Notice of seizure
“Controlled substance” and “listed chemical” defined
section 802 of title 21As used in this section, the terms “controlled substance” and “listed chemical” have the meaning given such terms in .
Report to Congress
section 1613b of this titleThe Commissioner of U.S. Customs and Border Protection shall submit to the Congress, by no later than February 1 of each fiscal year, a report on the total dollar value of uncontested seizures of monetary instruments having a value of over $100,000 which, or the proceeds of which, have not been deposited into the Customs Forfeiture Fund under within 120 days of seizure, as of the end of the previous fiscal year.
June 17, 1930, ch. 49746 Stat. 754June 25, 1938, ch. 679, § 28(a)52 Stat. 1089Sept. 1, 1954, ch. 121368 Stat. 1141Pub. L. 91–271, title III, § 301(ee)84 Stat. 291Pub. L. 95–410, title I, § 111(a)92 Stat. 897Pub. L. 98–473, title II, § 31198 Stat. 2053Pub. L. 98–573, title II, § 213(a)(4)98 Stat. 2984Pub. L. 101–382, title I, § 122104 Stat. 642Pub. L. 104–237, title II, § 201(c)110 Stat. 3101Pub. L. 114–125, title VIII, § 802(d)(2)130 Stat. 210(, title IV, § 607, ; , ; , title V, § 506, ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)
Editorial Notes
Prior Provisions
act Sept. 21, 1922, ch. 356, title IV, § 60742 Stat. 985Provisions similar to those in this section were contained in , . That section was superseded by section 607 of act , comprising this section, and repealed by section 651(a)(1) of the 1930 act.
act Sept. 21, 1922, ch. 356, title IV, § 64242 Stat. 989Prior provisions for publication or posting of notice of seizure, requiring claimants to appear and file their claim, when the appraised value did not exceed $500, were contained in R.S. § 3075, prior to repeal by , .
Amendments
Pub. L. 104–237, § 201(c)(1)1996—Subsec. (a)(3). , inserted “or listed chemical” after “controlled substance”.
Pub. L. 104–237, § 201(c)(2)section 802 of title 21Subsec. (b). , amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “As used in this section, the term ‘controlled substance’ has the meaning given that term in .”
Pub. L. 101–382, § 122(6)1990—, substituted “$500,000” for “$100,000” in section catchline.
Pub. L. 101–382, § 122(1)Subsec. (a)(1). , substituted “$500,000” for “$100,000”.
Pub. L. 101–382, § 122(2)Subsec. (a)(4). –(4), added par. (4).
Pub. L. 101–382, § 122(5)Subsec. (c). , added subsec. (c).
Pub. L. 98–573Pub. L. 98–4731984— amended section generally. See explanation below for amendment by .
Pub. L. 98–473Pub. L. 98–573 amended section generally in manner substantially identical to amendment by , on which text of section is based. Prior to amendment, section read as follows: “If such value of such vessel, vehicle, merchandise, or baggage does not exceed $10,000, the appropriate customs officer shall cause a notice of the seizure of such articles and the intention to forfeit and sell or otherwise dispose of the same according to law to be published for at least three successive weeks in such manner as the Secretary of the Treasury may direct. For the purposes of this section and sections 1610 and 1612 of this title merchandise the importation of which is prohibited shall be held not to exceed $10,000 in value.”
Pub. L. 95–4101978— substituted “$10,000” for “$2,500” wherever appearing.
Pub. L. 91–2711970— substituted reference to appropriate customs officer for reference to collector, and struck out reference to appraiser’s return of value.
1954—Act , substituted “$2,500” for “$1,000” wherever appearing.
1938—Act , substituted “forfeit and sell or otherwise dispose of the same according to law” for “forfeit and sell the same”.
Statutory Notes and Related Subsidiaries
Change of Name
section 802(d)(2) of Pub. L. 114–125section 211 of Title 6“Commissioner of U.S. Customs and Border Protection” substituted for “Commissioner of Customs” in subsec. (c) on authority of , set out as a note under , Domestic Security.
Effective Date of 1984 Amendment
Pub. L. 98–573section 214(e) of Pub. L. 98–573section 1304 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1970 Amendment
Pub. L. 91–271section 203 of Pub. L. 91–271section 1500 of this titleFor effective date of amendment by , see , set out as a note under .
Effective Date of 1938 Amendment
section 1401 of this titleAmendment by act , effective on thirtieth day following , except as otherwise specifically provided, see section 37 of act , set out as a note under .
Transfer of Functions
section 542 of Title 6Pub. L. 107–296section 211 of Title 6Pub. L. 114–125section 802(b) of Pub. L. 114–125section 211 of Title 6For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under . For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in as of , see , as amended generally by , and , set out as a note under .