CHOOSING THE FORFEITURE PROCEDURE
A petition and a claim are not interchangeable. A petition asks CBP to exercise administrative discretion to remit or mitigate forfeiture. In qualifying nonjudicial civil-forfeiture cases, a claim contests the forfeiture and requires the government to proceed toward a judicial forfeiture action.
Under 19 C.F.R. Part 171, a petition asks CBP for remission or mitigation based on the circumstances of the seizure or violation.
The petition route asks the agency for relief; it does not itself require a federal court to determine forfeiture.
For property seized in a nonjudicial civil-forfeiture proceeding covered by 19 C.F.R. §162.94, a person claiming the property may file a claim instead of filing a Part 171 petition.
Section 162.94 states that, unless additional time is provided, a claim for covered seized property must be filed within 35 calendar days after the Notice of Seizure is mailed.
If the notice is not received, the regulation provides a separate deadline tied to final publication.
Current §162.94 expressly states that a person may make a qualifying claim without posting a bond.
The claim must identify the specific property, state the claimant’s interest in the property and be made under oath subject to penalty of perjury.
Section 162.94 provides that the government generally must file an appropriate forfeiture complaint within 90 calendar days after a qualifying claim is filed, subject to statutory and court-authorized exceptions or extensions.
19 C.F.R. §162.91 excludes specified categories of forfeitures from the Civil Asset Forfeiture Reform Act procedures in that subpart. The owner should therefore confirm from the Notice of Seizure which claim procedure actually applies before relying on the 35-day rule.
The Notice of Seizure and governing statute control. Do not assume every customs seizure follows the identical claim procedure.
A petition and claim can send the case down materially different paths. The strategic choice can depend on the strength of ownership evidence, legal basis for forfeiture, value of the property, available defenses and whether administrative compromise or judicial review is preferred.
No. A petition seeks administrative remission or mitigation. A qualifying claim contests forfeiture and can require the government to proceed judicially.
No. The 35-day rule in §162.94 applies to the covered nonjudicial civil-forfeiture procedure. The actual Notice and governing statute must be reviewed.
No. The current regulation states that no bond is required for a claim under that section.
These government materials provide the principal CBP seizure, petition and forfeiture procedures discussed on this page.
The deadlines and legal consequences of a petition and a claim are different, and the choice can determine whether the matter remains administrative or moves toward federal court.