Fines, Penalties & Forfeitures
April 2018 — Question 68
Blue-sky customs broker is filing a petition for the restoration of sale under section 613, Tariff Act of 1920, as amended. Blue-sky’s petition must be file
- Awithin 60 days when Blue-sky is notified in writing
- Bwithin 120 days when Blue-sky is notified in writing
- Cwithin1 month after the date of sale
- Dwithin 3 months after the date of sale✓ CBP's answer
- Eno time limit is required.
Why this answer
Section 613 of the Tariff Act lets a person with an interest in property that has been sold petition for restoration of the proceeds of sale, and 19 CFR 171.42 as tested requires that petition to be filed within three months after the date of sale. The clock runs from the sale itself, not from any written notification, so the 60-day and 120-day options tied to written notice import a trigger the rule does not use, and the one-month option simply shortens the true period. The notice-based options tempt because other part 171 deadlines, like the seizure petition period, do run from mailed notice. Watch for: Running the deadline from written notice rather than from the date of the sale itself.
Original CBLE Simulator explanation — the question and key above are CBP's; this analysis is ours. Verify against the current edition before relying on it in practice.
CBP's cited authority
Answer and citations as published in CBP's official answer key for the April 2018 examination.
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