§1608. Seizure; claims; judicial condemnation

Any person claiming such vessel, vehicle, aircraft, merchandise, or baggage may at any time within twenty days from the date of the first publication of the notice of seizure file with the appropriate customs officer a claim stating his interest therein. Upon the filing of such claim, and the giving of a bond to the United States in the penal sum of $5,000 or 10 percent of the value of the claimed property, whichever is lower, but not less than $250, with sureties to be approved by such customs officer, conditioned that in case of condemnation of the articles so claimed the obligor shall pay all the costs and expenses of the proceedings to obtain such condemnation, such customs officer shall transmit such claim and bond, with a duplicate list and description of the articles seized, to the United States attorney for the district in which seizure was made, who shall proceed to a condemnation of the merchandise or other property in the manner prescribed by law.

(June 17, 1930, ch. 497, title IV, §608, 46 Stat. 755 ; Pub. L. 91–271, title III, §301(e), June 2, 1970, 84 Stat. 288 ; Pub. L. 98–473, title II, §§312, 321, Oct. 12, 1984, 98 Stat. 2054 , 2056; Pub. L. 98–573, title II, §213(a)(5), Oct. 30, 1984, 98 Stat. 2985 ; Pub. L. 99–570, title I, §1862, Oct. 27, 1986, 100 Stat. 3207–54 ; Pub. L. 100–690, title VII, §7367(c)(2), Nov. 18, 1988, 102 Stat. 4479 .)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in R.S. §3076, which was superseded by act Sept. 21, 1922, ch. 356, title IV, §608, 42 Stat. 985 , and was repealed by section 642 thereof. Section 608 of the 1922 act was superseded by section 608 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act.

Amendments

1988-Pub. L. 100–690 reenacted section without change. See 1984 and 1986 Amendment notes below.

1986-Pub. L. 99–570, §1862(a), substituted "$5,000" for "$2,500". See 1984 Amendment notes below.

Pub. L. 99–570, §1862(b), which provided that "Section 608 of such Act [this section], as enacted by Public Law 98–473, is repealed", was not executed to text because such section was amended (rather than enacted) by Pub. L. 98–473, and to reflect the probable intent of Congress to repeal the amendment made by Pub. L. 98–473 in view of later amendment by Pub. L. 98–573. See 1984 Amendment notes below.

1984-Pub. L. 98–573, §213(a)(5)(B), which directed the insertion of "$2,500 or 10 percent of the value of the claimed property, whichever is lower, but not less than" after "penal sum of", was executed to text as superseding the amendment made by Pub. L. 98–473 to reflect the probable intent of Congress. See 1986 Amendment note above.

Pub. L. 98–473, §312, inserted "$5,000 or 10 per centum of the value of the claimed property, whichever is lower, but not less than," after "penal sum of". See 1984 and 1986 Amendment notes above.

Pub. L. 98–573, §213(a)(5)(A), and Pub. L. 98–473, §321, inserted reference to aircraft.

1970-Pub. L. 91–271 substituted references to appropriate customs officer or such customs officer for references to collector wherever appearing.

Statutory Notes and Related Subsidiaries

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.