Interpretation ID: 86-5.42
TYPE: INTERPRETATION-NHTSA
DATE: 11/06/86
FROM: JOHN H. HEINRICH -- DISTRICT DIRECTOR DEPARTMENT OF TREASURY; J. MICHAEL ZEHNER -- CHIEF, FINES, PENALTIES & FORFEITURES DEPARTMENT OF TREASURY
TO: LARRY THUNDERBIRD AND MUSTANG
TITLE: DATE OF VIOLATION: DATE OF SEIZURE: OCTOBER 3, 1986 PORT OF ENTRY: LA/LB DISTRICT: LOS ANGELES
ATTACHMT: ATTACHED TO LETTER DATED 05/13/87; TO WILLIAM E DANNEMEYER FROM ERIKA Z JONES, REDBOOK A30 (2), STD 211; LETTER DATED 05/08/67 TO EARL W KINTNER FROM WILLIAM HADDON; LETTER DATED 05/10/67 TO HAROLD T. HALFPANNY FROM LOWELL K. BRIDWELL; LETTER DATED 04/10/87 TO WILLIAM E. DANNEMEYER FROM EDWARD J. BABBITT; LETTER DATED 03/30/87 TO ED BABBITT, FROM WILLIAM E DANNEMEYER;
TEXT: Gentlemen:
This is to officially notify you that the following merchandise has been seized by the U.S. Customs Service pursuant to the provisions of title 18, United States Code, section 545 and title 19, United States Code, section 1592(c)(5), because of a violation of title 19, United States Code, section 1592(a):
DESCRIPTION
Spinner Hubcaps
QUANTITY
1,000 each
The specific acts or omissions forming the basis for the violation, and the circumstances of entry or introduction, or attempted entry or introduction, of the merchandise into the commerce of the United States are as follows: An examination of entry #86-170313-5 invoiced as 1,000 pcs of "Hub Cap Spinners" revealed the prohibited merchandise of "Spinner Hubcaps." These spinner hubcaps are prohibited by The Department of Transportation's Federal Motor Vehicle Safety Standard 49 CFR 571,211, because they incorporate the use of winged projections constituting a hazard to pedestrians and cyclists. Furthermore, the HS Form 7 included with the entry was checked in the box indicating that the merchandise"... conforms to all applicable safety standards..." which it does not.
Seizure of the above described merchandise is authorized to prevent the introduction of prohibited or restricted merchandise into the Customs territory of the United States.
Subject to certain exceptions described below, the seized merchandise will be released to the person from whom it was seized, or to another person who established a substantial interest in the merchandise to the satisfaction of the District Director of Customs, Los Angeles. To obtain release, the person must deposit security for payment of any claim for a monetary penalty in the form of payment of the specified amount or an irrevocable letter of credit for such amount in a form acceptable to the District Director. The amount of the security deposit is based upon the District Director's preliminary determination of the maximum penalty which may be assessed for the violation according to the degree of culpability believed to be attributable to the violator, as follows:
For violations believed due to negligence, the deposit will be 20 percent of the dutiable value of the merchandise.
The merchandise will be released to a person other than the person from whom it was seized only if the person so requesting release submits an agreement to hold the United States and the officers and employees harmless and a release from the registered owner and / or the person from whom the merchandise was seized. For further information, contact the District Director of Customs at the address stated below.
It has been determined that the merchandise described in this seizure notice will be released upon deposit of the penalty amount of $ 940.00, and all other seizure related charges. The prohibited spinner hubcaps must then be exported to its original country of origin.
Additional information may be obtained from the office of the District Director of Customs at the address and telephone number given below. Your request for release of the merchandise must be accompanied by payment of the amount of the security deposit indicated above or by an irrevocable letter of credit payable on demand to the United States Customs Service for that amount.
Request for release of merchandise or other inquiries should be addressed to District Director of Customs, 300 South Ferry Street, Room 1212, Terminal Island, California 90731 Attn: Fines, Penalties & Forfeitures, (213) 514-6019.
After investigation into the circumstances of the alleged violation as may be necessary, you will be informed of the District Director's determination concerning a claim for monetary penalty and further proceedings in this matter.
Sincerely,