US (United States) Code. Title 19. Chapter 3: The Tariff and related provisions

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Customs duties

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19 USC CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

.

-HEAD-

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

-MISC1-

SUBTITLE I - DUTIABLE LIST

Sec.

121. Repealed.

SUBTITLE II - FREE LIST

122. Repealed.

SUBTITLE III - SPECIAL PROVISIONS

CUBA AND CANAL ZONE

123 to 125. Repealed, Transferred, or Omitted.

126. Imports from Canal Zone.

COUNTERVAILING AND DISCRIMINATING DUTY

127. Repealed.

128. Discriminating duty on goods imported in foreign vessels or

from foreign countries; exception.

129. Discriminating duties.

COUNTRY OF ORIGIN

130. Importation only in vessels of United States or of country of

origin.

131. Vessels, goods, etc., of nations not maintaining similar

regulations; vessels of citizens of the United States.

132, 133. Repealed.

MEDICINAL PREPARATIONS

134. Repealed.

IMPORTATIONS PROHIBITED

135 to 143. Repealed.

SPECIAL PROVISIONS FOR ADMISSION OR WITHDRAWAL FROM BONDED

WAREHOUSE WITHOUT PAYMENT OF DUTY

144. Repealed.

144a. Entry under bond of exhibits of arts, sciences, and

industries, and products of soil, mine, and sea.

145 to 147. Repealed.

BONDED WAREHOUSES

148 to 150. Repealed.

151. Bonded warehouses for storage and cleansing of imported

garbanzo; withdrawals.

DRAWBACKS

152 to 152b. Repealed.

REIMPORTING EXPORTED ARTICLES

153. Repealed.

EQUALIZING PRODUCTION COSTS

154 to 159. Repealed.

ANTIDUMPING

160 to 171. Repealed.

ADDITIONAL DEFINITIONS

172. Omitted.

RULES AND REGULATIONS

173. Omitted.

UNFAIR METHODS OF COMPETITION AND IMPORTATION UNLAWFUL

174 to 180. Repealed.

IMPORTS FROM COUNTRIES MAKING DISCRIMINATIONS

181. Exclusion of imports from countries making discriminations.

182 to 190. Repealed.

SPECIAL PROVISIONS

191 to 196a. Repealed.

PAYMENT OF DUTY

197. Duties, how payable.

198. Certified checks; receivable for all public dues; lien for

payment of.

199. Judgments, how payable.

SUBTITLE IV - CUSTOMS ADMINISTRATION

ADMINISTRATIVE PROVISIONS

PART 1 - DEFINITIONS

231. Repealed.

232. ''Port'' defined.

233. Departure from prescribed forms.

234 to 239. Repealed.

240. Value at date of shipment.

PART 2 - REPORT, ENTRY, AND UNLADING OF VESSELS AND VEHICLES

241 to 266. Repealed or Omitted.

267. Overtime and premium pay for customs officers.

(a) Overtime pay.

(b) Premium pay for customs officers.

(c) Limitations.

(d) Regulations.

(e) Definitions.

267a. Foreign language proficiency awards.

268 to 282. Repealed.

283. Duty on saloon stores.

284 to 287. Repealed.

288. Documented vessels.

289 to 292. Repealed.

293. Documented vessels touching at foreign ports.

294. No duty by reason of documented vessel touching at foreign

port.

PART 3 - ASCERTAINMENT, COLLECTION, AND RECOVERY OF DUTIES

331 to 337. Repealed.

338. Indorsement upon invoice; port of entry.

339. Restriction on consular certificates.

340. Consuls to exact proof of invoice.

341. Fraudulent practices; consul's report.

342 to 390. Repealed.

391. Ascertainment of duties on grain.

392 to 420. Repealed or Omitted.

PART 4 - TRANSPORTATION IN BOND AND WAREHOUSING OF MERCHANDISE

451 to 459. Repealed.

460. Retention of distilled spirits, wines, etc., in warehouse

during prohibitory period.

461 to 466. Repealed.

467. Imported distilled spirits, wines, or malt liquors;

regulations for marks, brands, and stamps or devices on bulk

containers; forfeitures.

468. Stamps and brands effaced on emptying packages of imported

liquors.

469. Dealing in or using empty stamped imported liquor containers.

471 to 475. Repealed.

PART 5 - ENFORCEMENT PROVISIONS

481. Repealed.

482. Search of vehicles and persons.

483 to 506. Repealed.

507. Officers to make character known; assistance for officers.

508. Persons making seizures pleading general issue and proving

special matter.

509 to 526. Repealed.

527. Sums received from fines and other receipts covered into

Treasury.

528. Appropriate customs officer to receive amount recovered.

529 to 534. Repealed or Omitted.

535. Compulsory production of books, invoices, or papers.

536. Repealed.

537. Officers, informers, and defendants as witnesses.

538, 539. Repealed.

540. President may use suitable vessels for enforcing customs laws.

541, 542. Repealed.

PART 6 - GENERAL PROVISIONS

571 to 573. Repealed.

574. Exemption from taking other oaths.

575 to 579. Repealed.

580. Interest in suits on bonds for recovery of duties.

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19 USC SUBTITLE I - DUTIABLE LIST 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE I - DUTIABLE LIST

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SUBTITLE I - DUTIABLE LIST

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19 USC Sec. 121 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE I - DUTIABLE LIST

-HEAD-

Sec. 121. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Section, act Sept. 21, 1922, ch. 356, title I, Sec. 1, 42 Stat.

858, related to articles dutiable, rates and schedules.

Corresponding provisions of Tariff Act of 1930, see section 1202 of

this title.

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19 USC SUBTITLE II - FREE LIST 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE II - FREE LIST

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SUBTITLE II - FREE LIST

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19 USC Sec. 122 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE II - FREE LIST

-HEAD-

Sec. 122. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Section, act Sept. 21, 1922, ch. 356, title II, Sec. 201, 42

Stat. 922, related to the free list. Corresponding provisions of

Tariff Act of 1930, see section 1202 of this title.

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19 USC SUBTITLE III - SPECIAL PROVISIONS 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

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SUBTITLE III - SPECIAL PROVISIONS

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19 USC Cuba and Canal Zone 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Cuba and Canal Zone

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Cuba and Canal Zone

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19 USC Sec. 123 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Cuba and Canal Zone

-HEAD-

Sec. 123. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Section, act Sept. 21, 1922, ch. 356, title III, Sec. 301, 42

Stat. 934, related to duties upon articles coming from or imported

into Philippine Islands. Corresponding provisions of Tariff Act of

1930 were covered by section 1301 of this title (repealed). See

section 1202 of this title, chapter 15 of Title 22, Foreign

Relations and Intercourse, sections 5001, 5007 of Title 26,

Internal Revenue Code, and section 734 of Title 48, Territories and

Insular Possessions.

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19 USC Sec. 123a 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Cuba and Canal Zone

-HEAD-

Sec. 123a. Transferred

-COD-

CODIFICATION

Provisions of this section, act Mar. 8, 1902, ch. 140, Sec. 4, 32

Stat. 54, were transferred to section 3343(b) of Title 26, Internal

Revenue Code of 1939, and were repealed by act Apr. 30, 1946, ch.

244, title V, Sec. 506(b), 60 Stat. 157, eff. July 4, 1946.

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19 USC Sec. 124, 125 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Cuba and Canal Zone

-HEAD-

Sec. 124, 125. Omitted

-COD-

CODIFICATION

Sections 124 and 125, sections 1 and 2 of act Dec. 17, 1903, ch.

1, 33 Stat. 3, relating to the admission of goods from Cuba at a

reduced rate, and with no additional charges, so long as the

Convention between the United States and Cuba, signed on the 11th

day of December, 1902, shall remain in force, were omitted in view

of the termination of such convention on August 21, 1963, pursuant

to notice given by the United States on Aug. 21, 1962 (see Bevans,

Treaties and Other International Agreements of the United States of

America, 1776-1949, vol. VI, page 1106), and in view of section

401 of Pub. L. 87-456, title IV, May 24, 1962, 76 Stat. 78, set out

as a note under section 1351 of this title, which designated Cuba

as a nation dominated or controlled by the foreign government or

foreign organization controlling the world communist movement.

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19 USC Sec. 126 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Cuba and Canal Zone

-HEAD-

Sec. 126. Imports from Canal Zone

-STATUTE-

All laws affecting imports of articles, goods, wares, and

merchandise and entry of persons into the United States from

foreign countries shall apply to articles, goods, wares, and

merchandise and persons coming from the Canal Zone, Isthmus of

Panama, and seeking entry into any State or Territory of the United

States or the District of Columbia.

-SOURCE-

(Mar. 2, 1905, ch. 1311, 33 Stat. 843.)

-REFTEXT-

REFERENCES IN TEXT

For definition of Canal Zone, referred to in text, see section

3602(b) of Title 22, Foreign Relations and Intercourse.

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19 USC Countervailing and Discriminating Duty 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Countervailing and Discriminating Duty

.

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Countervailing and Discriminating Duty

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19 USC Sec. 127 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Countervailing and Discriminating Duty

-HEAD-

Sec. 127. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Section, act Sept. 21, 1922, ch. 356, title III, Sec. 303, 42

Stat. 935, related to countervailing duty upon articles on which

export bounty had been paid. Corresponding provisions of Tariff

Act of 1930, see section 1303 of this title.

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19 USC Sec. 128 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Countervailing and Discriminating Duty

-HEAD-

Sec. 128. Discriminating duty on goods imported in foreign vessels

or from foreign countries; exception

-STATUTE-

A discriminating duty of 10 per centum ad valorem, in addition to

the duties imposed by law, shall be levied, collected, and paid on

all goods, wares, or merchandise which shall be imported in vessels

not of the United States, or which being the production or

manufacture of any foreign country not contiguous to the United

States, shall come into the United States from such contiguous

country; but this discriminating duty shall not apply to goods,

wares, or merchandise which shall be imported in vessels not of the

United States entitled at the time of such importation by treaty or

convention or Act of Congress to be entered in the ports of the

United States on payment of the same duties as shall then be

payable on goods, wares, and merchandise imported in vessels of the

United States, nor to goods, wares, and merchandise imported in a

vessel owned by citizens of the United States but not a vessel of

the United States if such vessel after entering an American port

shall, before leaving the same, be documented under chapter 121 of

title 46, nor to such foreign products or manufactures as shall be

imported from such contiguous countries in the usual course of

strictly retail trade.

-SOURCE-

(Oct. 3, 1913, ch. 16, Sec. IV, J, subsec. 1, 38 Stat. 195; Mar. 4,

1915, ch. 171, Sec. 1, 38 Stat. 1193; June 17, 1930, ch. 497, title

IV, Sec. 651(d), 46 Stat. 763; Pub. L. 103-182, title VI, Sec.

689(a)(1), Dec. 8, 1993, 107 Stat. 2222.)

-COD-

CODIFICATION

Section is a composite of acts Oct. 3, 1913, ch. 16, and Mar. 4,

1915, ch. 171, as amended. The words ''nor to goods, wares, and

merchandise imported in a vessel owned by citizens of the United

States but not a vessel of the United States if such vessel after

entering an American port shall, before leaving the same, be

documented under chapter 121 of title 46,'' are based on the

nonspecific amendment of act Oct. 3, 1913, by act Mar. 4, 1915, as

amended.

Section is also classified in part to section 146 of the Appendix

to Title 46, Shipping.

-MISC3-

AMENDMENTS

1993 - Pub. L. 103-182, which directed the amendment of act Oct.

3, 1913, by substituting ''documented under chapter 121 of title

46,'' for ''registered as a vessel of the United States,'', was

executed by making the substitution in that part of this section

comprised of provisions of act Mar. 4, 1915. See Codification note

above.

AMENDMENT OR REPEAL; EXCEPTION

Section is expressly excepted from amendment or repeal by the

Tariff Act of 1930 (act June 17, 1930, ch. 497, title IV, 46 Stat.

763) by section 651(d) of that act which is classified to section

1651(d) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 130, 1651 of this title.

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19 USC Sec. 129 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Countervailing and Discriminating Duty

-HEAD-

Sec. 129. Discriminating duties

-STATUTE-

No part of the additional or discriminating duty imposed by law

on merchandise on account of its importation in foreign vessels

shall be allowed to be drawback, but the whole shall be retained.

-SOURCE-

(R.S. Sec. 3027.)

-COD-

CODIFICATION

R.S. Sec. 3027 derived from acts May 13, 1800, ch. 64, Sec. 2, 2

Stat. 83; Aug. 30, 1842, ch. 270, Sec. 15, 5 Stat. 563.

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19 USC Country of Origin 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Country of Origin

.

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Country of Origin

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19 USC Sec. 130 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Country of Origin

-HEAD-

Sec. 130. Importation only in vessels of United States or of

country of origin

-STATUTE-

No goods, wares, or merchandise, unless in cases provided for by

treaty, shall be imported into the United States from any foreign

port or place, except in vessels of the United States, or in such

foreign vessels as truly and wholly belong to the citizens or

subjects of that country of which the goods are the growth,

production, or manufacture, or from which such goods, wares, or

merchandise can only be, or most usually are, first shipped for

transportation. All goods, wares, or merchandise imported contrary

to this section or section 128 of this title, and the vessel

wherein the same shall be imported, together with her cargo,

tackle, apparel, and furniture, shall be forfeited to the United

States; and such goods, wares, or merchandise, ship, or vessel, and

cargo shall be liable to be seized, prosecuted, and condemned in

like manner, and under the same regulations, restrictions, and

provisions as have been heretofore established for the recovery,

collection, distribution, and remission of forfeitures to the

United States by the several revenue laws.

-SOURCE-

(Oct. 3, 1913, ch. 16, Sec. IV, J, subsec. 2, 38 Stat. 196; June

17, 1930, ch. 497, title IV, Sec. 651(d), 46 Stat. 763.)

-MISC1-

AMENDMENT OR REPEAL; EXCEPTION

Section is expressly excepted from repeal or amendment by the

Tariff Act of 1930 (act June 17, 1930, ch. 497, title IV, 46 Stat.

763) by section 651(d) of that act which is classified to section

1651(d) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 131, 1651 of this title.

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19 USC Sec. 131 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Country of Origin

-HEAD-

Sec. 131. Vessels, goods, etc., of nations not maintaining similar

regulations; vessels of citizens of the United States

-STATUTE-

Section 130 of this title shall not apply to vessels or goods,

wares, or merchandise imported in vessels of a foreign nation which

does not maintain a similar regulation against United States

documented vessels nor to any vessel owned by citizens of the

United States but not a vessel of the United States if such vessel

after entering an American port shall, before leaving the same, be

documented under chapter 121 of title 46.

-SOURCE-

(Oct. 3, 1913, ch. 16, Sec. IV, J, subsec. 3, 38 Stat. 196; Mar. 4,

1915, ch. 171, Sec. 1, 38 Stat. 1193; June 17, 1930, ch. 497, title

IV, Sec. 651(d), 46 Stat. 763; Pub. L. 103-182, title VI, Sec.

689(a)(2), Dec. 8, 1993, 107 Stat. 2222.)

-COD-

CODIFICATION

Section is a composite of acts Oct. 3, 1913, ch. 16, and Mar. 4,

1915, ch. 171, as amended. The words ''nor to any vessel owned by

citizens of the United States but not a vessel of the United States

if such vessel after entering an American port shall, before

leaving the same, be documented under chapter 121 of title 46'' are

based on the nonspecific amendment of act Oct. 3, 1913, by act Mar.

4, 1915, as amended.

-MISC3-

AMENDMENTS

1993 - Pub. L. 103-182, Sec. 689(a)(2)(B), which directed the

amendment of act Oct. 3, 1913, by substituting ''documented under

chapter 121 of title 46'' for ''registered as a vessel of the

United States'', was executed by making the substitution in that

part of this section comprised of provisions of act Mar. 4, 1915.

See Codification note above.

Pub. L. 103-182, Sec. 689(a)(2)(A), substituted ''United States

documented vessels'' for ''vessels of the United States''.

AMENDMENT OR REPEAL; EXCEPTION

Section is expressly excepted from amendment or repeal by the

Tariff Act of 1930 (act June 17, 1930, ch. 497, title IV, 46 Stat.

763) by section 651(d) of that act which is classified to section

1651(d) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1651 of this title.

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19 USC Sec. 132, 133 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Country of Origin

-HEAD-

Sec. 132, 133. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762

-MISC1-

Sections, act Sept. 21, 1922, ch. 356, title III, Sec. 304(a),

(b), 42 Stat. 936, related to marking imported articles and

packages to indicate country of origin and penalty for violation of

same.

Corresponding provisions of Tariff Act of 1930, see section 1304

of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective sixty days after enactment of repealing act.

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19 USC Medicinal Preparations 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Medicinal Preparations

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-HEAD-

Medicinal Preparations

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19 USC Sec. 134 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Medicinal Preparations

-HEAD-

Sec. 134. Repealed. Aug. 8, 1953, ch. 397, Sec. 4(b), 67 Stat. 509

-MISC1-

Section, R.S. Sec. 2934, required that imported medicinal

preparations be marked with the name of the true manufacturer and

the place where they were prepared, and provided for forfeiture in

the absence of such names. Present provisions relating to the

regulation and control of drugs are contained in section 351 et

seq., of Title 21, Food and Drugs.

EFFECTIVE DATE OF REPEAL; SAVINGS PROVISION

Repeal effective on and after thirtieth day following Aug. 8,

1953, and savings provision, see notes set out under section 258 of

this title.

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19 USC Importations Prohibited 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Importations Prohibited

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-HEAD-

Importations Prohibited

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19 USC Sec. 135 to 143 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Importations Prohibited

-HEAD-

Sec. 135 to 143. Repealed. June 17, 1939, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Sections, act Sept. 21, 1922, ch. 356, title III, Sec. 305(a),

(c), 306(a)-(c), 307, title IV, Sec. 526(a)-(c), 42 Stat. 936, 937,

975, related to prohibitions on importation of obscene books, neat

cattle, convict goods, merchandise bearing trade marks owned by

citizens and enforcement provisions.

Provisions of Tariff Act of 1930 corresponding to section 135,

see section 1305 of this title; section 136, see section 1305;

section 137, see section 1306; section 138, none; section 139,

none; section 140, see section 1307; section 141, see section

1526(a); section 142, see section 1526(b); section 143, see section

1526(c).

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19 USC Special Provisions for Admission or Withdrawal

From Bonded Warehouse Without Payment of

Duty 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Special Provisions for Admission or Withdrawal From Bonded

Warehouse Without Payment of Duty

.

-HEAD-

Special Provisions for Admission or Withdrawal From Bonded

Warehouse Without Payment of Duty

-CITE-

19 USC Sec. 144 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Special Provisions for Admission or Withdrawal From Bonded

Warehouse Without Payment of Duty

-HEAD-

Sec. 144. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Section, act Sept. 21, 1922, ch. 356, title III, Sec. 308, 42

Stat. 938, related to admission without payment of duty under bond

for exportation.

-CITE-

19 USC Sec. 144a 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Special Provisions for Admission or Withdrawal From Bonded

Warehouse Without Payment of Duty

-HEAD-

Sec. 144a. Entry under bond of exhibits of arts, sciences, and

industries, and products of soil, mine, and sea

-STATUTE-

All articles which shall be imported from foreign countries for

the sole purpose of exhibition or display at a permanent exhibition

or exhibitions and/or at a temporary exhibition or exhibitions of

the arts, sciences, and industries, and products of the soil, mine,

and sea, to be held at any time and from time to time by

Rockefeller Center (Incorporated), a corporation organized under

the laws of the State of New York, and/or by its tenants or

licensees in a building or buildings to be owned by Rockefeller

Center (Incorporated), and to be a part of and to be known as

Rockefeller Center and to be located between Fifth and Sixth

Avenues and Forty-eighth and Fifty-first Streets, in the Borough of

Manhattan, city and State of New York, upon which articles there

shall be a tariff or customs duty, shall be admitted free of such

tariff, customs duty, fees, or charges under such regulations as

the Secretary of the Treasury shall prescribe; but it shall be

lawful, at any time during or at the close of any exhibition held

pursuant to this section, to sell for delivery at the close thereof

any goods or property imported for and actually displayed at such

exhibition, subject to such regulations for the security of the

revenue and for the collection of import duties as the Secretary of

the Treasury shall prescribe: Provided, That all such articles,

when sold or withdrawn for consumption or use in the United States,

shall be subject to the duty, if any, imposed upon such articles by

the revenue laws in force at the date of their withdrawal and to

the requirements of the tariff laws in effect at such date: And

provided further, That Rockefeller Center (Incorporated) shall be

deemed, for customs purposes only, to be the sole consignee of all

merchandise imported under the provisions of this section, and that

all necessary governmental expenses incurred as a result of

exhibitions authorized under this section, including salaries of

customs officials in charge of imported articles, shall be paid to

the Treasury of the United States by Rockefeller Center

(Incorporated) under regulations to be prescribed by the Secretary

of the Treasury: And provided further, That all such articles

shall, at the expiration of two years, be subject to the impost

duty then in force, unless the same shall have been sold or

exported from this country prior to that period of time: And

provided further, That nothing in this section contained shall be

construed as an invitation, express or implied, from the Government

of the United States to any foreign government, state,

municipality, corporation, partnership, or individual to import any

articles for the purpose of exhibition at the said exhibitions.

-SOURCE-

(July 19, 1932, ch. 511, 47 Stat. 705.)

-MISC1-

IMMUNITY FROM SEIZURE UNDER JUDICIAL PROCESS OF CULTURAL OBJECTS

IMPORTED FOR TEMPORARY EXHIBITION OR DISPLAY

Presidential determination of cultural significance of objects

and exhibition or display thereof in the national interest, see

section 2459 of Title 22, Foreign Relations and Intercourse.

-CITE-

19 USC Sec. 145 to 147 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Special Provisions for Admission or Withdrawal From Bonded

Warehouse Without Payment of Duty

-HEAD-

Sec. 145 to 147. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Section 145, acts June 26, 1884, ch. 121, Sec. 16, 23 Stat. 57;

June 19, 1886, ch. 421, Sec. 15, 24 Stat. 82; July 24, 1897, ch.

11, Sec. 14, 30 Stat. 207, related to supplies for vessels in

foreign trade or trade between Atlantic and Pacific. See section

1309 of this title.

Section 146, act Sept. 21, 1922, ch. 356, title III, Sec. 309, 42

Stat. 938, related to supplies to war vessels free of duty. See

section 1309 of this title.

Section 147, act Sept. 21, 1922, ch. 356, title III, Sec. 310, 42

Stat. 938, related to admission free of duty of merchandise of

sunken and abandoned vessels. See section 1310 of this title.

-CITE-

19 USC Bonded Warehouses 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Bonded Warehouses

.

-HEAD-

Bonded Warehouses

-CITE-

19 USC Sec. 148 to 150 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Bonded Warehouses

-HEAD-

Sec. 148 to 150. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Sections, act Sept. 21, 1922, ch. 356, title III, Sec. 311, 312,

42 Stat. 938-940, related to bonded manufacturing and smelting

warehouses and enforcement provisions. Provisions of Tariff Act of

1930 corresponding to section 148, see section 1311 of this title;

section 149, see section 1312; section 150, see section 1312.

-CITE-

19 USC Sec. 151 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Bonded Warehouses

-HEAD-

Sec. 151. Bonded warehouses for storage and cleansing of imported

garbanzo; withdrawals

-STATUTE-

Under such regulations and conditions as may be prescribed by the

Secretary of the Treasury, bonded warehouses may be established in

which imported Mexican peas, commonly called garbanzo may be

stored, cleaned, repacked or otherwise changed in condition, but

not manufactured, and withdrawn for exportation without the payment

of duty thereon. The whole or any part of such imported garbanzo,

and the waste material and by-products incident to cleaning or

otherwise treating said imported garbanzo, may be withdrawn for

domestic consumption upon the payment on the quantity so withdrawn

of the duty imposed by law on such garbanzo in their condition as

imported. The compensation of customs officers and storekeepers

for all services in the supervision of such warehouses shall be

paid from moneys advanced by the warehouse proprietor to the

appropriate customs officer and be carried in a special account and

disbursed for such purposes, and all expenses incurred shall be

paid by the warehouse proprietor.

-SOURCE-

(June 28, 1916, ch. 180, 39 Stat. 239; Pub. L. 91-271, title III,

Sec. 310, June 2, 1970, 84 Stat. 292.)

-MISC1-

AMENDMENTS

1970 - Pub. L. 91-271 substituted reference to the appropriate

customs officer for reference to the collector of customs.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-271 effective with respect to articles

entered, or withdrawn from warehouse for consumption, on or after

Oct. 1, 1970, and such other articles entered or withdrawn from

warehouse for consumption prior to such date, or with respect to

which a protest has not been disallowed in whole or in part before

Oct. 1, 1970, see section 203 of Pub. L. 91-271, set out as a note

under section 1500 of this title.

-CITE-

19 USC Drawbacks 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Drawbacks

.

-HEAD-

Drawbacks

-CITE-

19 USC Sec. 152 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Drawbacks

-HEAD-

Sec. 152. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Section, act Sept. 21, 1922, ch. 356, title III, Sec. 313, 42

Stat. 940, related to drawbacks on certain articles made from

imported materials. For corresponding provisions of Tariff Act of

1930, see section 1313 of this title.

-CITE-

19 USC Sec. 152a, 152b 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Drawbacks

-HEAD-

Sec. 152a, 152b. Repealed. Oct. 31, 1951, ch. 655, Sec. 56(d), 65

Stat. 729

-MISC1-

Sections, act Mar. 8, 1902, ch. 140, Sec. 6, 7, 32 Stat. 55,

related to drawbacks in connection with articles shipped to, or

reexported to, the Philippines. Prior to this repeal, they had been

omitted in view of the independence of the Philippines.

SAVINGS PROVISION

Subsec. (l) of section 56 of act Oct. 31, 1951, provided that the

repeal of these sections shall not affect any rights or liabilities

existing hereunder on the effective date of such repeal (Oct. 31,

1951).

-CITE-

19 USC Reimporting Exported Articles 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Reimporting Exported Articles

.

-HEAD-

Reimporting Exported Articles

-CITE-

19 USC Sec. 153 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Reimporting Exported Articles

-HEAD-

Sec. 153. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Section, act Sept. 21, 1922, ch. 356, title III, Sec. 314, 42

Stat. 941, related to duty on articles reimported after exportation

free of internal-revenue taxes.

-CITE-

19 USC Equalizing Production Costs 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Equalizing Production Costs

.

-HEAD-

Equalizing Production Costs

-CITE-

19 USC Sec. 154 to 159 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Equalizing Production Costs

-HEAD-

Sec. 154 to 159. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Sections, act Sept. 21, 1922, ch. 356, title III, Sec.

315(a)-(f), 42 Stat. 941-943, related to procedure where duties do

not equalize differences in costs of production in United States

and principal competing country and rules and regulations for entry

and declaration of articles.

Provisions of Tariff Act of 1930 corresponding to section 154,

see section 1336(a) of this title; section 155, see section

1336(b); section 156, see section 1336(e); section 157, none;

section 158, see section 1336(i); section 159, see section 1336(j).

-CITE-

19 USC Antidumping 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Antidumping

.

-HEAD-

Antidumping

-CITE-

19 USC Sec. 160 to 171 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Antidumping

-HEAD-

Sec. 160 to 171. Repealed. Pub. L. 96-39, title I, Sec. 106(a),

July 26, 1979, 93 Stat. 193

-MISC1-

Section 160, acts May 27, 1921, ch. 14, Sec. 201, 42 Stat. 11;

Sept. 1, 1954, ch. 1213, title III, Sec. 301, 68 Stat. 1138; Aug.

14, 1958, Pub. L. 85-630, Sec. 1, 4(b), 72 Stat. 583, 585; Jan. 3,

1975, Pub. L. 93-618, title III, Sec. 321(a), 88 Stat. 2043,

related to initiation of a dumping investigation. See section 1673

et seq. of this title.

Section 161, acts May 27, 1921, ch. 14, Sec. 202, 42 Stat. 11;

Sept. 1, 1954, ch. 1213, title III, Sec. 302, 68 Stat. 1139; Aug.

14, 1958, Pub. L. 85-630, Sec. 2, 4(b), 72 Stat. 583, 585; June 2,

1970, Pub. L. 91-271, title III, Sec. 311, 84 Stat. 292, related to

collection of a special dumping duty. See section 1673 et seq. of

this title.

Section 162, acts May 27, 1921, ch. 14, Sec. 203, 42 Stat. 12;

Jan. 3, 1975, Pub. L. 93-618, title III, Sec. 321(b), 88 Stat.

2045, related to determination of purchase price of merchandise for

purposes of sections 160 to 171 of this title. See section 1673 et

seq. of this title.

Section 163, acts May 27, 1921, ch. 14, Sec. 204, 42 Stat. 13;

Jan. 3, 1975, Pub. L. 93-618, title III, Sec. 321(c), 88 Stat.

2046, related to determination of price at which merchandise is

sold or agreed to be sold in United States. See section 1677a of

this title.

Section 164, acts May 27, 1921, ch. 14, Sec. 205, 42 Stat. 13;

Aug. 14, 1958, Pub. L. 85-630, Sec. 3, 72 Stat. 584; Jan. 3, 1975,

Pub. L. 93-618, title III, Sec. 321(d), 88 Stat. 2046, related to

foreign market value of goods for purposes of sections 160 to 171

of this title. See section 1677b of this title.

Section 165, acts May 27, 1921, ch. 14, Sec. 206, 42 Stat. 213;

Aug. 14, 1958, Pub. L. 85-630, Sec. 4(a), 72 Stat. 584, related to

constructed value of merchandise for purposes of sections 160 to

171 of this title. See section 1673 et seq. of this title.

Section 166, act May 27, 1921, ch. 14, Sec. 207, 42 Stat. 14,

defined ''exporter'' as used in sections 160 to 171 of this title.

See section 1677(13) of this title.

Section 167, acts May 27, 1921, ch. 14, Sec. 208, 42 Stat. 14;

June 2, 1970, Pub. L. 91-271, title III, Sec. 312, 84 Stat. 292,

related to oaths and bonds given in case of imported merchandise.

See section 1673 et seq. of this title.

Section 168, acts May 27, 1921, ch. 14, Sec. 209, 42 Stat. 15;

Aug. 14, 1958, Pub. L. 85-630, Sec. 4(b), 72 Stat. 585; June 2,

1970, Pub. L. 91-271, title III, Sec. 313, 84 Stat. 292, related to

duties of customs officers with regard to appraisal of

merchandise. See section 1673h of this title.

Section 169, acts May 27, 1921, ch. 14, Sec. 210, 42 Stat. 15;

May 28, 1926, ch. 411, Sec. 1, 44 Stat. 669; Mar. 2, 1929, ch. 488,

Sec. 1, 45 Stat. 1475; Aug. 14, 1958, Pub. L. 85-630, Sec. 4(b), 72

Stat. 585; June 2, 1970, Pub. L. 91-271, title III, Sec. 314, 84

Stat. 293, related to protests from determinations of customs

officers. See section 1673 et seq. of this title.

Section 170, act May 27, 1921, ch. 14, Sec. 211, 42 Stat. 15,

related to treatment of antidumping duties as regular duties for

purposes of all laws relating to drawback of duties. See section

1673i of this title.

Section 170a, act May 27, 1921, ch. 14, Sec. 212, as added Aug.

14, 1958, Pub. L. 85-630, Sec. 5, 72 Stat. 585; amended Jan. 3,

1975, Pub. L. 93-618, title III, Sec. 321(e), 88 Stat. 2048,

defined terms used in sections 160 to 171 of this title. See

section 1677 of this title.

Section 171, act May 27, 1921, ch. 14, Sec. 213, formerly Sec.

212, 42 Stat. 15, renumbered Aug. 14, 1958, Pub. L. 85-630, Sec. 5,

72 Stat. 585, authorized citation of sections 160 to 171 of this

title as the ''Antidumping Act, 1921''.

EFFECTIVE DATE OF REPEAL

Repeal effective Jan. 1, 1980, see section 107 of Pub. L. 96-39,

set out as an Effective Date note under section 1671 of this title.

SAVINGS PROVISION

Pub. L. 96-39, title I, Sec. 106(a), July 26, 1979, 93 Stat. 193,

provided in part that findings in effect on the effective date of

the repeal of sections 160 to 171 of this title (Jan. 1, 1980, see

Effective Date of Repeal note set out above) or issued pursuant to

court order in an action brought before that date, shall remain in

effect, subject to review under section 1675 of this title.

ADMINISTRATION OF THE ANTIDUMPING ACT, 1921, BY UNITED STATES

TARIFF COMMISSION; REPORT TO CONGRESS

Pub. L. 90-634, title II, Sec. 201, Oct. 24, 1968, 82 Stat. 1347,

provided that the International Antidumping Code would not restrict

the United States Tariff Commission in performing its duties and

functions under sections 160 to 171 of this title (known as the

Antidumping Act, 1921), required the Secretary of the Treasury and

the Tariff Commission to take that Code into account only when

consistent with the provisions of those sections, and required the

President to submit a report to Congress for the period between

July 1, 1968, and June 30, 1969, which had to include all

determinations made by the Secretary of the Treasury and the Tariff

Commission during that period relating to those sections, analyze

the consideration given the International Antidumping Code in each

such determination, summarize actions taken by other countries

during such period against United States exports, and the relation

of such actions to that Code, and include such recommendations as

the President determined appropriate concerning the administration

of sections 160 to 171 of this title.

ANTIDUMPING ACT UNAFFECTED BY ACT AUGUST 2, 1956; REVIEW OF

OPERATION OF ACT AND REPORT TO CONGRESS

Section 5 of act Aug. 2, 1956, ch. 887, 70 Stat. 948, provided

that nothing in that act would be considered to repeal, modify, or

supersede, directly or indirectly, any provisions of former

sections 160 to 171 of this title (known as the Antidumping Act,

1921) and required the Secretary of the Treasury, after consulting

with the United States Tariff Commission, to review the operation

and effectiveness of those sections and report thereon to the

Congress within six months after August 2, 1956, and to recommend

to the Congress any amendment to those sections considered

desirable or necessary to provide for greater certainty, speed, and

efficiency in the enforcement thereof.

ANTIDUMPING ACT UNAFFECTED BY TARIFF ACT OF 1930

Sections 160 to 171 of this title, which were repealed by Pub. L.

96-39, had previously been excepted from repeal or amendment by act

June 17, 1930, ch. 497, 46 Stat. 763 (Tariff Act of 1930), section

651(d) of which provided that nothing in that act would be

construed to amend or repeal the Antidumping Act (sections 160 to

171 of this title).

-CITE-

19 USC Additional Definitions 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Additional Definitions

.

-HEAD-

Additional Definitions

-CITE-

19 USC Sec. 172 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Additional Definitions

-HEAD-

Sec. 172. Omitted

-MISC1-

Section, act May 27, 1921, ch. 14, Sec. 406, 42 Stat. 18; Proc.

No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352, which defined

the terms ''person'' and ''United States'' as those terms were used

in sections 160 to 171 of this title was omitted in view of the

repeal of sections 160 to 171 of this title by Pub. L. 96-39, title

I, Sec. 106(a), July 26, 1979, 93 Stat. 193.

-CITE-

19 USC Rules and Regulations 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Rules and Regulations

.

-HEAD-

Rules and Regulations

-CITE-

19 USC Sec. 173 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Rules and Regulations

-HEAD-

Sec. 173. Omitted

-MISC1-

Section, act May 27, 1921, ch. 14, Sec. 407, 42 Stat. 18, which

directed the Secretary to make rules and regulations necessary for

the enforcement of sections 160 to 171 of this title was omitted in

view of the repeal of sections 160 to 171 of this title by Pub. L.

96-39, title I, Sec. 106(a), July 26, 1979, 93 Stat. 193.

-CITE-

19 USC Unfair Methods of Competition and Importation

Unlawful 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Unfair Methods of Competition and Importation Unlawful

.

-HEAD-

Unfair Methods of Competition and Importation Unlawful

-CITE-

19 USC Sec. 174 to 180 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Unfair Methods of Competition and Importation Unlawful

-HEAD-

Sec. 174 to 180. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Sections, act Sept. 21, 1922, ch. 356, title III, Sec.

316(a)-(g), 42 Stat. 943, 944, related to unfair acts tending to

destroy or injure domestic industries, investigations by Tariff

Commission, appeals, and forbidding entry of articles pending

completion of investigations.

Provisions of Tariff Act of 1930 corresponding to section 174,

see section 1337(a) of this title; section 175, see section

1337(b); section 176, see section 1337(c); section 177, see section

1337(d); section 178, see section 1337(e); section 179, see section

1337(f); section 180, see section 1337(g).

-CITE-

19 USC Imports From Countries Making Discriminations 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Imports From Countries Making Discriminations

.

-HEAD-

Imports From Countries Making Discriminations

-CITE-

19 USC Sec. 181 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Imports From Countries Making Discriminations

-HEAD-

Sec. 181. Exclusion of imports from countries making

discriminations

-STATUTE-

Whenever the President shall be satisfied that unjust

discriminations are made by or under the authority of any foreign

state against the importation to or sale in such foreign state of

any product of the United States, he may direct that such products

of such foreign state so discriminating against any product of the

United States as he may deem proper shall be excluded from

importation to the United States; and in such case he shall make

proclamation of his direction in the premises, and therein name the

time when such direction against importation shall take effect, and

after such date the importation of the articles named in such

proclamation shall be unlawful. The President may at any time

revoke, modify, terminate, or renew any such direction as, in his

opinion, the public interest may require.

-SOURCE-

(Aug. 30, 1890, ch. 839, Sec. 5, 26 Stat. 415.)

-CITE-

19 USC Sec. 182 to 190 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Imports From Countries Making Discriminations

-HEAD-

Sec. 182 to 190. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Sections, act Sept. 21, 1922, ch. 356, title III, Sec.

317(a)-(i), 42 Stat. 944-946, related to new or additional duties

on imports from countries making discriminations against United

States products, suspension, exclusion and enforcement provisions.

Provisions of Tariff Act of 1930 corresponding to section 182, see

section 1338(a) of this title; section 183, see section 1338(b) of

this title; section 184, see section 1338(c) of this title; section

185, see section 1338(d) of this title; section 186, see section

1338(e) of this title; section 187, see section 1338(f) of this

title; section 188, see section 1338(g) of this title; section 189,

see section 1338(h) of this title; section 190, see section 1338(i)

of this title.

-CITE-

19 USC Special Provisions 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Special Provisions

.

-HEAD-

Special Provisions

-CITE-

19 USC Sec. 191, 192 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Special Provisions

-HEAD-

Sec. 191, 192. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), (4), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Section 191, act Sept. 21, 1922, ch. 356, title III, Sec. 322, 42

Stat. 948, related to duties on automobiles, etc., sold foreign

Governments.

Section 192, R.S. Sec. 2804; act Aug. 27, 1894, ch. 349, Sec. 26,

28 Stat. 552, related to entry of cigars.

-CITE-

19 USC Sec. 193 to 195 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Special Provisions

-HEAD-

Sec. 193 to 195. Repealed. Pub. L. 87-456, title III, Sec. 303(c),

May 24, 1962, 76 Stat. 78

-MISC1-

Section 193, act Jan. 9, 1883, ch. 17, 22 Stat. 402, related to

grain brought from Canada for grinding.

Section 194, act May 18, 1896, ch. 195, 29 Stat. 122, provided

for the return free of articles and livestock exported for

exhibition.

Section 195, act Mar. 3, 1899, ch. 454, 30 Stat. 1372, provided

for free entry of animals taken abroad with circus or menagerie.

-CITE-

19 USC Sec. 196 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Special Provisions

-HEAD-

Sec. 196. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Section, act Sept. 21, 1922, ch. 356, title III, Sec. 319, 42

Stat. 947, related to duties imposed on certain previous imports

and basis upon weight at time of entry.

-CITE-

19 USC Sec. 196a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Special Provisions

-HEAD-

Sec. 196a. Repealed. Pub. L. 87-456, title III, Sec. 303(c), May

24, 1962, 76 Stat. 78

-MISC1-

Section, act Aug. 27, 1949, ch. 517, Sec. 1, 63 Stat, 666,

provided for free importation of articles for members of armed

forces of foreign countries.

EFFECTIVE DATE OF REPEAL

For effective date of repeal, see section 501(a) of Pub. L.

87-456.

-CITE-

19 USC Payment of Duty 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Payment of Duty

.

-HEAD-

Payment of Duty

-CITE-

19 USC Sec. 197 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Payment of Duty

-HEAD-

Sec. 197. Duties, how payable

-STATUTE-

Except as provided in section 198 of this title all duties upon

imports shall be collected in ready money, and shall be paid in

coin, coin certificates, and such other certificates or Treasury

notes as may by law be declared receivable in payment thereof.

-SOURCE-

(R.S. Sec. 3009; Feb. 27, 1877, ch. 69, 19 Stat. 247, 249.)

-COD-

CODIFICATION

R.S. Sec. 3009 derived from acts Mar. 2, 1833, ch. 55, Sec. 3, 4

Stat. 630; Aug. 6, 1846, ch. 84, Sec. 1, 9 Stat. 53; Feb. 25, 1862,

ch. 33, Sec. 5, 12 Stat. 346.

R.S. Sec. 3473, formerly cited as a credit to this section, was

repealed by Pub. L. 95-598, title III, Sec. 322(d), title IV, Sec.

402(a), Nov. 6, 1978, 92 Stat. 2679, 2682, effective Oct. 1, 1979.

Prior to its incorporation into the Code, R.S. Sec. 3009, as

amended by act Feb. 27, 1877, ch. 69, 19 Stat. 247, read: ''All

duties upon imports shall be collected in ready money, and shall be

paid in coin or coin certificates or in United States notes,

payable on demand, authorized to be issued prior to the

twenty-fifth day of February, one thousand eight hundred and

sixty-two, and by law receivable in payment of public dues.''

Its provisions were changed to conform to section 198 of this

title authorizing the receipt of certified checks in payment of

duties; section 405 of Title 31, Money and Finance (act Feb. 28,

1878, ch. 20, Sec. 3, 20 Stat. 26) making certain certificates and

treasury notes receivable for customs; section 451 of Title 31,

(act Dec. 24, 1919, ch. 15, Sec. 1, 41 Stat. 370) making gold

certificates a legal tender in payment of all debts and dues,

public and private; and a provision of act Mar. 14, 1900, ch. 41,

Sec. 6, 31 Stat. 47, as amended (omitted from the Code as

superseded by section 451 of Title 31) that gold certificates

should be receivable for customs.

-CITE-

19 USC Sec. 198 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Payment of Duty

-HEAD-

Sec. 198. Certified checks; receivable for all public dues; lien

for payment of

-STATUTE-

It shall be lawful for collecting officers to receive certified

checks drawn on National and State banks and trust companies,

during such time and under such regulations as the Secretary of the

Treasury may prescribe, in payment for duties on imports, and all

public dues, including special customs deposits. No person,

however, who may be indebted to the United States on account of

duties on imports who shall have tendered a certified check or

checks as provisional payment for such duties or taxes, in

accordance with the terms of this section, shall be released from

the obligation to make ultimate payment thereof until such

certified check so received has been duly paid; and if any such

check so received is not duly paid by the bank on which it is drawn

and so certifying the United States shall, in addition to its right

to exact payment from the party originally indebted therefor, have

a lien for the amount of such check upon all the assets of such

bank; and such amount shall be paid out of its assets in preference

to any or all other claims whatsoever against said bank, except the

necessary costs and expenses of administration and the

reimbursement of the United States for the amount expended in the

redemption of the circulating notes of such bank.

-SOURCE-

(Mar. 2, 1911, ch. 191, Sec. 1, 36 Stat. 965; Mar. 3, 1913, ch.

119, 37 Stat. 733.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all officers of Department of the Treasury and

functions of all agencies and employees of such Department

transferred, with certain exceptions, to Secretary of the Treasury,

with power vested in him to authorize their performance or

performance of any of his functions, by any of those officers,

agencies, and employees, by Reorg. Plan No. 26 of 1950, Sec. 1, 2,

eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in

the Appendix to Title 5, Government Organization and Employees.

Collecting officers, referred to in this section, are officials of

Department of the Treasury.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 197 of this title; title 6

section 212.

-CITE-

19 USC Sec. 199 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE III - SPECIAL PROVISIONS

Payment of Duty

-HEAD-

Sec. 199. Judgments, how payable

-STATUTE-

In all proceedings brought by the United States in any court for

due recovery as well of duties upon imports alone as of penalties

for the nonpayment thereof, the judgment shall recite that the same

is rendered for duties, and such judgment, interest, and costs

shall be payable in the coin by law receivable for duties, and the

execution issued on such judgment shall set forth that the recovery

is for duties, and shall require the marshal to satisfy the same in

the coin by law receivable for duties; and in case of levy upon and

sale of the property of the judgment debtor, the marshal shall

refuse payment from any purchaser at such sale in any other money

than that specified in the execution.

-SOURCE-

(R.S. Sec. 3014.)

-COD-

CODIFICATION

R.S. Sec. 3014 derived from act Mar. 3, 1865, ch. 80, Sec. 12, 13

Stat. 494.

-CITE-

19 USC SUBTITLE IV - CUSTOMS ADMINISTRATION 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

.

-HEAD-

SUBTITLE IV - CUSTOMS ADMINISTRATION

-CITE-

19 USC Administrative Provisions 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

.

-HEAD-

Administrative Provisions

-CITE-

19 USC part 1 - definitions 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 1 - definitions

.

-HEAD-

part 1 - definitions

-CITE-

19 USC Sec. 231 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 1 - definitions

-HEAD-

Sec. 231. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762

-MISC1-

Section, act Sept. 21, 1922, ch. 356, title IV, Sec. 401, 42

Stat. 948, related to definitions of terms of Tariff Act of 1922.

Corresponding provisions of Tariff Act of 1930, see section 1401

of this title.

-CITE-

19 USC Sec. 232 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 1 - definitions

-HEAD-

Sec. 232. ''Port'' defined

-STATUTE-

The word ''port'', as used in title 34 of the Revised Statutes,

may include any place from which merchandise can be shipped for

importation, or at which merchandise can be imported.

-SOURCE-

(R.S. Sec. 2767.)

-REFTEXT-

REFERENCES IN TEXT

Title 34 of the Revised Statutes, referred to in text, was in the

original ''this Title'', meaning title 34 of the Revised Statutes,

consisting of R.S. Sec. 2517 to 3129. For complete classification

of R.S. Sec. 2517 to 3129 to the Code, see Tables.

-CITE-

19 USC Sec. 233 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 1 - definitions

-HEAD-

Sec. 233. Departure from prescribed forms

-STATUTE-

In cases where the forms of official documents, as prescribed by

title 34 of the Revised Statutes, shall be substantially complied

with and observed, according to the true intent thereof, no penalty

or forfeiture shall be incurred by a deviation therefrom.

-SOURCE-

(R.S. Sec. 2769.)

-REFTEXT-

REFERENCES IN TEXT

Title 34 of the Revised Statutes, referred to in text, was in the

original ''this Title'', meaning title 34 of the Revised Statutes,

consisting of R.S. Sec. 2517 to 3129. For complete classification

of R.S. Sec. 2517 to 3129 to the Code, see Tables.

-COD-

CODIFICATION

R.S. Sec. 2769 derived from act Mar. 2, 1799, ch. 22, Sec. 111, 1

Stat. 704.

-CITE-

19 USC Sec. 234 to 239 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 1 - definitions

-HEAD-

Sec. 234 to 239. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 402(a)-(f),

42 Stat. 949, 950, related to valuation of imported merchandise,

ascertainment of foreign, export, United States value, cost of

production, American selling price and value at date of shipment.

Provisions of Tariff Act of 1930 corresponding to section 234,

see section 1402(a) of this title; section 235, see section 1402(c)

of this title; section 236, see section 1402(d) of this title;

section 237, see section 1402(e) of this title; section 238, see

section 1402(f) of this title; section 239, see section 1402(g) of

this title.

-CITE-

19 USC Sec. 240 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 1 - definitions

-HEAD-

Sec. 240. Value at date of shipment

-STATUTE-

When the duty upon any imports shall be subject to be levied upon

the true market value of such imports in the principal markets of

the country from whence the importation has been made, or at the

port of exportation, the duty shall be estimated and collected upon

the value on the day of actual shipment, whenever a bill of lading

shall be presented showing the date of shipment, and which shall be

certified by a certificate of the United States consul or legally

authorized deputy.

-SOURCE-

(R.S. Sec. 2904.)

-COD-

CODIFICATION

R.S. Sec. 2904 derived from act Mar. 2, 1861, ch. 68, Sec. 28, 12

Stat. 197.

-CITE-

19 USC part 2 - report, entry, and unlading of vessels

and vehicles 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 2 - report, entry, and unlading of vessels and vehicles

.

-HEAD-

part 2 - report, entry, and unlading of vessels and vehicles

-CITE-

19 USC Sec. 241 to 256 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 2 - report, entry, and unlading of vessels and vehicles

-HEAD-

Sec. 241 to 256. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 431-446, 42

Stat. 950-953, related to form and contents of manifests, clearance

documents, bonds, permits and penalties for violation of same.

Provisions of Tariff Act of 1930 corresponding to sections 241 to

256, see sections 1431 to 1446 of this title, respectively.

-CITE-

19 USC Sec. 257, 258 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 2 - report, entry, and unlading of vessels and vehicles

-HEAD-

Sec. 257, 258. Repealed. Pub. L. 91-654, Sec. 3, Jan. 5, 1971, 84

Stat. 1945

-MISC1-

Section 257, R.S. Sec. 3114; acts Sept. 21, 1922, ch. 356, title

IV, Sec. 466, 42 Stat. 957; June 17, 1930, ch. 497, title IV, Sec.

466, 46 Stat. 719, related to duties on equipments or repair parts

for vessels. See section 1466(a) of this title.

Section 258, R.S. Sec. 3115; acts Sept. 21, 1922, ch. 356, title

IV, Sec. 466, 42 Stat. 957; June 17, 1930, ch. 497, title IV, Sec.

466, 46 Stat. 719; Aug. 8, 1953, ch. 397, Sec. 11(c), 67 Stat. 515,

related to the remission of duties for necessary repairs. See

section 1466(d) of this title.

EFFECTIVE DATE OF REPEAL

Section 3 of Pub. L. 91-654 provided that the repeal by Pub. L.

91-654 is effective with respect to entries made in connection with

arrivals of vessels on or after Jan. 5, 1971 (or treated under

section 2 of Pub. L. 91-654, set out as a note under section 1466

of this title, as made on the day after such date).

PROVISIONS INAPPLICABLE TO ENTRIES MADE IN CONNECTION WITH ARRIVALS

BEFORE JANUARY 5, 1971, OF VESSELS OPERATED BY OR FOR AGENCY OF

UNITED STATES; REFUNDS AFTER AUGUST 7, 1974, BARRED AS TO DUTY

PAYMENTS MADE BEFORE JANUARY 5, 1971, UNDER SECTION 257

Pub. L. 93-368, Sec. 1, 2, Aug. 7, 1974, 88 Stat. 420, provided:

''That sections 3114 and 3115 of the Revised Statutes of the United

States (19 U.S.C. 257 and 258) (former sections 257 and 258 of this

title) shall not apply to entries made in connection with arrivals

before January 5, 1971, of vessels owned by the United States, or

bareboat chartered to the United States, and operated by or for the

account of any department or agency of the United States.

''Sec. 2. On or after the date of the enactment of this Act (Aug.

7, 1974), no department or agency of the United States shall be

entitled to a refund of any duties paid before January 5, 1971, by

any department or agency of the United States under section 3114 of

the Revised Statutes of the United States (section 257 of this

title).''

-CITE-

19 USC Sec. 259, 260 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 2 - report, entry, and unlading of vessels and vehicles

-HEAD-

Sec. 259, 260. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762

-MISC1-

Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 447, 448,

42 Stat. 953, related to place of entry and unlading before entry

or report of arrival.

Provisions of Tariff Act of 1930 corresponding to section 259,

see section 1447 of this title; section 260, see section 1448 of

this title.

-CITE-

19 USC Sec. 261 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 2 - report, entry, and unlading of vessels and vehicles

-HEAD-

Sec. 261. Omitted

-COD-

CODIFICATION

Section, acts Feb. 13, 1911, ch. 46, Sec. 5, 36 Stat. 901; Feb.

7, 1920, ch. 61, 41 Stat. 402; Sept. 21, 1922, ch. 356, title IV,

Sec. 643, 42 Stat. 990; June 2, 1970, Pub. L. 91-271, title III,

Sec. 315, 84 Stat. 293, provided extra compensation for boarding

officers performing services at night or on Sundays and holidays,

prior to the general revision of section 5 of act Feb. 13, 1911, by

section 13811(a) of Pub. L. 103-66, title XIII, Aug. 10, 1993, 107

Stat. 668. Section 5 of act Feb. 13, 1911, as amended by section

13811(a) of Pub. L. 103-66, is classified to section 267 of this

title.

-CITE-

19 USC Sec. 262 to 266 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 2 - report, entry, and unlading of vessels and vehicles

-HEAD-

Sec. 262 to 266. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 449-453, 42

Stat. 954, 955, related to emergency cases of unlading bonds for

special licenses and penalties for violation.

Provisions of Tariff Act of 1930 corresponding to section 262,

see section 1449 of this title; section 263, see section 1450 of

this title; section 264, see section 1451 of this title; section

265, see section 1452 of this title; section 266, see section 1453

of this title.

-CITE-

19 USC Sec. 267 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 2 - report, entry, and unlading of vessels and vehicles

-HEAD-

Sec. 267. Overtime and premium pay for customs officers

-STATUTE-

(a) Overtime pay

(1) In general

Subject to paragraph (2) and subsection (c) of this section, a

customs officer who is officially assigned to perform work in

excess of 40 hours in the administrative workweek of the officer

or in excess of 8 hours in a day shall be compensated for that

work at an hourly rate of pay that is equal to 2 times the hourly

rate of the basic pay of the officer. For purposes of this

paragraph, the hourly rate of basic pay for a customs officer

does not include any premium pay provided for under subsection

(b) of this section.

(2) Special provisions relating to overtime work on callback

basis

(A) Minimum duration

Any work for which compensation is authorized under paragraph

(1) and for which the customs officer is required to return to

the officer's place of work shall be treated as being not less

than 2 hours in duration; but only if such work begins at least

1 hour after the end of any previous regularly scheduled work

assignment and ends at least 1 hour before the beginning of the

following regularly scheduled work assignment.

(B) Compensation for commuting time

(i) In general

Except as provided in clause (ii), in addition to the

compensation authorized under paragraph (1) for work to which

subparagraph (A) applies, the customs officer is entitled to

be paid, as compensation for commuting time, an amount equal

to 3 times the hourly rate of basic pay of the officer.

(ii) Exception

Compensation for commuting time is not payable under clause

(i) if the work for which compensation is authorized under

paragraph (1) -

(I) does not commence within 16 hours of the customs

officer's last regularly scheduled work assignment, or

(II) commences within 2 hours of the next regularly

scheduled work assignment of the customs officer.

(b) Premium pay for customs officers

(1) Night work differential

(A) 3 p.m. to midnight shiftwork

If the majority of the hours of regularly scheduled work of a

customs officer occurs during the period beginning at 3 p.m.

and ending at 12 a.m., the officer is entitled to pay for work

during such period (except for work to which paragraph (2) or

(3) applies) at the officer's hourly rate of basic pay plus

premium pay amounting to 15 percent of that basic rate.

(B) 11 p.m. to 8 a.m. shiftwork

If the majority of the hours of regularly scheduled work of a

customs officer occurs during the period beginning at 11 p.m.

and ending at 8 a.m., the officer is entitled to pay for work

during such period (except for work to which paragraph (2) or

(3) applies) at the officer's hourly rate of basic pay plus

premium pay amounting to 20 percent of that basic rate.

(C) 7:30 p.m. to 3:30 a.m. shiftwork

If the regularly scheduled work assignment of a customs

officer is 7:30 p.m. to 3:30 a.m., the officer is entitled to

pay for work during such period (except for work to which

paragraph (2) or (3) applies) at the officer's hourly rate of

basic pay plus premium pay amounting to 15 percent of that

basic rate for the period from 7:30 p.m. to 11:30 p.m. and at

the officer's hourly rate of basic pay plus premium pay

amounting to 20 percent of that basic rate for the period from

11:30 p.m. to 3:30 a.m.

(2) Sunday differential

A customs officer who performs any regularly scheduled work on

a Sunday that is not a holiday is entitled to pay for that work

at the officer's hourly rate of basic pay plus premium pay

amounting to 50 percent of that basic rate.

(3) Holiday differential

A customs officer who performs any regularly scheduled work on

a holiday is entitled to pay for that work at the officer's

hourly rate of basic pay plus premium pay amounting to 100

percent of that basic rate.

(4) Treatment of premium pay

Premium pay provided for under this subsection may not be

treated as being overtime pay or compensation for any purpose.

(c) Limitations

(1) Fiscal year cap

The aggregate of overtime pay under subsection (a) of this

section (including commuting compensation under subsection

(a)(2)(B) of this section) and premium pay under subsection (b)

of this section that a customs officer may be paid in any fiscal

year may not exceed $25,000; except that the Commissioner of

Customs or his designee may waive this limitation in individual

cases in order to prevent excessive costs or to meet emergency

requirements of the Customs Service.

(2) Exclusivity of pay under this section

A customs officer who receives overtime pay under subsection

(a) of this section or premium pay under subsection (b) of this

section for time worked may not receive pay or other compensation

for that work under any other provision of law.

(d) Regulations

The Secretary of the Treasury shall promulgate regulations to

prevent -

(1) abuse of callback work assignments and commuting time

compensation authorized under subsection (a)(2) of this section;

and

(2) the disproportionately more frequent assignment of overtime

work to customs officers who are near to retirement.

(e) Definitions

As used in this section:

(1) The term ''customs officer'' means an individual performing

those functions specified by regulation by the Secretary of the

Treasury for a customs inspector or canine enforcement officer.

Such functions shall be consistent with such applicable standards

as may be promulgated by the Office of Personnel Management.

(2) The term ''holiday'' means any day designated as a holiday

under a Federal statute or Executive order.

-SOURCE-

(Feb. 13, 1911, ch. 46, Sec. 5, 36 Stat. 901; Feb. 7, 1920, ch. 61,

41 Stat. 402; Pub. L. 91-271, title III, Sec. 316, June 2, 1970, 84

Stat. 293; Pub. L. 103-66, title XIII, Sec. 13811(a), Aug. 10,

1993, 107 Stat. 668.)

-COD-

CODIFICATION

Section derived from R.S. Sec. 2872, as amended by act June 26,

1884, ch. 121, Sec. 25, 23 Stat. 59.

Prior to the general revision of section 5 of act Feb. 13, 1911,

by section 13811(a) of Pub. L. 103-66, provisions of section 5 of

act Feb. 13, 1911, relating to extra compensation for boarding

officers performing services at night or on Sundays and holidays,

were classified to section 261 of this title.

-MISC3-

AMENDMENTS

1993 - Pub. L. 103-66 amended section generally, substituting

provisions relating to overtime and premium pay for customs

officers for provisions relating to fixing of working hours and

overtime compensation by Secretary of the Treasury.

1970 - Pub. L. 91-271 substituted references to the appropriate

customs officer for references to the collector of customs wherever

appearing, and struck out reference to inspectors, storekeepers,

weighers, and other customs officers and employees.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 13811(c) of Pub. L. 103-66 provided that: ''The

amendments made by subsections (a) and (b) (amending this section

and section 1450 of this title, repealing section 1451a of this

title, and omitting provisions formerly set out as section 261 of

this title) apply to customs inspectional services provided on or

after January 1, 1994.''

EFFECTIVE DATE OF 1970 AMENDMENT

For effective date of amendment by Pub. L. 91-271, see section

203 of Pub. L. 91-271, set out as a note under section 1500 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

Functions of all officers of Department of the Treasury and

functions of all agencies and employees of such Department

transferred, with certain exceptions, to Secretary of the Treasury,

with power vested in him to authorize their performance or

performance of any of his functions, by any of those officers,

agencies, and employees, by Reorg. Plan No. 26 of 1950, Sec. 1, 2,

eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in

the Appendix to Title 5, Government Organization and Employees.

Customs officers, referred to in this section, were under

Department of the Treasury.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 58c, 267a, 1451 of this

title; title 5 sections 5549, 8331.

-CITE-

19 USC Sec. 267a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 2 - report, entry, and unlading of vessels and vehicles

-HEAD-

Sec. 267a. Foreign language proficiency awards

-STATUTE-

Cash awards for foreign language proficiency may, under

regulations prescribed by the Secretary of the Treasury, be paid to

customs officers (as referred to in section 267(e)(1) of this

title) to the same extent and in the same manner as would be

allowable under subchapter III of chapter 45 of title 5 with

respect to law enforcement officers (as defined by section 4521 of

such title).

-SOURCE-

(Pub. L. 103-66, title XIII, Sec. 13812(b), Aug. 10, 1993, 107

Stat. 671.)

-MISC1-

EFFECTIVE DATE

Section 13812(c)(2) of Pub. L. 103-66 provided that: ''Subsection

(b) (enacting this section) takes effect on January 1, 1994.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 58c of this title.

-CITE-

19 USC Sec. 268 to 272 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 2 - report, entry, and unlading of vessels and vehicles

-HEAD-

Sec. 268 to 272. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 454-458, 42

Stat. 955, 956, related to duties and compensation of boarding and

discharging inspectors, custody of cargo not unladen promptly,

unlading at risk of consignee and time for unlading bulk cargo.

Provisions of Tariff Act of 1930 corresponding to section 268,

see section 1455 of this title; section 269, see section 1456 of

this title; section 270, see section 1457 of this title; section

271, none; section 272, see section 1458 of this title.

-CITE-

19 USC Sec. 273, 274 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 2 - report, entry, and unlading of vessels and vehicles

-HEAD-

Sec. 273, 274. Repealed. Aug. 8, 1953, ch. 397, Sec. 4(b), 67 Stat.

509

-MISC1-

Sections, R.S. Sec. 2885, 2886, required the containers of

imported liquors or distilled spirits to be marked or scored at the

port of landing with the capacity, wine gallons, proof, proof

gallons, and other detailed information, such marks to be

obliterated upon sale.

EFFECTIVE DATE OF REPEAL

Section 1 of act Aug. 8, 1953, provided that such act is

effective, except as otherwise specifically provided for, on and

after the thirtieth day following the date of its enactment (Aug.

8, 1953).

The exception ''except as otherwise specifically provided for''

apparently refers to the amendments made to the provisions

preceding subd. (1) of section 1308 of this title and to section

1557(b) of this title, for which separate effective dates were

provided as explained in notes under those sections.

SAVINGS PROVISION

Section 23 of act Aug. 8, 1953, provided: ''Except as may be

otherwise provided for in this Act, the repeal of existing law or

modifications thereof embraced in this Act shall not affect any act

done, or any right accruing or accrued, or any suit or proceeding

had or commenced in any civil or criminal case prior to such repeal

or modification, but all liabilities under such laws shall

continue, except as otherwise specifically provided in this Act,

and may be enforced in the same manner as if such repeal, or

modification had not been made.''

-CITE-

19 USC Sec. 275 to 281 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 2 - report, entry, and unlading of vessels and vehicles

-HEAD-

Sec. 275 to 281. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 459-465, 42

Stat. 956, 957, related to documentary reports, manifests, permits

on imports from contiguous countries and enforcement provisions.

Provisions of Tariff Act of 1930 corresponding to sections 275 to

281, see sections 1459 to 1465 of this title, respectively.

-CITE-

19 USC Sec. 282 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 2 - report, entry, and unlading of vessels and vehicles

-HEAD-

Sec. 282. Repealed. Pub. L. 103-182, title VI, Sec. 690(a)(2), Dec.

8, 1993, 107 Stat. 2222

-MISC1-

Section, R.S. Sec. 3111; Pub. L. 91-271, title III, Sec. 317,

June 2, 1970, 84 Stat. 293, related to oath to be taken by masters

of certain vessels.

-CITE-

19 USC Sec. 283 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 2 - report, entry, and unlading of vessels and vehicles

-HEAD-

Sec. 283. Duty on saloon stores

-STATUTE-

Articles purchased for the use of or for sale on board any such

vessel, as saloon stores or supplies, shall be deemed merchandise,

and shall be liable, when purchased at a foreign port, to entry and

the payment of the duties found to be due thereon, at the first

port of arrival of such vessel in the United States; and for a

failure on the part of the saloon keeper or person purchasing or

owning such articles to report, make entries, and pay duties, as

hereinbefore required, such articles, together with the fixtures

and other merchandise, found in such saloon or on or about such

vessel, belonging to and owned by such saloon keeper or other

person interested in such saloon, shall be seized and forfeited,

and such saloon keeper or other person so purchasing and owning

shall be liable to a penalty of not less than $100 and not more

than $500, and shall be punishable by imprisonment for not less

than three months and not more than two years.

-SOURCE-

(R.S. Sec. 3113.)

-COD-

CODIFICATION

R.S. Sec. 3113 derived from acts July 18, 1866, ch. 201, Sec. 22,

14 Stat. 183; Feb. 10, 1871, ch. 45, 16 Stat. 409.

-CITE-

19 USC Sec. 284, 285 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 2 - report, entry, and unlading of vessels and vehicles

-HEAD-

Sec. 284, 285. Repealed. July 3, 1926, ch. 757, Sec. 3, 44 Stat.

832

-MISC1-

Sections, R.S. Sec. 3116, 3117, related to manifests of vessels

in coasting trade and entry for goods taken or delivered at

intermediate ports.

-CITE-

19 USC Sec. 286, 287 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 2 - report, entry, and unlading of vessels and vehicles

-HEAD-

Sec. 286, 287. Repealed. Pub. L. 103-182, title VI, Sec. 690(a)(3),

(4), Dec. 8, 1993, 107 Stat. 2222

-MISC1-

Section 286, R.S. Sec. 3118, mandated that master of any enrolled

or licensed vessel file a manifest and obtain clearance before

departing from a port in one collection district to a place in

another collection district where there is not customhouse.

Section 287, R.S. Sec. 3119, related to reporting requirements

for merchandise destined for foreign ports and exempted unlading of

cargo brought from American ports from permit requirements.

-CITE-

19 USC Sec. 288 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 2 - report, entry, and unlading of vessels and vehicles

-HEAD-

Sec. 288. Documented vessels

-STATUTE-

Documented vessels with a registry endorsement, engaged in

foreign trade on the Great Lakes or their tributary or connecting

waters in trade with Canada, shall not thereby become liable to the

payment of entry and clearance fees.

-SOURCE-

(R.S. Sec. 2793; Sept. 25, 1941, ch. 423, 55 Stat. 733; Pub. L.

103-182, title VI, Sec. 686(a)(1), Dec. 8, 1993, 107 Stat. 2220;

Pub. L. 104-324, title XI, Sec. 1115(b)(4), Oct. 19, 1996, 110

Stat. 3972.)

-COD-

CODIFICATION

R.S. Sec. 2793 derived from Res. Feb. 10, 1871, No. 27, Sec. 2,

16 Stat. 595.

Provisions of this section are also set out in section 111 of

Title 46, Appendix, Shipping.

Provision of R.S. Sec. 2793 respecting tonnage duties is

classified to section 123 of Title 46, Appendix.

-MISC3-

AMENDMENTS

1996 - Pub. L. 104-324 substituted ''registry endorsement,

engaged in foreign trade on the Great Lakes or their tributary or

connecting waters in trade with Canada,'' for ''coastwise, Great

Lakes endorsement, departing from or arriving at a port in one

district to or from a port in another district, and also touching

at intermediate foreign ports,'' and struck out '', as if from or

to foreign ports'' before period at end.

1993 - Pub. L. 103-182 substituted ''Documented vessels with a

coastwise, Great Lakes endorsement,'' for ''Enrolled or licensed

vessels engaged in the foreign and coasting trade on the northern,

northeastern, and northwestern frontiers of the United States,''

and ''foreign ports.'' for ''foreign ports; but such vessel shall,

notwithstanding, be required to enter and clear; except that when

such vessels are on such voyages on the Great Lakes and touch at

foreign ports for the purpose of taking on bunker fuel only, they

may be exempted from entering and clearing under such rules and

regulations as the Commissioner of Customs may prescribe,

notwithstanding any other provisions of law: Provided, That this

exception shall not apply to such vessels if, while at such foreign

port, they land or take on board any passengers, or any merchandise

other than bunker fuel, receive orders, discharge any seamen by

mutual consent, or engage any seamen to replace those discharged by

mutual consent, or transact any other business save that of taking

on bunker fuel.''

1941 - Act Sept. 25, 1941, inserted exception and proviso at end

of section.

-CITE-

19 USC Sec. 289 to 292 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 2 - report, entry, and unlading of vessels and vehicles

-HEAD-

Sec. 289 to 292. Repealed. Pub. L. 103-182, title VI, Sec.

690(a)(1), (5)-(7), Dec. 8, 1993, 107 Stat. 2222, 2223

-MISC1-

Section 289, R.S. Sec. 2792; May 28, 1908, ch. 212, Sec. 1, 35

Stat. 424, exempted certain ferryboats and passenger vessels from

clearance fees.

Section 290, R.S. Sec. 3122, mandated that master of any enrolled

or licensed vessel destined with cargo from a place in the United

States, at which there may be no customhouse, to a port where there

may be a customhouse, deliver a manifest within twenty-four hours

after arriving at port of destination.

Section 291, R.S. Sec. 3124; Feb. 14, 1903, ch. 552, Sec. 10, 32

Stat. 829; 1946 Reorg. Plan No. 3, Sec. 101-104, eff. July 16,

1946, 11 F.R. 7875, 60 Stat. 1097, related to format and content of

forms for manifests, certificates of clearance, and oaths.

Section 292, R.S. Sec. 3125, related to penalty for neglect or

failure to comply with sections 286, 287, 290, and 291 of this

title.

-CITE-

19 USC Sec. 293 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 2 - report, entry, and unlading of vessels and vehicles

-HEAD-

Sec. 293. Documented vessels touching at foreign ports

-STATUTE-

Any United States documented vessel with a registry or coastwise

endorsement, or both, may engage in trade between one port in the

United States and one or more ports within the same, with the

privilege of touching at one or more foreign ports during the

voyage, and land and take in thereat merchandise, passengers and

their baggage, and letters, and mails.

-SOURCE-

(R.S. Sec. 3126; Pub. L. 91-271, title III, Sec. 318, June 2, 1970,

84 Stat. 293; Pub. L. 103-182, title VI, Sec. 686(a)(2), Dec. 8,

1993, 107 Stat. 2220; Pub. L. 104-295, Sec. 21(e)(1), Oct. 11,

1996, 110 Stat. 3530.)

-COD-

CODIFICATION

R.S. Sec. 3126 derived from act May 27, 1848, ch. 48, Sec. 1, 9

Stat. 232.

-MISC3-

AMENDMENTS

1996 - Pub. L. 104-295 inserted comma after ''or both''.

1993 - Pub. L. 103-182 substituted ''Any United States documented

vessel with a registry or coastwise endorsement, or both'' for

''Any vessel, on being duly registered in pursuance of the laws of

the United States,'' and struck out at end ''All such vessels shall

be furnished by the appropriate customs officers of the ports at

which they shall take in their cargoes in the United States, with

certified manifests, setting forth the particulars of the cargoes,

the marks, number of packages, by whom shipped, to whom consigned,

at what port to be delivered; designating such merchandise as is

entitled to drawback, or to the privilege of being placed in

warehouse; and the masters of all such vessels shall, on their

arrival at any port of the United States from any foreign port at

which such vessel may have touched, as herein provided, conform to

the laws providing for the delivery of manifests of cargo and

passengers taken on board at such foreign port, and all other laws

regulating the report and entry of vessels from foreign ports, and

be subject to all the penalties therein prescribed.''

1970 - Pub. L. 91-271 substituted reference to appropriate

customs officers for reference to collectors.

EFFECTIVE DATE OF 1970 AMENDMENT

For effective date of amendment by Pub. L. 91-271, see section

203 of Pub. L. 91-271, set out as an Effective Date of 1970

Amendment note under section 1500 of this title.

-CITE-

19 USC Sec. 294 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 2 - report, entry, and unlading of vessels and vehicles

-HEAD-

Sec. 294. No duty by reason of documented vessel touching at

foreign port

-STATUTE-

Any foreign merchandise taken in at one port of the United States

to be conveyed in a United States documented vessel with a registry

or coastwise endorsement, or both, to any other port within the

same, either under the provisions relating to warehouses, or under

the laws regulating the transportation coastwise of merchandise

entitled to drawback, as well as any merchandise not entitled to

drawback, but on which the import duties chargeable by law shall

have been duly paid, shall not become subject to any import duty by

reason of the vessel in which they may arrive having touched at a

foreign port during the voyage.

-SOURCE-

(R.S. Sec. 3127; Pub. L. 103-182, title VI, Sec. 686(a)(3), Dec. 8,

1993, 107 Stat. 2220; Pub. L. 104-295, Sec. 21(e)(2), Oct. 11,

1996, 110 Stat. 3530.)

-COD-

CODIFICATION

R.S. Sec. 3127 derived from act May 27, 1848, ch. 48, Sec. 2, 9

Stat. 232.

-MISC3-

AMENDMENTS

1996 - Pub. L. 104-295 substituted ''conveyed in a United'' for

''conveyed a United''.

1993 - Pub. L. 103-182 substituted ''a United States documented

vessel with a registry or coastwise endorsement, or both,'' for

''in registered vessels''.

-CITE-

19 USC part 3 - ascertainment, collection, and recovery

of duties 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 3 - ascertainment, collection, and recovery of duties

.

-HEAD-

part 3 - ascertainment, collection, and recovery of duties

-CITE-

19 USC Sec. 331 to 337 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 3 - ascertainment, collection, and recovery of duties

-HEAD-

Sec. 331 to 337. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762

-MISC1-

Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 481(a)-(c),

482(a)-(d), 42 Stat. 958, related to contents of invoices,

certification in different consular districts and declarations

indorsed on invoices.

Provisions of Tariff Act of 1930 corresponding to section 331,

see section 1481(a) of this title; section 332, see section 1481(b)

of this title; section 333, see section 1481(c) of this title;

section 334, see section 1482(a) of this title; section 335, see

section 1482(b) of this title; section 336, see section 1482(c) of

this title; section 337, see section 1482(d) of this title.

Sections 331 to 333 were repealed effective on day after

enactment of repealing act.

Sections 334 to 337 were repealed effective sixty days after

enactment of repealing act.

-CITE-

19 USC Sec. 338 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 3 - ascertainment, collection, and recovery of duties

-HEAD-

Sec. 338. Indorsement upon invoice; port of entry

-STATUTE-

The person producing an invoice for certification shall at the

same time declare to the consul or vice consul the port in the

United States at which it is intended to make entry of merchandise;

whereupon the consul, or vice consul, shall indorse upon each of

the triplicates a certificate, under his hand and official seal,

stating that the invoice has been produced to him, with the date of

such production, and the name of the person by whom the same was

produced, and the port in the United States at which it shall be

the declared intention to make entry of the merchandise therein

mentioned.

-SOURCE-

(R.S. Sec. 2855; Apr. 5, 1906, ch. 1366, Sec. 3, 34 Stat. 100.)

-COD-

CODIFICATION

R.S. Sec. 2855 derived from act Mar. 3, 1863, ch. 76, Sec. 1, 12

Stat. 738.

Section is based on the first sentence of R.S. Sec. 2855. The

second sentence of R.S. Sec. 2855, which related to the disposition

of certified copies of invoices, was superseded by section 482(e)

of the Tariff Act of 1922, and later by section 482(e) of the

Tariff Act of 1933 which is classified to section 1482(e) of this

title.

-CITE-

19 USC Sec. 339 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 3 - ascertainment, collection, and recovery of duties

-HEAD-

Sec. 339. Restriction on consular certificates

-STATUTE-

No consular officer of the United States shall grant a

certificate for merchandise shipped from countries adjacent to the

United States, which have passed a consulate after purchase for

shipment.

-SOURCE-

(R.S. Sec. 2861.)

-COD-

CODIFICATION

R.S. Sec. 2861 derived from act Feb. 22, 1873, ch. 184, Sec. 3,

17 Stat. 474.

-CITE-

19 USC Sec. 340 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 3 - ascertainment, collection, and recovery of duties

-HEAD-

Sec. 340. Consuls to exact proof of invoice

-STATUTE-

All consular officers are authorized to require, before

certifying any invoice, satisfactory evidence, either by the oath

of the person presenting such invoices or otherwise, that such

invoices are correct and true. In the exercise of the discretion

hereby given, the consular officers shall be governed by such

general or special regulations or instructions as may from time to

time be established or given by the Secretary of State.

-SOURCE-

(R.S. Sec. 2862.)

-COD-

CODIFICATION

R.S. Sec. 2862 derived from act Mar. 3, 1865, ch. 111, 13 Stat.

532.

-CITE-

19 USC Sec. 341 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 3 - ascertainment, collection, and recovery of duties

-HEAD-

Sec. 341. Fraudulent practices; consul's report

-STATUTE-

All consuls of the United States having any knowledge or belief

of any case or practice of any person who obtains verification of

any invoice whereby the revenue of the United States is or may be

defrauded, shall report the facts to the appropriate customs

officer of the port where the revenue is or may be defrauded, or to

the Secretary of the Treasury.

-SOURCE-

(R.S. Sec. 2863; Apr. 5, 1906, ch. 1366, Sec. 3, 34 Stat. 100; Pub.

L. 91-271, title III, Sec. 319, June 2, 1970, 84 Stat. 293.)

-COD-

CODIFICATION

R.S. Sec. 2863 derived from act July 14, 1862, ch. 163, Sec. 18,

12 Stat. 559.

-MISC3-

AMENDMENTS

1970 - Pub. L. 91-271 substituted reference to the appropriate

customs officer for reference to the collector.

EFFECTIVE DATE OF 1970 AMENDMENT

For effective date of amendment by Pub. L. 91-271, see section

203 of Pub. L. 91-271, set out as a note under section 1500 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all officers of Department of the Treasury and

functions of all agencies and employees of such Department

transferred, with certain exceptions, to Secretary of the Treasury,

with power vested in him to authorize their performance or

performance of any of his functions, by any of those officers,

agencies, and employees, by Reorg. Plan No. 26 of 1950, Sec. 1, 2,

eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in

the Appendix to Title 5, Government Organization and Employees.

Customs officers, referred to in this section, are under Department

of the Treasury.

-CITE-

19 USC Sec. 342 to 375 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 3 - ascertainment, collection, and recovery of duties

-HEAD-

Sec. 342 to 375. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762

-MISC1-

Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 482(e),

(f), 483, 484(a)-(g), 485(a)-(f), 486-497, 498(a), (b), 499, and

500(a)-(c), 42 Stat. 959-965, related to ascertainment, collection

and recovery of goods.

Provisions of Tariff Act of 1930 corresponding to section 342,

see section 1482(e) of this title; section 343, see section 1482(f)

of this title; section 344, see section 1483 of this title; section

345, see section 1484(a) of this title; section 346, see section

1484(b) of this title; section 347, see section 1484(c) of this

title; section 348, see section 1484(d) of this title; section 349,

see section 1484(e) of this title; section 350, see section 1484(f)

of this title; section 351, see section 1484(g) of this title;

section 352, see section 1485(a) of this title; section 353, see

section 1485(b) of this title; section 354, see section 1485(c) of

this title; section 355, see section 1485(d) of this title; section

356, see section 1485(e) of this title; section 357, see section

1485(f) of this title; section 358, none, but see section 1623 of

this title; section 359, see section 1487 of this title; section

360, see section 1488 of this title; section 361, see section

1503(b) of this title; section 362, see section 1490 of this title;

section 363, see section 1491 of this title; section 364 see

section 1492 of this title; section 365, see section 1493 of this

title; section 366, see section 1494 of this title; section 367,

see section 1495 of this title; section 368, see section 1496 of

this title; section 369, see section 1497 of this title; section

370, see section 1498(a) of this title; section 371, see section

1498(b) of this title; section 372, see section 1499 of this title;

section 373, see section 1500(a) of this title; section 374, see

section 1500(b) of this title; section 375, see section 1500(d) of

this title.

EFFECTIVE DATE OF REPEAL

Sections 342 and 343 repealed effective sixty days after

enactment of repealing act.

Sections 344 to 375 repealed effective on day following date of

enactment of repealing act.

-CITE-

19 USC Sec. 376 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 3 - ascertainment, collection, and recovery of duties

-HEAD-

Sec. 376. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(10), 70 Stat.

947

-MISC1-

Section, R.S. Sec. 2615, related to report of assistant appraiser

at New York.

-CITE-

19 USC Sec. 377 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 3 - ascertainment, collection, and recovery of duties

-HEAD-

Sec. 377. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Section, act Sept. 21, 1922, ch. 356, title IV, Sec. 500(d), 42

Stat. 966, related to duties of examiners. For corresponding

provisions of Tariff Act of 1930, see section 1500(e) of this

title.

-CITE-

19 USC Sec. 378 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 3 - ascertainment, collection, and recovery of duties

-HEAD-

Sec. 378. Repealed. Feb. 28, 1933, ch. 131, Sec. 1, 47 Stat. 1349

-MISC1-

Section, R.S. Sec. 2938, related to appraiser as special

examiner.

Section 2 of the repealing act provided that rights or

liabilities existing under this section on Feb. 28, 1933, should

not be affected thereby.

-CITE-

19 USC Sec. 379 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 3 - ascertainment, collection, and recovery of duties

-HEAD-

Sec. 379. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(25), 70 Stat.

947

-MISC1-

Section, R.S. Sec. 2612, provided for instructions to prevent

importation of adulterated drugs. Special examiners of drugs are

no longer appointed. For functions with relation to adulterated

drugs, see section 321 et seq. of Title 21, Food and Drugs.

-CITE-

19 USC Sec. 380 to 389 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 3 - ascertainment, collection, and recovery of duties

-HEAD-

Sec. 380 to 389. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 500(e),

501, 502(a)-(c), 503-507, 42 Stat. 966-968, related to appeals for

reappraisement, regulations for appraisal and classification, etc.,

and reversal or modification of rulings of Secretary of Treasury.

Provisions of Tariff Act of 1930 corresponding to section 380,

see section 1500(f) of this title; section 381, see section 1501 of

this title; section 382, see section 1502(a) of this title; section

383, see section 1502(b) of this title; section 384, see section

1502(c) of this title; section 385, see sections 1503 and 1504

(repealed) of this title; section 386, see section 1505 of this

title; section 387, see section 1506 of this title; section 388,

see section 1507 of this title; section 389, see section 1508

(repealed) of this title.

-CITE-

19 USC Sec. 390 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 3 - ascertainment, collection, and recovery of duties

-HEAD-

Sec. 390. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(26), 70 Stat.

948

-MISC1-

Section, R.S. Sec. 2918, provided for adoption of a hydrometer

for use in ascertaining proof of liquors. See section 5204(b) of

Title 26, Internal Revenue Code.

-CITE-

19 USC Sec. 391 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 3 - ascertainment, collection, and recovery of duties

-HEAD-

Sec. 391. Ascertainment of duties on grain

-STATUTE-

For the purpose of estimating the duties on importations of

grain, the number of bushels shall be ascertained by weight,

instead of by measuring; and sixty pounds of wheat, fifty-six

pounds of corn, fifty-six pounds of rye, forty-eight pounds of

barley, thirty-two pounds of oats, sixty pounds of peas, and

forty-two pounds of buckwheat, avoirdupois weight, shall

respectively be estimated as a bushel.

-SOURCE-

(R.S. Sec. 2919.)

-COD-

CODIFICATION

R.S. Sec. 2919 derived from act July 18, 1866, ch. 201, Sec. 38,

14 Stat. 187.

-CITE-

19 USC Sec. 392 to 405 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 3 - ascertainment, collection, and recovery of duties

-HEAD-

Sec. 392 to 405. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 508-518, 42

Stat. 968-972, related to examination of importers, consignees,

agents, etc.

The following table shows the classification of former sections

to the present similar provisions in the Tariff Act of 1930, as

incorporated in this title.

---------------------------------------------------------------------

Former section Present section

---------------------------------------------------------------------

392 1509

393 1510

394

395 1511

396 1512

397 1513

398 1514

399 1515

400 1516(a)

401 1516(b)

402 1516(c)

403

405

-------------------------------

-CITE-

19 USC Sec. 405a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 3 - ascertainment, collection, and recovery of duties

-HEAD-

Sec. 405a. Repealed. Pub. L. 96-417, title VI, Sec. 603, Oct. 10,

1980, 94 Stat. 1744

-MISC1-

Section, acts May 28, 1926, ch. 411, Sec. 1, 44 Stat. 669; June

25, 1948, ch. 646, Sec. 22, 62 Stat. 990, renamed the Board of

General Appraisers as the United States Customs Court and provided

that the members be known as judges of the United States Customs

Court.

EFFECTIVE DATE OF REPEAL

Repeal effective Nov. 1, 1980, and applicable with respect to

civil actions pending on or commenced on or after such date, see

section 701(a) of Pub. L. 96-417, set out as an Effective Date of

1980 Amendment note under section 251 of Title 28, Judiciary and

Judicial Procedure.

-CITE-

19 USC Sec. 405b 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 3 - ascertainment, collection, and recovery of duties

-HEAD-

Sec. 405b. Omitted

-MISC1-

Section, act May 28, 1926, ch. 411, Sec. 2, 44 Stat. 669,

provided that the jurisdiction, powers, and duties of the Board

referred to in section 405a of this title, its subdivisions and its

officers, and their appointment, including the designation of its

presiding officers, and the immunities, tenure of office, powers,

duties, rights, and privileges of the members of the Board, shall

remain the same as provided by existing law.

-CITE-

19 USC Sec. 406 to 409 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 3 - ascertainment, collection, and recovery of duties

-HEAD-

Sec. 406 to 409. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat 762, eff. June 18, 1930

-MISC1-

Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 519,

520(a), (b), 521, 42 Stat. 973, related to copies of decisions of

United States Customs Court for Collectors and Secretary of the

Treasury, refund of duties and liquidation of duties.

Provisions of Tariff Act of 1930 corresponding to section 406,

see section 1519 of this title (repealed); section 407, see section

1520(a) of this title; section 408, see section 1520(b) of this

title; section 409, see section 1521 of this title.

-CITE-

19 USC Sec. 413 to 419 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 3 - ascertainment, collection, and recovery of duties

-HEAD-

Sec. 413 to 419. Repealed. June 17, 1930, ch. 497, title IV, Sec.

641(e), 651(a)(1), 46 Stat. 760, 762, eff. June 18, 1930

-MISC1-

Sections 413 and 414, act Sept. 21, 1922, ch. 356, title IV Sec.

524, 525, 42 Stat. 975, related to disposal of receipts and detail

from field service for Washington duty.

Sections 415 to 419, act June 10, 1910, ch. 283, Sec. 1-5, 36

Stat. 464, 465, related to issuance and revocation of customshouse

broker's licenses. Repeal was subject to an exception as follows:

''Except that any license issued * * * shall continue in force and

effect, subject to suspension and revocation in the same manner and

upon the same conditions as licenses issued pursuant to subdivision

(a) of this section.'' Subdivision (a) is set forth in section 1641

of this title, and such section now regulates the licensing of

customhouse brokers. Subsection (e) of section 641, act of 1930,

the repealing act, was repealed by act August 26, 1935, ch. 689,

Sec. 5, 49 Stat. 865, but sections 415 to 419 of this title were

not thereby revived.

Provisions of Tariff Act of 1930 corresponding to section 413,

see section 1524 of this title; section 414, see section 1525

(repealed) of this title; sections 415 to 419, see section 1641 of

this title.

-CITE-

19 USC Sec. 420 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 3 - ascertainment, collection, and recovery of duties

-HEAD-

Sec. 420. Repealed. Pub. L. 87-456, title III, Sec. 303(c), May 24,

1962, 76 Stat. 78

-MISC1-

Section, R.S. Sec. 2951, defined the word ''ton'' and was

previously omitted.

EFFECTIVE DATE OF REPEAL

For effective date of repeal, see section 501(a) of Pub. L.

87-456, set out as an Effective Date of Tariff Classification Act

of 1962 note preceding section 1202 of this title.

-CITE-

19 USC part 4 - transportation in bond and warehousing of

merchandise 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 4 - transportation in bond and warehousing of merchandise

.

-HEAD-

part 4 - transportation in bond and warehousing of merchandise

-CITE-

19 USC Sec. 451 to 459 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 4 - transportation in bond and warehousing of merchandise

-HEAD-

Sec. 451 to 459. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 551-559, 42

Stat. 975-977, related to carriers of bonded merchandise,

transportation restrictions, bonds, regulations, and abandonment of

merchandise in bonded warehouses.

The following table shows the classification of former sections

to the present similar provisions in the Tariff Act of 1930, as

incorporated in this title.

---------------------------------------------------------------------

Former section Present section

---------------------------------------------------------------------

451 1551

452 1552

453 1553

454 1554

455 1555

456 1556

457 1557

458 1558

459 1559

-------------------------------

-CITE-

19 USC Sec. 460 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 4 - transportation in bond and warehousing of merchandise

-HEAD-

Sec. 460. Retention of distilled spirits, wines, etc., in warehouse

during prohibitory period

-STATUTE-

Under regulations prescribed by the Secretary of the Treasury,

any imported distilled spirits, wines, or other liquors which may

be in any customs bonded warehouse under the customs laws on the

date any prohibition of their sale or removal, by any Act of

Congress, or proclamation of the President of the United States

takes effect shall be permitted to remain therein without payment

of any taxes or duties thereon, beyond the three-year period

provided by law, during such period of prohibition; and may be

exported at any time during such extended period. Any imported

spirits, wines, or other liquors as to which the three-year bonded

period may have expired after February 24, 1919, and prior to the

date such prohibition takes effect may at the option of the owner

remain in bond during such period of prohibition.

-SOURCE-

(Feb. 24, 1919, ch. 18, Sec. 600(b), 40 Stat. 1106.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in text, are classified generally

to this title.

-CITE-

19 USC Sec. 461 to 466 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 4 - transportation in bond and warehousing of merchandise

-HEAD-

Sec. 461 to 466. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 560-565, 42

Stat. 977-979, related to leasing warehouses by Secretary of the

Treasury, public stores, withdrawal from and deterioration of

merchandise in bonded warehouses, liens for freight charges and

cartage of merchandise.

The following table shows the classification of former sections

to the present similar provisions in the Tariff Act of 1930, as

incorporated in this title.

---------------------------------------------------------------------

Former section Present section

---------------------------------------------------------------------

461 1560

462 1561

463 1562

464 1563

465 1564

466 1565

-------------------------------

-CITE-

19 USC Sec. 467 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 4 - transportation in bond and warehousing of merchandise

-HEAD-

Sec. 467. Imported distilled spirits, wines, or malt liquors;

regulations for marks, brands, and stamps or devices on bulk

containers; forfeitures

-STATUTE-

The Secretary of the Treasury may by regulation require such

marks, brands, and stamps or devices to be placed on any bulk

container (including a pipeline) used for holding, storing,

transferring or conveying imported distilled spirits, wines, or

malt liquors as he deems necessary and proper in the administration

of the Federal laws applicable to such imported distilled spirits,

wines, or malt liquors and may specify those marks, brands, and

stamps or devices which the importer or owner shall place or have

placed on such containers. Any such container of imported

distilled spirits, wines, or malt liquors withdrawn from customs

custody purporting to contain imported distilled spirits, wines, or

malt liquors found without having thereon any mark, brand, stamp,

or device the Secretary of the Treasury may require, shall be with

its contents, forfeited to the United States of America.

-SOURCE-

(Mar. 1, 1879, ch. 125, Sec. 11, 20 Stat. 342; Pub. L. 95-410,

title II, Sec. 201, Oct. 3, 1978, 92 Stat. 898.)

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-410 substituted provisions authorizing the

Secretary of the Treasury to require by regulation the placing of

marks, brands, and stamps or devices on bulk containers of imported

distilled spirits, wines, or malt liquors used for holding,

storing, transferring or conveying the imported liquors for prior

provisions for deposit of imported distilled spirits, wines, and

malt liquors in public store or bonded warehouse, inspection of

packages, affixing of stamps thereto, and special stamps for cask

or package of not less than five wine-gallons filled for shipment,

sale, or delivery on premises of any wholesale liquor-dealer under

rules and regulations prescribed by Commissioner of Internal

Revenue.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 468 of this title.

-CITE-

19 USC Sec. 468 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 4 - transportation in bond and warehousing of merchandise

-HEAD-

Sec. 468. Stamps and brands effaced on emptying packages of

imported liquors

-STATUTE-

Every person who empties or draws off, or causes to be emptied or

drawn off, the contents of any package of imported liquors stamped

as above required, shall, at the time of such emptying, efface,

obliterate, and destroy the stamp thereon, and also all other marks

or brands which shall have been placed thereon in accordance with

the law or regulations concerning imported liquors; every cask or

other package from which the stamp for imported liquors required by

section 467 of this title to be placed thereon shall not be

effaced, obliterated, or destroyed, on emptying such package, shall

be forfeited, and the same may be seized by any officer of internal

revenue wherever found; and all the provisions and penalties of

R.S. Sec. 3324, relating to empty casks or packages from which the

marks, brands, or stamps have not been effaced or obliterated, and

relating to the removal of stamps from packages, and to having in

possession any stamps so removed, shall apply to the stamps for

imported spirits herein provided for, and to the casks or other

packages on which such stamps shall have been used.

-SOURCE-

(Mar. 1, 1879, ch. 125, Sec. 12, 20 Stat. 342; May 28, 1880, ch.

108, Sec. 12, 21 Stat. 148.)

-REFTEXT-

REFERENCES IN TEXT

R.S. Sec. 3324, referred to in text, related to stamps and brands

to be effaced from empty casks and penalty for omitting to efface

and for transporting in violation of law. See sections 5206(d),

5604, and 7301 of Title 26, Internal Revenue Code.

-CITE-

19 USC Sec. 469 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 4 - transportation in bond and warehousing of merchandise

-HEAD-

Sec. 469. Dealing in or using empty stamped imported liquor

containers

-STATUTE-

If any person shall purchase or sell, with the imported-liquor

stamp herein required remaining thereon, or any of the marks or

brands which shall have been placed thereon in accordance with the

laws or regulations concerning imported liquors remaining thereon,

any cask or other package, after the same has been once used to

contain imported liquors and has been emptied; or if any person

shall use or have in possession such cask or package, with any

imitation of such marks or brands, for the purpose of placing

domestic distilled spirits therein for sale; every such cask or

package, with its contents, if any, shall be forfeited to the

United States. And every such person who shall violate any of the

provisions of this section shall be liable to a penalty of $200 for

every such cask or package so purchased, sold, used, or had in

possession.

-SOURCE-

(Mar. 1, 1879, ch. 125, Sec. 13, 20 Stat. 343; May 28, 1880, ch.

108, Sec. 13, 21 Stat. 148.)

-CITE-

19 USC Sec. 471 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 4 - transportation in bond and warehousing of merchandise

-HEAD-

Sec. 471. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Section, act Sept. 21, 1922, ch. 356, title IV, Sec. 560, 42

Stat. 977, related to prohibition of ownership of bonded warehouses

by customs officers.

Corresponding provisions of Tariff Act of 1930, see section 1560

of this title.

-CITE-

19 USC Sec. 472 to 475 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 4 - transportation in bond and warehousing of merchandise

-HEAD-

Sec. 472 to 475. Repealed. Aug. 8, 1953, ch. 397, Sec. 16(f), 67

Stat. 517

-MISC1-

Sections, act June 8, 1896, ch. 371, Sec. 1-4, 29 Stat. 263,

related to special delivery and appraisement of imported articles

of limited value and weight.

EFFECTIVE DATE OF REPEAL

Section 1 of act Aug. 8, 1953, provided that such act is

effective, except as otherwise specifically provided for, on and

after thirtieth day following date of its enactment (Aug. 8, 1953).

The exception ''except as otherwise specifically provided for''

apparently refers to amendments made to provisions preceding subd.

(1) of section 1308 of this title and to section 1557(b) of this

title, for which separate effective dates were provided as

explained in notes under those sections.

SAVINGS PROVISION

Section 23 of act Aug. 8, 1953, provided: ''Except as may be

otherwise provided for in this Act, the repeal of existing law or

modifications thereof embraced in this Act shall not affect any act

done, or any right accruing or accrued, or any suit or proceeding

had or commenced in any civil or criminal case prior to such repeal

or modification, but all liabilities under such laws shall

continue, except as otherwise specifically provided in this Act,

and may be enforced in the same manner as if such repeal, or

modification had not been made.''

-CITE-

19 USC part 5 - enforcement provisions 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 5 - enforcement provisions

.

-HEAD-

part 5 - enforcement provisions

-CITE-

19 USC Sec. 481 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 5 - enforcement provisions

-HEAD-

Sec. 481. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Section, act Sept. 21, 1922, ch. 356, title IV, Sec. 581, 42

Stat. 979, related to seizure of vessel or merchandise.

Corresponding provisions of Tariff Act of 1930, see section 1581 of

this title.

-CITE-

19 USC Sec. 482 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 5 - enforcement provisions

-HEAD-

Sec. 482. Search of vehicles and persons

-STATUTE-

(a) Any of the officers or persons authorized to board or search

vessels may stop, search, and examine, as well without as within

their respective districts, any vehicle, beast, or person, on which

or whom he or they shall suspect there is merchandise which is

subject to duty, or shall have been introduced into the United

States in any manner contrary to law, whether by the person in

possession or charge, or by, in, or upon such vehicle or beast, or

otherwise, and to search any trunk or envelope, wherever found, in

which he may have a reasonable cause to suspect there is

merchandise which was imported contrary to law; and if any such

officer or other person so authorized shall find any merchandise on

or about any such vehicle, beast, or person, or in any such trunk

or envelope, which he shall have reasonable cause to believe is

subject to duty, or to have been unlawfully introduced into the

United States, whether by the person in possession or charge, or

by, in, or upon such vehicle, beast, or otherwise, he shall seize

and secure the same for trial.

(b) Any officer or employee of the United States conducting a

search of a person pursuant to subsection (a) of this section shall

not be held liable for any civil damages as a result of such search

if the officer or employee performed the search in good faith and

used reasonable means while effectuating such search.

-SOURCE-

(R.S. Sec. 3061; Pub. L. 107-210, div. A, title III, Sec. 341(a),

Aug. 6, 2002, 116 Stat. 980.)

-COD-

CODIFICATION

R.S. Sec. 3061 derived from act July 18, 1866, ch. 201, Sec. 3,

14 Stat. 178.

-MISC3-

AMENDMENTS

2002 - Pub. L. 107-210 designated existing provisions as subsec.

(a) and added subsec. (b).

REQUIREMENT TO POST POLICY AND PROCEDURES FOR SEARCHES OF

PASSENGERS

Pub. L. 107-210, div. A, title III, Sec. 341(b), Aug. 6, 2002,

116 Stat. 980, provided that: ''Not later than 30 days after the

date of the enactment of this Act (Aug. 6, 2002), the Commissioner

of Customs shall ensure that at each Customs border facility

appropriate notice is posted that provides a summary of the policy

and procedures of the Customs Service for searching passengers,

including a statement of the policy relating to the prohibition on

the conduct of profiling of passengers based on gender, race,

color, religion, or ethnic background.''

(For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.)

-CITE-

19 USC Sec. 483 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 5 - enforcement provisions

-HEAD-

Sec. 483. Repealed. Sept. 1, 1954, ch. 1213, title V, Sec. 502, 68

Stat. 1140

-MISC1-

Section, R.S. Sec. 3062; act Aug. 5, 1935, ch. 438, title II,

Sec. 208, 49 Stat. 526, related to forfeitures and penalty for

aiding unlawful importation. See section 1595a of this title.

-CITE-

19 USC Sec. 484 to 493 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 5 - enforcement provisions

-HEAD-

Sec. 484 to 493. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 582-591, 42

Stat. 979-981, related to examination of persons and baggage,

production and certification of manifests, and enforcement

provisions.

Provisions of Tariff Act of 1930 corresponding to section 484,

see section 1582 of this title: section 485, see section 1583 of

this title; section 486, see section 1584 of this title; section

487, see section 1585 of this title; section 488, see section 1586

of this title; section 489, see section 1586(d) of this title;

section 490, see section 1588 of this title.

-CITE-

19 USC Sec. 494 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 5 - enforcement provisions

-HEAD-

Sec. 494. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(27), 70 Stat.

948

-MISC1-

Section, act June 22, 1874, ch. 391, Sec. 13, 18 Stat. 188,

provided for seizure of merchandise as security for fines. See

section 542 of Title 18, Crimes and Criminal Procedure.

-CITE-

19 USC Sec. 495 to 505 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 5 - enforcement provisions

-HEAD-

Sec. 495 to 505. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 592,

593(a), (b), 594-601, 42 Stat. 982 to 984, related to seizure and

forfeiture of vessels, vehicles and merchandise.

Provisions of Tariff Act of 1930 corresponding to section 495,

see section 1592 of this title; section 496, see section 1593(a)

(repealed) of this title; section 498, see section 1594 of this

title; section 499, see section 1595 of this title; section 503,

see section 1599 of this title.

-CITE-

19 USC Sec. 506 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 5 - enforcement provisions

-HEAD-

Sec. 506. Repealed. Aug. 5, 1935, ch. 438, title II, Sec. 203(b),

49 Stat. 523

-MISC1-

Section, R.S. Sec. 3072, related to duty of customs officers to

seize and make secure vessels or merchandise.

-CITE-

19 USC Sec. 507 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 5 - enforcement provisions

-HEAD-

Sec. 507. Officers to make character known; assistance for officers

-STATUTE-

(a) Every customs officer shall -

(1) upon being questioned at the time of executing any of the

powers conferred upon him, make known his character as an officer

of the Federal Government; and

(2) have the authority to demand the assistance of any person

in making any arrest, search, or seizure authorized by any law

enforced or administered by customs officers, if such assistance

may be necessary.

If a person, without reasonable excuse, neglects or refuses to

assist a customs officer upon proper demand under paragraph (2),

such person is guilty of a misdemeanor and subject to a fine of not

more than $1,000.

(b) Any person other than an officer or employee of the United

States who renders assistance in good faith upon the request of a

customs officer shall not be held liable for any civil damages as a

result of the rendering of such assistance if the assisting person

acts as an ordinary, reasonably prudent person would have acted

under the same or similar circumstances.

-SOURCE-

(R.S. Sec. 3071; Pub. L. 99-570, title III, Sec. 3152, Oct. 27,

1986, 100 Stat. 3207-94.)

-COD-

CODIFICATION

R.S. Sec. 3071 derived from act July 18, 1866, ch. 201, Sec. 10,

14 Stat. 180.

-MISC3-

AMENDMENTS

1986 - Pub. L. 99-570 amended section generally. Prior to

amendment, section read as follows: ''Every officer or other person

authorized to make searches and seizures by this title, shall, at

the time of executing any of the powers conferred upon him, make

known, upon being questioned, his character as an officer or agent

of the customs or Government, and shall have authority to demand of

any person within the distance of three miles to assist him in

making any arrests, search, or seizure authorized by this title,

where such assistance may be necessary; and if such person shall,

without reasonable excuse, neglect or refuse so to assist, upon

proper demand, he shall be deemed guilty of a misdemeanor,

punishable by a fine of not more than $200, nor less than $5.''

-CITE-

19 USC Sec. 508 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 5 - enforcement provisions

-HEAD-

Sec. 508. Persons making seizures pleading general issue and

proving special matter

-STATUTE-

If any officer, or other person, executing or aiding or assisting

in the seizure of goods, under any Act providing for or regulating

the collection of duties on imports or tonnage, is sued for

anything done in virtue of the powers given thereby, or by virtue

of a warrant granted by any judge, or justice, pursuant to law, he

may plead the general issue and give such Act and the special

matter in evidence.

-SOURCE-

(R.S. Sec. 3073.)

-COD-

CODIFICATION

R.S. Sec. 3073 derived from act Mar. 2, 1799, ch. 22, Sec. 71, 1

Stat. 678.

-CITE-

19 USC Sec. 509 to 521 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 5 - enforcement provisions

-HEAD-

Sec. 509 to 521. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 602-614, 42

Stat. 984-987, related to pleading, procedure and disposition of

seized articles or proceeds therefrom.

Provisions of Tariff Act of 1930 corresponding to section 509,

see section 1602 of this title; section 510, see section 1603 of

this title; section 511, see section 1604 of this title; section

512, see section 1605 of this title; section 513, see section 1606

of this title; section 514, see section 1607 of this title; section

515, see section 1608 of this title; section 516, see section 1609

of this title; section 517, see section 1610 of this title; section

518, see section 1611 of this title; section 519, see section 1612

of this title; section 520, see section 1613 of this title; section

521, see section 1614 of this title.

-CITE-

19 USC Sec. 522 to 524 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 5 - enforcement provisions

-HEAD-

Sec. 522 to 524. Repealed. Aug. 27, 1935, ch. 740, Sec. 308, 49

Stat. 880

-MISC1-

Sections, act Mar. 3, 1925, ch. 438, Sec. 1-3, 43 Stat. 1116, as

amended by act May 27, 1930, ch. 342, Sec. 9, 46 Stat. 430, related

to summary forfeiture of vessels or vehicles.

-CITE-

19 USC Sec. 525 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 5 - enforcement provisions

-HEAD-

Sec. 525. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Section, act Sept. 21, 1922, ch. 356, title IV, Sec. 615, 42

Stat. 987, related to burden of proof in proceedings for forfeiture

of seized property. Corresponding provisions of Tariff Act of

1930, see section 1615 of this title.

-CITE-

19 USC Sec. 526 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 5 - enforcement provisions

-HEAD-

Sec. 526. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(28), 70 Stat.

948

-MISC1-

Section, R.S. Sec. 3089, related to costs of prosecution. See

section 1613(1) of this title.

-CITE-

19 USC Sec. 527 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 5 - enforcement provisions

-HEAD-

Sec. 527. Sums received from fines and other receipts covered into

Treasury

-STATUTE-

Except as otherwise provided by law, all sums received from

fines, penalties, and forfeitures, connected with the customs, and

from fees paid into the Treasury by customs officers, and from

storage, cartage, drayage, labor, and services, shall be covered

into the Treasury as are other miscellaneous receipts.

-SOURCE-

(Mar. 4, 1907, ch. 2918, Sec. 1, 34 Stat. 1315.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1524 of this title.

-CITE-

19 USC Sec. 528 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 5 - enforcement provisions

-HEAD-

Sec. 528. Appropriate customs officer to receive amount recovered

-STATUTE-

The appropriate customs officer within whose district any seizure

shall be made or forfeiture incurred for any violation of the duty

laws is authorized to receive from the court within which trial is

had, or from the proper officer thereof, the sum recovered, after

deducting all proper charges to be allowed by the court; and on

receipt thereof he shall pay and distribute the same without delay,

according to law.

-SOURCE-

(R.S. Sec. 3087; June 17, 1930, ch. 497, title IV, Sec. 604, 46

Stat. 754; Pub. L. 91-271, title III, Sec. 319, June 2, 1970, 84

Stat. 293.)

-COD-

CODIFICATION

This section was derived from R.S. Sec. 3087, which, however,

contained a further provision requiring collectors to cause suits

to be commenced without delay and prosecuted to effect. That

provision was omitted as inconsistent with section 604 of act Sept.

21, 1922, ch. 356, 42 Stat. 984, constituting former section 511 of

this title. Act Sept. 21, 1922, was repealed by act June 17, 1930,

but section 604 of the latter Act, constituting section 1604 of

this title, reenacted section 604 of the former Act.

-MISC3-

AMENDMENTS

1970 - Pub. L. 91-271 substituted reference to the appropriate

customs officer for reference to the collector.

EFFECTIVE DATE OF 1970 AMENDMENT

For effective date of amendment by Pub. L. 91-271, see section

203 of Pub. L. 91-271, set out as a note under section 1500 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all officers of Department of the Treasury and

functions of all agencies and employees of such Department

transferred, with certain exceptions, to Secretary of the Treasury,

with power vested in him to authorize their performance or

performance of any of his functions, by any of those officers,

agencies, and employees, by Reorg. Plan No. 26 of 1950, Sec. 1, 2,

eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in

the Appendix to Title 5, Government Organization and Employees.

Customs officers, referred to in this section, are under Department

of the Treasury.

-CITE-

19 USC Sec. 529 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 5 - enforcement provisions

-HEAD-

Sec. 529. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Section, act Sept. 21, 1922, ch. 356, title IV, Sec. 616, 42

Stat. 987, related to compromise of claims. See section 1915 of

Title 18, Crimes and Criminal Procedure.

-CITE-

19 USC Sec. 530 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 5 - enforcement provisions

-HEAD-

Sec. 530. Omitted

-COD-

CODIFICATION

Section, act Jan. 22, 1875, ch. 22, 18 Stat. 303, which provided

for dismissal of proceedings, related to act June 22, 1874, ch.

391, Sec. 19, 18 Stat. 190, which was repealed by act Sept. 21,

1922, ch. 356, title IV, Sec. 643, 42 Stat. 989.

-CITE-

19 USC Sec. 531 to 534 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 5 - enforcement provisions

-HEAD-

Sec. 531 to 534. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 617-620, 42

Stat. 987, 988, related to remission or mitigation of fines,

penalties, or forfeitures, and compensation of informers and United

States officers.

Provisions of Tariff Act of 1930 corresponding to section 531,

see section 1617 of this title; section 532, see section 1618 of

this title; section 533, see section 1619 of this title; section

534, see section 1620 of this title.

-CITE-

19 USC Sec. 535 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 5 - enforcement provisions

-HEAD-

Sec. 535. Compulsory production of books, invoices, or papers

-STATUTE-

In all suits and proceedings other than criminal arising under

any of the revenue laws of the United States, the attorney

representing the Government, whenever, in his belief, any business

book, invoice, or paper, belonging to or under the control of the

defendant or claimant, will tend to prove any allegation made by

the United States, may make a written motion, particularly

describing such book, invoice, or paper, and setting forth the

allegation which he expects to prove; and thereupon the court in

which suit or proceeding is pending may, at its discretion, issue a

notice to the defendant or claimant to produce such book, invoice,

or paper in court, at a day and hour to be specified in said

notice, which, together with a copy of said motion, shall be served

formally on the defendant or claimant by the United States marshal

by delivering to him a certified copy thereof, or otherwise serving

the same as original notices of suit in the same court are served;

and if the defendant or claimant shall fail or refuse to produce

such book, invoice, or paper in obedience to such notice, the

allegations stated in the said motion shall be taken as confessed

unless his failure or refusal to produce the same shall be

explained to the satisfaction of the court. And if produced, the

said attorney shall be permitted, under the direction of the court,

to make examination (at which examination the defendant or

claimant, or his agent, may be present) of such entries in said

book, invoice, or paper as relate to or tend to prove the

allegation aforesaid, and may offer the same in evidence on behalf

of the United States. But the owner of said books and papers, his

agent or attorney, shall have, subject to the order of the court,

the custody of them, except pending their examination in court as

aforesaid.

-SOURCE-

(June 22, 1874, ch. 391, Sec. 5, 18 Stat. 187.)

-MISC1-

CONSTITUTIONALITY

This section held unconstitutional as applied to a suit to

enforce a forfeiture decided to be criminal in its nature in Boyd

v. U.S. ((1886), 116 U.S. 616, 6 S. Ct. 524, 29 U.S. (L. Ed.)

746.)

-CITE-

19 USC Sec. 536 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 5 - enforcement provisions

-HEAD-

Sec. 536. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Section, act Sept. 21, 1922, ch. 356, title IV, Sec. 621, 42

Stat. 988, related to limitation of actions for penalties or

forfeitures. Corresponding provisions of Tariff Act of 1930, see

section 1621 of this title.

-CITE-

19 USC Sec. 537 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 5 - enforcement provisions

-HEAD-

Sec. 537. Officers, informers, and defendants as witnesses

-STATUTE-

No officer, or other person entitled to or claiming compensation

under any provision of Act June 22, 1874 (chapter 391, 18 Statutes

188) shall be thereby disqualified from becoming a witness in any

action, suit, or proceeding for the recovery, mitigation, or

remission thereof, but shall be subject to examination and

cross-examination in like manner with other witnesses, without

being thereby deprived of any right, title, share, or interest in

any fine, penalty, or forfeiture to which such examination may

relate; and in every such case the defendant or defendants may

appear and testify and be examined and cross-examined in like

manner.

-SOURCE-

(June 22, 1874, ch. 391, Sec. 8, 18 Stat. 188.)

-REFTEXT-

REFERENCES IN TEXT

Section 4 of Act June 22, 1874, referred to in text, providing

for compensation to officers of the customs or other persons

detecting goods being smuggled, was repealed by act Sept. 21, 1922,

ch. 356, title IV, Sec. 643, 42 Stat. 989. For corresponding

provisions in the Tariff Act of 1930, see section 1619 of this

title.

-CITE-

19 USC Sec. 538, 539 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 5 - enforcement provisions

-HEAD-

Sec. 538, 539. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 622, 623,

42 Stat. 988, related to extensions of time and general rules and

regulations.

Provisions of Tariff Act of 1930 corresponding to section 538,

see section 1318 of this title; section 539, see section 1624 of

this title.

-CITE-

19 USC Sec. 540 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 5 - enforcement provisions

-HEAD-

Sec. 540. President may use suitable vessels for enforcing customs

laws

-STATUTE-

In the execution of laws providing for the collection of duties

on imports and tonnage, the President, in addition to the Coast

Guard vessels in service, may employ in aid thereof such other

suitable vessels as may, in his judgment, be required.

-SOURCE-

(R.S. Sec. 5318; Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800; Aug.

4, 1949, ch. 393, Sec. 1, 20, 63 Stat. 496, 561.)

-COD-

CODIFICATION

R.S. Sec. 5318 derived from act July 13, 1861, ch. 3, Sec. 7, 12

Stat. 257.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

''Coast Guard vessels'' substituted in text for

''revenue-cutters'', the Revenue Cutter Service and the Life-Saving

Service having been combined to form the Coast Guard by section 1

of act Jan. 28, 1915. That act was repealed by section 20 of act

Aug. 4, 1949, section 1 of which reestablished the Coast Guard by

enacting Title 14, Coast Guard.

DELEGATION OF FUNCTIONS

For delegation to Secretary of the Treasury of authority vested

in President by this section, see section 1(i) of Ex. Ord. No.

10289, Sept. 17, 1951, 16 F.R. 9499, as amended, set out as a note

under section 301 of Title 3, The President.

-CITE-

19 USC Sec. 541, 542 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 5 - enforcement provisions

-HEAD-

Sec. 541, 542. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(29),

(30), 70 Stat. 948

-MISC1-

Section 541, R.S. Sec. 2763, authorized use of small boats for

use of customs officials.

Section 542, act Feb. 10, 1913, ch. 35, 37 Stat. 665, authorized

Secretary of the Treasury to use the motorboat provided for Corpus

Christi, Texas.

-CITE-

19 USC part 6 - general provisions 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 6 - general provisions

.

-HEAD-

part 6 - general provisions

-CITE-

19 USC Sec. 571 to 573 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 6 - general provisions

-HEAD-

Sec. 571 to 573. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Sections, act Sept. 21, 1922, ch. 356, title III, Sec. 320, 321,

title IV, Sec. 641, 42 Stat. 947, 989, related to provisions as to

effect of repeals, Treaty with Cuba and certain laws unaffected.

Provisions of Tariff Act of 1930 corresponding to section 571,

see section 1651(c) of this title; section 572, see section 1316 of

this title; section 573, none.

-CITE-

19 USC Sec. 574 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 6 - general provisions

-HEAD-

Sec. 574. Exemption from taking other oaths

-STATUTE-

Nothing contained in title 34 of the Revised Statutes shall be

construed to exempt the masters or owners of vessels from making

and subscribing any oaths required by any laws of the United States

not immediately relating to the collection of the duties on the

importation of merchandise into the United States.

-SOURCE-

(R.S. Sec. 3094.)

-REFTEXT-

REFERENCES IN TEXT

Title 34 of the Revised Statutes, referred to in text, was in the

original ''this Title'', meaning title 34 of the Revised Statutes,

consisting of R.S. Sec. 2517 to 3129. For complete classification

of R.S. Sec. 2517 to 3129 to the Code, see Tables.

-COD-

CODIFICATION

R.S. Sec. 3094 derived from act Mar. 2, 1799, ch. 22, Sec. 110, 1

Stat. 703.

-CITE-

19 USC Sec. 575, 576 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 6 - general provisions

-HEAD-

Sec. 575, 576. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 645, 647,

42 Stat. 990, related to effect of partial invalidity and citation

of chapter.

Provisions of Tariff Act of 1930 corresponding to section 575,

see section 1652 of this title.

-CITE-

19 USC Sec. 577 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 6 - general provisions

-HEAD-

Sec. 577. Repealed. Oct. 31, 1951, ch. 655, Sec. 56(d), 65 Stat.

729

-MISC1-

Section, act Mar. 8, 1902, ch. 140, Sec. 8, 32 Stat. 55, made,

''except as otherwise provided by law'', the provisions of subtitle

IV of this chapter applicable to all articles coming into the

United States from the ''Philippine Archipelago''. Prior to this

repeal, it had been omitted in view of the independence of the

Philippines.

SAVINGS PROVISION

Subsec. (l) of section 56 of act Oct. 31, 1951, provided that the

repeal of this section shall not affect any rights or liabilities

existing hereunder on the effective date of such repeal (Oct. 31,

1951.).

-CITE-

19 USC Sec. 578 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 6 - general provisions

-HEAD-

Sec. 578. Repealed. June 17, 1930, ch. 497, title IV, Sec.

651(a)(1), 46 Stat. 762, eff. June 18, 1930

-MISC1-

Section, act May 29, 1928, ch. 852, Sec. 708, 45 Stat. 881,

related to definition of motor boat.

-CITE-

19 USC Sec. 579 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 6 - general provisions

-HEAD-

Sec. 579. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(32), 70 Stat.

948

-MISC1-

Section, R.S. Sec. 960, provided that in a suit on bond for the

recovery of duties the court should grant judgment unless defendant

made an oath that an error was committed in the liquidation of the

duties demanded. See section 1514 of this title.

-CITE-

19 USC Sec. 580 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS

SUBTITLE IV - CUSTOMS ADMINISTRATION

Administrative Provisions

part 6 - general provisions

-HEAD-

Sec. 580. Interest in suits on bonds for recovery of duties

-STATUTE-

Upon all bonds, on which suits are brought for the recovery of

duties, interest shall be allowed, at the rate of 6 per centum a

year, from the time when said bonds became due.

-SOURCE-

(R.S. Sec. 963.)

-COD-

CODIFICATION

R.S. Sec. 963 derived from act Mar. 2, 1799, ch. 22, Sec. 65, 1

Stat. 676.

Section was formerly classified to section 787 of Title 28 prior

to the general revision and enactment of Title 28, Judiciary and

Judicial Procedure, by act June 25, 1948, ch. 646, Sec. 1, 62 Stat.

869.

-CITE-