Question 34
Domain 5: Penalties, Liquidation, and Post-EntryBy what date must an initial petition for relief in a seizure and a penalty case be filed?
Correct answer: D
Explanation
CBP states that a petition for relief must be filed “within 30 days from the date of mailing of the notice of seizure” in seizure cases and “within 60 days of the mailing of the notice of penalty incurred” in penalty cases. Those deadlines control the filing date for an initial petition for relief.
Why each option is right or wrong
A. Within 60 days of the mailing of the notice of seizure or notice of penalty.
CBP uses different deadlines for seizure and penalty petitions, not one 60-day rule for both.
B. Within 30 days from the date of mailing of the notice of seizure or notice of penalty.
The seizure petition deadline is 30 days, but penalty petitions allow 60 days.
C. For seizure cases, within 60 days of the date of mailing of the notice of seizure, and for penalty cases, within 30 days from the date of mailing of the notice of penalty.
The deadlines are reversed: seizure cases are 30 days, penalty cases are 60 days.
D. For seizure cases, within 30 days from the date of mailing of the notice of seizure, and for penalty cases, within 60 days of the mailing of the notice of penalty incurred.
19 CFR Part 171 governs petitions for relief in seizure and penalty matters, and CBP’s filing deadlines run from the date the notice is mailed, not the date it is received. Under 19 CFR 171.2(b), a petition in a seizure case must be filed within 30 days after mailing of the notice of seizure, while a petition in a penalty case must be filed within 60 days after mailing of the notice of penalty incurred.