### §1607. Seizure; value $500,000 or less, prohibited merchandise, transporting conveyances

#### (a) Notice of seizure

If—

(1) the value of such seized vessel, vehicle, aircraft, merchandise, or baggage does not exceed $500,000;

(2) such seized merchandise is merchandise the importation of which is prohibited;

(3) such seized vessel, vehicle, or aircraft was used to import, export, transport, or store any controlled substance or listed chemical; or

(4) such seized merchandise is any monetary instrument within the meaning of section 5312(a)(3) of title 31;

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. Written notice of seizure together with information on the applicable procedures shall be sent to each party who appears to have an interest in the seized article.

#### (b) "Controlled substance" and "listed chemical" defined

As used in this section, the terms "controlled substance" and "listed chemical" have the meaning given such terms in section 802 of title 21.

#### (c) Report to Congress

The 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 section 1613b of this title within 120 days of seizure, as of the end of the previous fiscal year.

(June 17, 1930, ch. 497, title IV, §607, 46 Stat. 754; June 25, 1938, ch. 679, §28(a), 52 Stat. 1089; Sept. 1, 1954, ch. 1213, title V, §506, 68 Stat. 1141; Pub. L. 91–271, title III, §301(ee), June 2, 1970, 84 Stat. 291; Pub. L. 95–410, title I, §111(a), Oct. 3, 1978, 92 Stat. 897; Pub. L. 98–473, title II, §311, Oct. 12, 1984, 98 Stat. 2053; Pub. L. 98–573, title II, §213(a)(4), Oct. 30, 1984, 98 Stat. 2984; Pub. L. 101–382, title I, §122, Aug. 20, 1990, 104 Stat. 642; Pub. L. 104–237, title II, §201(c), Oct. 3, 1996, 110 Stat. 3101; Pub. L. 114–125, title VIII, §802(d)(2), Feb. 24, 2016, 130 Stat. 210.)

#### **Editorial Notes**

#### Prior Provisions

Provisions similar to those in this section were contained in act Sept. 21, 1922, ch. 356, title IV, §607, 42 Stat. 985. That section was superseded by section 607 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act.

Prior 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 act Sept. 21, 1922, ch. 356, title IV, §642, 42 Stat. 989.

#### Amendments

1996—Subsec. (a)(3). Pub. L. 104–237, §201(c)(1), inserted "or listed chemical" after "controlled substance".

Subsec. (b). Pub. L. 104–237, §201(c)(2), 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 section 802 of title 21."

1990—Pub. L. 101–382, §122(6), substituted "$500,000" for "$100,000" in section catchline.

Subsec. (a)(1). Pub. L. 101–382, §122(1), substituted "$500,000" for "$100,000".

Subsec. (a)(4). Pub. L. 101–382, §122(2)–(4), added par. (4).

Subsec. (c). Pub. L. 101–382, §122(5), added subsec. (c).

1984—Pub. L. 98–573 amended section generally. See explanation below for amendment by Pub. L. 98–473.

Pub. L. 98–473 amended section generally in manner substantially identical to amendment by Pub. L. 98–573, 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."

1978—Pub. L. 95–410 substituted "$10,000" for "$2,500" wherever appearing.

1970—Pub. L. 91–271 substituted reference to appropriate customs officer for reference to collector, and struck out reference to appraiser's return of value.

1954—Act Sept. 1, 1954, substituted "$2,500" for "$1,000" wherever appearing.

1938—Act June 25, 1938, 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

"Commissioner of U.S. Customs and Border Protection" substituted for "Commissioner of Customs" in subsec. (c) on authority of section 802(d)(2) of Pub. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security.

#### 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.

#### Transfer of Functions

For 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 November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.