Public Law 119-73 (01/23/2026)

19 U.S.C. § 1612

Seizure; summary sale

(a)
section 1607 of this titlesection 1607 of this title 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 , 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 , 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. 49746 Stat. 755June 25, 1948, ch. 646, § 162 Stat. 869Sept. 1, 1954, ch. 121368 Stat. 1141Pub. L. 91–271, title III, § 301(ff)84 Stat. 291Pub. L. 95–410, title I, § 111(c)92 Stat. 898Pub. L. 98–473, title II, § 31598 Stat. 2054Pub. L. 98–573, title II, § 213(a)(9)98 Stat. 2985Pub. L. 100–690, title VII, § 7367(c)(4)102 Stat. 4480Pub. L. 103–182, title VI, § 667107 Stat. 2215(, title IV, § 612, ; , ; , title V, § 506, ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

Prior Provisions

act Sept. 21, 1922, ch. 356, title IV, § 61242 Stat. 986Provisions similar to those in this section were contained in , . That section was superseded by section 612 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. 989Provisions concerning the sale of property liable to perish or waste, etc., were contained in R.S. § 3080, prior to repeal by , .

Amendments

Pub. L. 103–182, § 667(1)1993—Subsec. (a). , 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”.

Pub. L. 103–182, § 667(2)Subsec. (b). , 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.”

Pub. L. 100–6901988— reenacted section substantially without change.

Pub. L. 98–573section 1607 of this titlesection 1606 of this titlesection 1607 of this title1984—Subsec. (a). 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 ” for “as determined under , does not exceed $10,000”, “If such vessel” for “If such value of such vessel”, and “baggage is not subject to ,” for “baggage exceeds $10,000”, and added subsec. (b).

Pub. L. 98–473Pub. L. 98–573 amended section in manner substantially identical to amendment by , but did not add a subsec. (b) or provisions similar thereto.

Pub. L. 95–4101978— substituted “$10,000” for “$2,500” wherever appearing.

Pub. L. 91–2711970— 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 , substituted “$2,500” for “$1,000” wherever appearing.

Statutory Notes and Related Subsidiaries

Change of Name

section 541 of Title 28Act , eff. , substituted “United States attorney” for “United States district attorney”. See , Judiciary and Judicial Procedure, and Historical and Revision Note thereunder.

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 .

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 .