CBP Seizure of Imported Vehicles for Forfeiture

The attorneys at Sammis Law Firm have successfully handled many cases involving the seizures of imported vehicles, including Land Rover Defenders from Japan, Turkey, and South Africa, and European countries. CBP might seize the vehicle, alleging it has an aftermarket replacement chassis VIN or altered VIN plates. CBP will claim these allegations are “confirmed” by the US DOT and the vehicle manufacturer.

However, in many cases we’ve handled, those allegations are completely false. We work hard to help our clients get the vehicles back quickly by posting a bond before filing a claim, complaint, and motion for the return of property under Rule 41(g) in the U.S. District Court.

Recent Case Result: Our client’s 1991 Land Rover Defender, a 1993 Land Rover Defender, and a 1994 Land Rover Defender were seized at JAXPORT in Jacksonville, Florida, by U.S. Customs and Border Protection (CBP). We immediately filed a claim for court action and posted the bond. We contacted the Assistant United States Attorney (AUSA) assigned to the case. After negotiating back and forth, and providing documentation showing the allegations were false, the AUSA declined CBP’s request to file a complaint. CBP then released the vehicles to our client. The “notice of seizure” alleged the Land Rover Defenders were subject to forfeiture under the provisions of:

• • 19 USC 1595a(c)(2)(A), 49 USC 30112 – National Highway Traffic Safety Administration Authorization Act/Prohibition on Import; and
  • 19 USC J627a(a)(2), 19 USC 1627a(a)(l)(B), 19 US  1627a(c)(1)- Import of Self-Propelled Vehicles and/or Vehicle Parts With Tampered/Altered Identification Number.

The vehicle owner might learn of the Non-CAFRA seizure for forfeiture from an agent with U.S. Customs and Border Protection (CBP) on the Trade Enforcement Team for the Area Port of Jacksonville, FL (JAXPORT). The port in Jacksonville is one of the largest vehicle-handling ports in the United States and Florida’s largest container port.

Agents with Customs and Border Protection (CBP) seize vehicles for forfeiture for various reasons. When the vehicle is imported into the United States by a company that intends to sell the vehicle, an agent with Customs and Border Protection (CBP) might develop probable cause that the vehicle is subject to forfeiture under 19 U.S.C. §§ 1595a(c) or 1627a(a)(2).

An attorney can help you file a claim for court action and cost bond, which triggers a short deadline for the Assistant United States Attorney to file a complaint for forfeiture in the U.S. District Court. If the AUSA fails to file a complaint for forfeiture within 60 days, your attorney can file a motion to return property under Rule 41(g). See Serrano v. Customs & Border Patrol, U.S. Customs & Border Prot., 975 F.3d 488, 502 (5th Cir. 2020).

CBP inspectors are authorized by federal statute to seize the vehicles under Title 19 U.S.C. § 1595a(c)(2) (“Merchandise introduced contrary to law”), which provides:

Merchandise which is introduced or attempted to be introduced into the United States contrary to law shall be treated as follows: …(2) The merchandise may be seized and forfeited if–(A) its importation or entry is subject to any restriction or prohibition which is imposed by law relating to health, safety, or conservation and the merchandise is not in compliance with the applicable rule, regulation, or statute…”

The CBP inspectors were also authorized to seize the vehicles under the enforcement provisions of the Tariff Act of 1930. Specifically, 19 U.S.C. § 1627a(a)(1)(B) (“Unlawful importation … of certain vehicles; inspections”), provides in relevant part that:

Whoever knowingly imports … or attempts to import …(B) any self-propelled vehicle or part of a self-propelled vehicle from which the identification number has been removed, obliterated, tampered with, or altered …shall be subject to a civil penalty in an amount determined by the Secretary, not to exceed $10,000 for each violation.

In some cases, CBP will offer to settle the case for a fine, the payment of seizure and storage costs, and a stipulation that the owner export the noncomplying vehicles to another country. An attorney can challenge the CBP’s decision by filing a verified claim for court action and cost bond to release the vehicle to the owner without those conditions.

Attorney Fighting CBP Seizures of Imported Vehicles for Forfeiture

If you received a Notice of Seizure and Information to Claimants Non-CAFRA Form (ATT 8-B), it might allege the vehicle was seized and is subject to forfeiture for the following violations:

• 19 U.S.C. 1595a(c)(2)(A) because their importation was contrary to law due to their noncompliance with federal motor vehicle safety standards, including 49 USC 30112 – National Highway Traffic Safety Administration Authorization Act / Prohibition on Import;
• 19 U.S.C. § 1595a(c)(2)(A) because the importation of the vehicle was contrary to law due to the vehicle’s noncompliance with EPA emission requirements; or
• 19 U.S.C. 1627a(a)(2), 19 USC 1627a(a)(1)(B), and 19 USC 1627a(c)(1) because of the import of a vehicle and/or vehicle parts with tampered or altered identification number.

As a general rule, the owner’s knowledge of the violation is not required. Furthermore, non-CAFRA forfeiture actions under Title 19 might not be subject to the innocent owner’s defense found in CAFRA forfeitures.

An experienced attorney can help you negotiate the vehicle’s release with the authorities from CBP, NHTSA, EPA, or the Office of the United States Attorney. Contact an experienced civil asset forfeiture attorney at Sammis Law Firm in Tampa, FL, for more information.

Call 813-250-0500.

Right to File a Rule 41(g) Motion in a Non-CAFRA Case

If you properly file a claim and bond, CBP must promptly refer the case to the United States Attorney for judicial action. CBP might take months to make that referral. After the referral, the Assistant U.S. Attorney might take months to file a complaint.

In those cases, if the claimant properly files a claim and bond requiring the case to be referred promptly, and where the government has failed to take immediate action, filing Rule 41(g) Motion for Return of Property, construed as a civil complaint, would be proper. Serrano v. Customs & Border Patrol, U.S. Customs & Border Prot., 975 F.3d 488, 502 (5th Cir. 2020).

Violations Causing Seizure for Forfeiture of Imported Vehicles

Vehicles imported into the United States are subject to forfeiture to the United States, based in part on the following:

• 49 U.S.C. § 30112(a) details the prohibitions on manufacturing, selling, and importing noncomplying motor vehicles. With certain exceptions, a person may not import into the United States a motor vehicle manufactured after the date that an applicable Federal motor vehicle safety standard has taken effect unless the vehicle complies with the standard and is certified by its original manufacturer as complying with applicable motor vehicle safety standards. This prohibition on importation applies to both new and used motor vehicles. However, there is an exemption for the importation of a vehicle that is at least twenty-five years old. See 49 U.S.C. § 30112(b)(9). Motor vehicles imported in violation of 49 U.S.C. § 30112(a) are subject to forfeiture pursuant to 19 U.S.C. § 1595a(c).

• 19 U.S.C. § 1627a prohibits an individual from knowingly importing a self-propelled vehicle, including an automobile, from which the identification number has been removed, obliterated, tampered with, or altered. See 19 U.S.C. § 1627a(a)(1)(B). If a person knowingly imports an automobile from which the identification number has been removed, obliterated, tampered with, or altered, the automobile is subject to forfeiture. See 19 U.S.C. § 1627a(a)(2).

• 19 U.S.C. § 1595a(c)(2)(A) requires that each vehicle imported into the United States must comply with applicable safety/emission standards and have the requisite certifications.

• 40 C.F.R. § Part 85, Subpart P provides that nonconforming vehicles can only be imported by an EPA-certified Independent Commercial Importer “ICI” who holds a valid certificate of conformity unless an exemption applies.

• 40 C.F.R. § 85.1511(f)(2), designated as Code E on EPA Form 3502-1, provides a declaration that the vehicle is over 20 years old and entitled to exemption from requirements of Clean Air Act if imported by a certificate holder, while Form 3502-1 allows exemption for vehicles 21 years or older in original unmodified configuration, replacement engines must be of the same model.

• 19 C.F.R. § 12.73 sets forth the procedures and requirements for importing vehicles under Clean Air Act regulations.

Additionally, statutorily authorized seizures can arise after a violation of NHTSA regulations governing the declarations that a vehicle importer must make regarding safety, bumper, and theft prevention standards.

The declarations required for importation are listed in 49 C.F.R. § 591.5.

Importing Vehicles More than 25 Years Old

Federal regulations require that “no person shall import a motor vehicle or item of motor vehicle equipment into the United States unless, at the time it is offered for importation, its importer files a declaration …”.

One option for the declaration is that the vehicle is 25 or more years old. 49 C.F.R. § 591.5(i)(1). Vehicles that are 25 years old or older are qualified for an exemption in 49 U.S.C. § 30112(b)(9).

In those cases, the owner file a form with CBP known as the “U.S. Department of Transportation (DOT) National Highway Traffic Safety Administration (NHTSA) Form HS-7 (DeclarationImportation of Motor Vehicles and Motor Vehicle Equipment Subject to Federal Motor Vehicle Safety, Bumper and Theft Prevention Standards).” The exception in 49 U.S.C. § 30112(b)(9) applies to any vehicle that is twenty-five (25) or more years old.

As a general rule, the EPA “age” exemptions only apply to vehicles imported by an EPA-certified Independent Commercial Importer (“ICI”) and/or certificate holders.

This article was last updated on Friday, March 28, 2024.