                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
                 SUBTITLE III--ADMINISTRATIVE PROVISIONS
 
                     Part V--Enforcement Provisions
 
Sec. 1612. Seizure; summary sale

    (a) Whenever it appears to the Customs Service that any vessel, 
vehicle, aircraft, merchandise, or baggage seized under the customs laws 
is liable to perish or to waste or to be greatly reduced in value by 
keeping, or that the expense of keeping the same is disproportionate to 
the value thereof, and such vessel, vehicle, aircraft, merchandise, or 
baggage is subject to section 1607 of this title, and such vessel, 
vehicle, aircraft, merchandise, or baggage has not been delivered under 
bond, the Customs Service shall proceed forthwith to advertise and sell 
the same at auction under regulations to be prescribed by the Secretary 
of the Treasury. If such vessel, vehicle, aircraft, merchandise, or 
baggage is not subject to section 1607 of this title, the Customs 
Service shall forthwith transmit its report of the seizure to the United 
States attorney, who shall petition the court to order an immediate sale 
of such vessel, vehicle, aircraft, merchandise, or baggage, and if the 
ends of justice require it the court shall order such immediate sale, 
the proceeds thereof to be deposited with the court to await the final 
determination of the condemnation proceedings. Whether such sale be made 
by the Customs Service or by order of the court, the proceeds thereof 
shall be held subject to claims of parties in interest to the same 
extent as the vessel, vehicle, aircraft, merchandise, or baggage so sold 
would have been subject to such claim.
    (b) If the Customs Service determines that the expense of keeping 
the vessel, vehicle, aircraft, merchandise, or baggage is 
disproportionate to the value thereof, the Customs Service may promptly 
order the destruction or other appropriate disposition of such property 
under regulations prescribed by the Secretary. No customs officer shall 
be liable for the destruction or other disposition of property made 
pursuant to this section.

(June 17, 1930, ch. 497, title IV, Sec. 612, 46 Stat. 755; June 25, 
1948, ch. 646, Sec. 1, 62 Stat. 869; Sept. 1, 1954, ch. 1213, title V, 
Sec. 506, 68 Stat. 1141; Pub. L. 91-271, title III, Sec. 301(ff), June 
2, 1970, 84 Stat. 291; Pub. L. 95-410, title I, Sec. 111(c), Oct. 3, 
1978, 92 Stat. 898; Pub. L. 98-473, title II, Sec. 315, Oct. 12, 1984, 
98 Stat. 2054; Pub. L. 98-573, title II, Sec. 213(a)(9), Oct. 30, 1984, 
98 Stat. 2985; Pub. L. 100-690, title VII, Sec. 7367(c)(4), Nov. 18, 
1988, 102 Stat. 4480; Pub. L. 103-182, title VI, Sec. 667, Dec. 8, 1993, 
107 Stat. 2215.)

                       References in Text

    The customs laws, referred to in subsec. (a), are classified 
generally to this title.


                            Prior Provisions

    Provisions similar to those in this section were contained in act 
Sept. 21, 1922, ch. 356, title IV, Sec. 612, 42 Stat. 986. That section 
was superseded by section 612 of act June 17, 1930, comprising this 
section, and repealed by section 651(a)(1) of the 1930 act.
    Provisions concerning the sale of property liable to perish or 
waste, etc., were contained in R.S. Sec. 3080, prior to repeal by act 
Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42 Stat. 989.


                               Amendments

    1993--Subsec. (a). Pub. L. 103-182, Sec. 667(1), substituted ``the 
Customs Service'' for ``the appropriate customs officer'' after 
``Whenever it appears to'', for ``such officer'' after ``delivered under 
bond,'', for ``such officer'' before ``shall forthwith transmit'' and 
for ``the customs officer'' after ``Whether such sale be made by'' and 
substituted ``its report of the seizure'' for ``the appraiser's return 
and his report of the seizure''.
    Subsec. (b). Pub. L. 103-182, Sec. 667(2), amended subsec. (b) 
generally. Prior to amendment, subsec. (b) read as follows: ``If the 
expense of keeping the vessel, vehicle, aircraft, merchandise, or 
baggage is disproportionate to the value thereof, and such value is less 
than $1,000, such officer may proceed forthwith to order destruction or 
other appropriate disposition of such property, under regulations 
prescribed by the Secretary of the Treasury.''
    1988--Pub. L. 100-690 reenacted section substantially without 
change.
    1984--Subsec. (a). Pub. L. 98-573 designated existing provisions as 
subsec. (a), inserted reference to aircraft in six places and 
substituted ``the value thereof, and such vessel'' for ``the value 
thereof, and the value of such vessel'', ``is subject to section 1607 of 
this title'' for ``as determined under section 1606 of this title, does 
not exceed $10,000'', ``If such vessel'' for ``If such value of such 
vessel'', and ``baggage is not subject to section 1607 of this title,'' 
for ``baggage exceeds $10,000'', and added subsec. (b).
    Pub. L. 98-473 amended section in manner substantially identical to 
amendment by Pub. L. 98-573, but did not add a subsec. (b) or provisions 
similar thereto.
    1978--Pub. L. 95-410 substituted ``$10,000'' for ``$2,500'' wherever 
appearing.
    1970--Pub. L. 91-271 substituted references to appropriate customs 
officer or such officer for references to collector wherever appearing 
therein, and struck out references to appraiser and appraiser's return 
of value.
    1954--Act Sept. 1, 1954, substituted ``$2,500'' for ``$1,000'' 
wherever appearing.

                         Change of Name

    Act June 25, 1948, eff. Sept. 1, 1948, substituted ``United States 
attorney'' for ``United States district attorney''. See section 541 of 
Title 28, Judiciary and Judicial Procedure, and Historical and Revision 
Note thereunder.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1600, 1613b of this title; 
title 16 section 1861; title 31 section 9703.
