---
kind: "section"
citation: "19 C.F.R. § 163.10"
title: "19"
number: "163.10"
heading: "Failure to comply with court order; penalties."
url: "https://uscodex.org/cfr/19/163.10"
---

# §163.10. Failure to comply with court order; penalties.

- (a) **Monetary penalties.** The U.S. district court for any judicial district in which a person served with a Customs summons is found or resides or is doing business may order such person to comply with the summons. Upon the failure of a person to obey a court order to comply with a Customs summons, the court may find such person in contempt and may assess a monetary penalty.
- (b) **Importations prohibited.** If a person fails to comply with a court order to comply with a Customs summons and is adjudged guilty of contempt, the Commissioner of Customs, with the approval of the Secretary of the Treasury, for so long as that person remains in contempt:
  - (1) May prohibit importation of merchandise by that person, directly or indirectly, or for that person's account; and
  - (2) May withhold delivery of merchandise imported by that person, directly or indirectly, or for that person's account.
- (c) **Sale of merchandise.** If any person remains in contempt for more than 1 year after the Commissioner issues instructions to withhold delivery under [paragraph (b)(2)](#b-2) of this section, the merchandise shall be considered abandoned and shall be sold at public auction or otherwise disposed of in accordance with [subpart E of part 162](/cfr/19/part162-subpartE.md) of this chapter.

## Notes

### Authority

Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1484, 1508, 1509, 1510, 1624. Section 163.2 also issued under 19 U.S.C. 3904, 3907.

### Source

Source: T.D. 98-56, 63 FR 32946, June 16, 1998, unless otherwise noted.