October 2023 — Question 73
Which of the following is the appropriate method to obtain the release of merchandise seized for a violation of 19 USC 1595a(c)(2)(C), as implemented by 19 CFR 133.22?
- AFiling a petition pursuant to 19 CFR Part 171✓ CBP's answer
- BFiling a petition pursuant to 19 CFR Part 172
- CFiling a protest pursuant to 19 CFR Part 174
- DFiling a ruling request pursuant to 19 CFR Part 177
Why this answer
When merchandise is seized, here under 19 U.S.C. 1595a(c) as implemented by the trademark enforcement rules, the avenue for relief is a petition under Part 171, which governs petitions for remission or mitigation of fines, penalties, and forfeitures, and the cited paragraph directs seizure petitions there. Part 172 tempts because it also processes petitions, but it applies to liquidated damages and penalties secured by bonds, not to seized property. A protest under Part 174 challenges listed entry decisions such as classification and liquidation, and Part 177 rulings are prospective interpretive advice, so neither procedure can obtain release of seized goods. Watch for: Filing under Part 172, which covers liquidated damages and penalties, not seizure relief.
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 October 2023 examination.
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