territories, and commonwealths of 
the United States shall, upon application of the appropriate customs 
officer accompanied by a certified copy of the declaration of 
forfeiture, remove any recorded liens or encumbrances which apply to 
such property and issue or reissue the necessary certificates of title, 
registration certificates, or similar documents to the United States or 
to any transferee of the United States.

(June 17, 1930, ch. 497, title IV, Sec. 609, 46 Stat. 755; June 25, 
1938, ch. 679, Sec. 28(b), 52 Stat. 1089; Pub. L. 91-271, title III, 
Sec. 301(b), June 2, 1970, 84 Stat. 287; Pub. L. 98-473, title II, 
Secs. 313, 321, Oct. 12, 1984, 98 Stat. 2054, 2056; Pub. L. 98-573, 
title II, Sec. 213(a)(6), Oct. 30, 1984, 98 Stat. 2985; Pub. L. 100-690, 
title VII, Sec. 7367(b), Nov. 18, 1988, 102 Stat. 4479.)


                            Prior Provisions

    Provisions similar to those in this section were contained in act 
Sept. 21, 1922, ch. 356, title IV, Sec. 609, 42 Stat. 985. That section 
was superseded by section 609 of act June 17, 1930, comprising this 
section, and repealed by section 651(a)(1) of the 1930 act.
    Provisions for sale of the property by the collector if no claim 
should be filed or bond given, were contained in R.S. Sec. 3077, prior 
to repeal by act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42 Stat. 
989.


                               Amendments

    1988--Pub. L. 100-690 amended section generally. Prior to amendment, 
section read as follows:
    ``(a) If no such claim is filed or bond given within the twenty days 
hereinbefore specified, the appropriate customs officer shall declare 
the vessel, vehicle, aircraft, merchandise, or baggage forfeited, and 
shall sell the same at public auction in the same manner as merchandise 
abandoned to the United States is sold or otherwise dispose of the same 
according to law, and (except as provided in subsection (b) of this 
section) shall deposit the proceeds of sale, after deducting expenses 
enumerated in section 1613 of this title into the Customs Forfeiture 
Fund.
    ``(b) During the period beginning on October 30, 1984, and ending on 
September 30, 1987, the appropriate customs officer shall deposit the 
proceeds of sale (after deducting such expenses) in the Customs 
Forfeiture Fund.''
    1984--Pub. L. 98-573 designated existing provisions as subsec. (a), 
inserted reference to aircraft, inserted ``(except as provided in 
subsection (b) of this section)'' after ``according to law, and'', and 
added subsec. (b).
    Pub. L. 98-473, Sec. 321, inserted reference to aircraft.
    Pub. L. 98-473, Sec. 313, substituted ``after deducting expenses 
enumerated in section 1613 of this title into the Customs Forfeiture 
Fund'' for ``after deducting the actual expenses of seizure, 
publication, and sale in the Treasury of the United States''.
    1970--Pub. L. 91-271 substituted reference to appropriate customs 
officer for reference to collector.
    1938--Act June 25, 1938, inserted ``or otherwise dispose of the same 
according to law'' after ``in the same manner as merchandise abandoned 
to the United States is sold''.


                    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 thirtieth 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.

                  Section Referred to in Other Sections

    This section is referred to in section 1600 of this title.
