Answer first
Core rule
Under 19 U.S.C. § 1618 and Part 171, an interested party may petition for remission or mitigation. A seizure petition ordinarily must be filed within 30 days after mailing of the seizure notice and an unsecured-penalty petition within 60 days after mailing of the penalty notice, subject to exceptions and authorized extensions. Bond liquidated-damages claims and bond-secured penalties instead follow Part 172, ordinarily with a 60-day petition period. Relief is discretionary unless the claim is cancelled because the alleged act or omission did not occur.
Authority and lookup route
Locate the rule before returning to the facts. Links point to government or official publications.
Reference lookup task
Make a petition decision tree beginning with notice type. Include 30-day seizure, 60-day unsecured penalty, Part 172 bond claim, shortened limitations-period notice, extension request, supplemental petition, and oral presentation branches.
Route: Notice type → Part 171 or Part 172 → deadline and office → required content → decision and supplement
Worked example
A penalty notice is mailed to an importer. The importer files a complete petition with the named FP&F office 45 days later, explaining both why no violation occurred and, alternatively, why mitigation is warranted. Is the petition ordinarily timely?
- 1Identify the notice as a penalty notice, not a seizure notice.
- 2Apply the ordinary 60-day period in § 171.2(b)(2); day 45 is within it, absent a valid shorter period under the stated exception.
- 3Analyze cancellation and discretionary mitigation separately and support both with evidence.
Conclusion: Yes, ordinarily. Filing on day 45 falls within the usual 60-day penalty-petition period, but timeliness does not guarantee cancellation or mitigation.
Common traps
- Applying the 30-day seizure-petition period to a penalty notice, or vice versa.
- Using Part 171 for a liquidated-damages claim or bond-secured penalty governed by Part 172.
- Sending the petition to an office other than the one identified in the notice without checking the rule.
- Arguing only hardship when evidence could show that the alleged violation never occurred.
- Treating mitigation guidelines as a guaranteed entitlement or ignoring conditions attached to relief.