Sec. 203. Summary forfeiture of certain merchandise
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Section 596 of the Tariff Act of 1930 ( 19 U.S.C. 1595a ) is amended— by adding at the end the following: Merchandise described in paragraph
(2)may be summarily forfeited to the United States and title shall vest immediately in the United States. Merchandise is described in this paragraph if— in the case of merchandise being imported or attempted to be imported, an administrative exemption under section 321(a)(2)(C) is claimed with respect to the merchandise; or in the case of merchandise being exported or sent or attempted to be exported or sent from the United States, the aggregate value of the shipment of the merchandise at the time the merchandise is exported or sent from the United States or attempted to be exported or sent from the United States is equal to or less than $800; and the merchandise is— a controlled substance, as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ), in schedule III, IV, or V under section 202 of that Act ( 21 U.S.C. 812 ), imported or exported contrary to law and seized under subsection (c)(1)(B) or (d); merchandise— that is— subject to any restriction or prohibition on its importation under section 536 or 801 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360mm and 381); and is not in compliance, as applicable, with the Federal Food and Drug Cosmetic Act ( 21 U.S.C. 301 et seq. ) or section 351 or 361 of the Public Health Service Act (42 U.S.C. 262 and 264); and seized under subsection (c)(2)(A) or (d); or merchandise that— bears a counterfeit mark or otherwise infringes a copyright; or is capable of circumventing technological measures for protection of a copyright; and is seized under subparagraph
(C)or
(G)of subsection (c)(2) or subsection (d). In any case in which merchandise is summarily forfeited pursuant to this subsection, U.S. Customs and Border Protection shall notify the carrier of the merchandise in such form and manner as the Secretary shall prescribe by regulation, which may include communication through an authorized electronic data interchange system. Nothing in this subsection may be construed to affect the discretion of the Commissioner to impose a penalty as provided by law instead of using the authority provided by paragraph (1). ; and in the section heading, by inserting after and exportation . importation Section 607 of the Tariff Act of 1930 ( 19 U.S.C. 1607 ) is amended— in subsection (a), in the flush text following paragraph (4), by inserting subject to subsection (d), before the appropriate customs officer ; and by adding at the end the following: In the case of merchandise seized under section 526(e) or subject to summary forfeiture under section 596(e)— the provisions of subsection
(a)shall not apply; and the merchandise may be summarily forfeited and title shall vest immediately in the United States pursuant to such regulations as the Secretary shall prescribe. .
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Sec. 203
Summary forfeiture of certain merchandise
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