US (United States) Code. Title 19. Chapter 4: Tariff Act of 1930

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

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-SOURCE-

(June 17, 1930, ch. 497, title III, Sec. 338, 46 Stat. 704.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title III, Sec. 317, 42 Stat. 944. That

section was superseded by section 338 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 Act.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1337 of this title.

-CITE-

19 USC Sec. 1339 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part II - United States International Trade Commission

-HEAD-

Sec. 1339. Trade Remedy Assistance Office

-STATUTE-

(a) Establishment; public information

There is established in the Commission a separate office to be

known as the Trade Remedy Assistance Office which shall provide

full information to the public upon request and shall, to the

extent feasible, provide assistance and advice to interested

parties concerning -

(1) remedies and benefits available under the trade laws, and

(2) the petition and application procedures, and the

appropriate filing dates, with respect to such remedies and

benefits.

(b) Procedural assistance by Office and other agencies

The Trade Remedy Assistance Office, in coordination with each

agency responsible for administering a trade law, shall provide

technical and legal assistance and advice to eligible small

businesses to enable them -

(1) to prepare and file petitions and applications (other than

those which, in the opinion of the Office, are frivolous); and

(2) to seek to obtain the remedies and benefits available under

the trade laws, including any administrative review or

administrative appeal thereunder.

(c) Definitions

For purposes of this section -

(1) The term ''eligible small business'' means any business

concern which, in the agency's judgment, due to its small size,

has neither adequate internal resources nor financial ability to

obtain qualified outside assistance in preparing and filing

petitions and applications for remedies and benefits under trade

laws. In determining whether a business concern is an ''eligible

small business'', the agency may consult with the Small Business

Administration, and shall consult with any other agency that has

provided assistance under subsection (b) of this section to that

business concern. An agency decision regarding whether a

business concern is an eligible small business for purposes of

this section is not reviewable by any other agency or by any

court.

(2) The term ''trade laws'' means -

(A) chapter 1 of title II of the Trade Act of 1974 (19 U.S.C.

2251 et seq., relating to injury caused by import competition);

(B) chapters 2 and 3 of such title II (19 U.S.C. 2271 et

seq., 2341 et seq.) (relating to adjustment assistance for

workers and firms);

(C) chapter 1 of title III of the Trade Act of 1974 (19

U.S.C. 2411 et seq., relating to relief from foreign import

restrictions and export subsidies);

(D) subtitle IV of this chapter (relating to the imposition

of countervailing duties and antidumping duties);

(E) section 1862 of this title (relating to the safeguarding

of national security); and

(F) section 1337 of this title (relating to unfair practices

in import trade).

-SOURCE-

(June 17, 1930, ch. 497, title III, Sec. 339, as added Pub. L.

98-573, title II, Sec. 221((a)), Oct. 30, 1984, 98 Stat. 2989; Pub.

L. 99-514, title XVIII, Sec. 1888(3), Oct. 22, 1986, 100 Stat.

2924; Pub. L. 100-418, title I, Sec. 1614, Aug. 23, 1988, 102 Stat.

1263.)

-REFTEXT-

REFERENCES IN TEXT

The Trade Act of 1974, referred to in subsec. (c)(2)(A) to (C),

is Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as amended.

Chapters 1, 2, and 3 of title II of the Trade Act of 1974 are

classified generally to parts 1 (Sec. 2251 et seq.), 2 (Sec. 2271

et seq.), and 3 (Sec. 2341 et seq.) of subchapter II of chapter 12

of this title, respectively. Chapter 1 of title III of the Trade

Act of 1974 is classified generally to subchapter III (Sec. 2411 et

seq.) of chapter 12 of this title. For complete classification of

this Act to the Code, see section 2101 of this title and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 339 of act June 17, 1930, related to effect of

repeal and reenactment of laws relating to Tariff Commission upon

status of appropriations, employees, and privileges, prior to

repeal by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 648.

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-418, Sec. 1614(1), substituted

''a separate office to be known as the Trade'' for ''a Trade'', and

''upon request and shall, to the extent feasible, provide

assistance and advice to interested parties'' for '', upon

request,'' in introductory provisions.

Subsec. (b). Pub. L. 100-418, Sec. 1614(2), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: ''Each

agency responsible for administering a trade law shall provide

technical assistance to eligible small businesses to enable them to

prepare and file petitions and applications (other than those

which, in the opinion of the agency, are frivolous) to obtain the

remedies and benefits that may be available under that law.''

1986 - Subsec. (c)(2)(A). Pub. L. 99-514 substituted ''injury''

for ''relief''.

EFFECTIVE DATE

Section 221(b) of Pub. L. 98-573 provided that: ''Section 339 of

the Tariff Act of 1930 (this section) (as added by subsection (a))

shall take effect on the 90th day after the date of the enactment

of this Act (Oct. 30, 1984).''

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title

XVIII (Sec. 1801-1899A) of Pub. L. 99-514 require an amendment to

any plan, such plan amendment shall not be required to be made

before the first plan year beginning on or after Jan. 1, 1989, see

section 1140 of Pub. L. 99-514, as amended, set out as a note under

section 401 of Title 26, Internal Revenue Code.

-CITE-

19 USC Sec. 1340 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part II - United States International Trade Commission

-HEAD-

Sec. 1340. Omitted

-COD-

CODIFICATION

Section, act June 17, 1930, ch. 497, title III, Sec. 340, 46

Stat. 706, related to preparation of a certain report by commission

to Congress. See Tariff Commission Reports, No. 46, Parts 1 to 8.

-CITE-

19 USC Sec. 1341 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part II - United States International Trade Commission

-HEAD-

Sec. 1341. Interference with functions of Commission

-STATUTE-

(a) Interfering with or influencing the Commission or its employees

It shall be unlawful for any person (1) to prevent or attempt to

prevent, by force, intimidation, threat, or in any other manner,

any member or employee of the commission from exercising the

functions imposed upon the commission by this subtitle, or (2) to

induce, or attempt to induce, by like means any such member or

employee to make any decision or order, or to take any action, with

respect to any matter within the authority of the commission.

(b) Penalty

Any person who violates any of the provisions of this section

shall, upon conviction thereof, be fined not more than $1,000 or

imprisonment for not more than one year, or both.

(c) ''Person'' defined

As used in this section the term ''person'' includes an

individual, corporation, association, partnership, or any other

organization or group of individuals.

-SOURCE-

(June 17, 1930, ch. 497, title III, Sec. 341, 46 Stat. 707.)

-CITE-

19 USC Part III - Promotion of Foreign Trade 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part III - Promotion of Foreign Trade

.

-HEAD-

Part III - Promotion of Foreign Trade

-CITE-

19 USC Sec. 1351 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part III - Promotion of Foreign Trade

-HEAD-

Sec. 1351. Foreign trade agreements

-STATUTE-

(a) Authority of President; modification and decrease of duties;

altering import restrictions

(1) For the purpose of expanding foreign markets for the products

of the United States (as a means of assisting in establishing and

maintaining a better relationship among various branches of

American agriculture, industry, mining, and commerce) by regulating

the admission of foreign goods into the United States in accordance

with the characteristics and needs of various branches of American

production so that foreign markets will be made available to those

branches of American production which require and are capable of

developing such outlets by affording corresponding market

opportunities for foreign products in the United States, the

President, whenever he finds as a fact that any existing duties or

other import restrictions of the United States or any foreign

country are unduly burdening and restricting the foreign trade of

the United States and that the purpose above declared will be

promoted by the means hereinafter specified, is authorized from

time to time -

(A) To enter into foreign trade agreements with foreign

governments or instrumentalities thereof: Provided, That the

enactment of the Trade Agreements Extension Act of 1955 shall not

be construed to determine or indicate the approval or disapproval

by the Congress of the executive agreement known as the General

Agreement on Tariffs and Trade.

(B) To proclaim such modifications of existing duties and other

import restrictions, or such additional import restrictions, or

such continuance, and for such minimum periods, of existing

customs or excise treatment of any article covered by foreign

trade agreements, as are required or appropriate to carry out any

foreign trade agreement that the President has entered into

hereunder.

(2) No proclamation pursuant to paragraph (1)(B) of this

subsection shall be made -

(A) Increasing by more than 50 per centum any rate of duty

existing on July 1, 1934; except that a specific rate of duty

existing on July 1, 1934, may be converted to its ad valorem

equivalent based on the value of imports of the article concerned

during the calendar year 1934 (determined in the same manner as

provided in subparagraph (D)(ii)) and the proclamation may

provide an ad valorem rate of duty not in excess of 50 per centum

above such ad valorem equivalent.

(B) Transferring any article between the dutiable and free

lists.

(C) In order to carry out a foreign trade agreement entered

into by the President before June 12, 1955, or with respect to

which notice of intention to negotiate was published in the

Federal Register on November 16, 1954, decreasing by more than 50

per centum any rate of duty existing on January 1, 1945.

(D) In order to carry out a foreign trade agreement entered

into by the President on or after June 12, 1955, and before July

1, 1958, decreasing (except as provided in subparagraph (C) of

this paragraph) any rate of duty below the lowest of the

following rates:

(i) The rate 15 per centum below the rate existing on January

1, 1955.

(ii) In the case of any article subject to an ad valorem rate

of duty above 50 per centum (or a combination of ad valorem

rates aggregating more than 50 per centum), the rate 50 per

centum ad valorem (or a combination of ad valorem rates

aggregating 50 per centum). In the case of any article subject

to a specific rate of duty (or a combination of rates including

a specific rate) the ad valorem equivalent of which has been

determined by the President to have been above 50 per centum

during a period determined by the President to be a

representative period, the rate 50 per centum ad valorem or the

rate (or a combination of rates), however stated, the ad

valorem equivalent of which the President determines would have

been 50 per centum during such period. The standards of

valuation contained in section 1401a of this title (as in

effect, with respect to the article concerned, during the

representative period) shall be utilized by the President, to

the maximum extent he finds such utilization practicable, in

making the determinations under the preceding sentence.

(E) In order to carry out a foreign trade agreement entered

into by the President on or after July 1, 1958, decreasing any

rate of duty below the lowest of the rates provided for in

paragraph (4)(A) of this subsection.

(3)(A) Subject to the provisions of subparagraphs (B) and (C) of

this paragraph and of subparagraph (B) of paragraph (4) of this

subsection, the provisions of any proclamation made under paragraph

(1)(B) of this subsection, and the provisions of any proclamation

of suspension under paragraph (5) of this subsection, shall be in

effect from and after such time as is specified in the

proclamation.

(B) In the case of any decrease in duty to which paragraph (2)(D)

of this subsection applies -

(i) if the total amount of the decrease under the foreign trade

agreement does not exceed 15 per centum of the rate existing on

January 1, 1955, the amount of decrease becoming initially

effective at one time shall not exceed 5 per centum of the rate

existing on January 1, 1955;

(ii) except as provided in clause (i), not more than one-third

of the total amount of the decrease under the foreign trade

agreement shall become initially effective at one time; and

(iii) no part of the decrease after the first part shall become

initially effective until the immediately previous part shall

have been in effect for a period or periods aggregating not less

than one year.

(C) No part of any decrease in duty to which the alternative

specified in paragraph (2)(D)(i) of this subsection applies shall

become initially effective after the expiration of the three-year

period which begins on July 1, 1955. If any part of such decrease

has become effective, then for purposes of this subparagraph any

time thereafter during which such part of the decrease is not in

effect by reason of legislation of the United States or action

thereunder shall be excluded in determining when the three-year

period expires.

(D) If (in order to carry out a foreign trade agreement entered

into by the President on or after June 12, 1955) the President

determines that such action will simplify the computation of the

amount of duty imposed with respect to an article, he may exceed

any limitation specified in paragraph (2)(C) or (D) or paragraph

(4)(A) or (B) of this subsection or subparagraph (B) of this

paragraph by not more than whichever of the following is lesser:

(i) The difference between the limitation and the next lower

whole number, or

(ii) One-half of 1 per centum ad valorem.

In the case of a specific rate (or of a combination of rates which

includes a specific rate), the one-half of 1 per centum specified

in clause (ii) of the preceding sentence shall be determined in the

same manner as the ad valorem equivalent of rates not stated wholly

in ad valorem terms is determined for the purposes of paragraph

(2)(D)(ii) of this subsection.

(4)(A) No proclamation pursuant to paragraph (1)(B) of this

subsection shall be made, in order to carry out a foreign trade

agreement entered into by the President on or after July 1, 1958,

decreasing any rate of duty below the lowest of the following

rates:

(i) The rate which would result from decreasing the rate

existing on July 1, 1958, by 20 per centum of such rate.

(ii) Subject to paragraph (2)(B) of this subsection, the rate 2

per centum ad valorem below the rate existing on July 1, 1958.

(iii) The rate 50 per centum ad valorem or, in the case of any

article subject to a specific rate of duty or to a combination of

rates including a specific rate, any rate (or combination of

rates), however stated, the ad valorem equivalent of which has

been determined as 50 per centum ad valorem.

The provisions of clauses (ii) and (iii) of this subparagraph and

of subparagraph (B)(ii) of this paragraph shall, in the case of any

article, subject to a combination of ad valorem rates of duty,

apply to the aggregate of such rates; and, in the case of any

article, subject to a specific rate of duty or to a combination of

rates including a specific rate, such provisions shall apply on the

basis of the ad valorem equivalent of such rate or rates, during a

representative period (whether or not such period includes July 1,

1958), determined in the same manner as the ad valorem equivalent

of rates not stated wholly in ad valorem terms is determined for

the purpose of paragraph (2)(D)(ii) of this subsection.

(B)(i) In the case of any decrease in duty to which clause (i) of

subparagraph (A) of this paragraph applies, such decrease shall

become initially effective in not more than four annual stages, and

no amount of decrease becoming initially effective at one time

shall exceed 10 per centum of the rate of duty existing on July 1,

1958, or, in any case in which the rate has been increased since

that date, exceed such 10 per centum or one-third of the total

amount of the decrease under the foreign trade agreement, whichever

is the greater.

(ii) In the case of any decrease in duty to which clause (ii) of

subparagraph (A) of this paragraph applies, such decrease shall

become initially effective in not more than four annual stages, and

no amount of decrease becoming initially effective at one time

shall exceed 1 per centum ad valorem or, in any case in which the

rate has been increased since July 1, 1958, exceed such 1 per

centum or one-third of the total amount of the decrease under the

foreign trade agreement, whichever is the greater.

(iii) In the case of any decrease in duty to which clause (iii)

of subparagraph (A) of this paragraph applies, such decrease shall

become initially effective in not more than four annual stages, and

no amount of decrease becoming initially effective at one time

shall exceed one-third of the total amount of the decrease under

the foreign trade agreement.

(C) In the case of any decrease in duty to which subparagraph (A)

of this paragraph applies (i) no part of a decrease after the first

part shall become initially effective until the immediately

previous part shall have been in effect for a period or periods

aggregating not less than one year, nor after the first part shall

have been in effect for a period or periods aggregating more than

three years, and (ii) no part of a decrease shall become initially

effective after the expiration of the four-year period which begins

on July 1, 1962. If any part of a decrease has become effective,

then for the purposes of clauses (i) and (ii) of the preceding

sentence any time thereafter during which such part of the decrease

is not in effect by reason of legislation of the United States or

action thereunder shall be excluded in determining when the

three-year period or the four-year period, as the case may be,

expires.

(5) Repealed. Pub. L. 87-794, title II, Sec. 257(b), Oct. 11,

1962, 76 Stat. 882.

(6) The President may at any time terminate, in whole or in part,

any proclamation made pursuant to this section.

(b) Cuba; preferential customs treatment; decrease of rates

Nothing in this section or the Trade Expansion Act of 1962 (19

U.S.C. 1801 et seq.) shall be construed to prevent the application,

with respect to rates of duty established under this section or the

Trade Expansion Act of 1962 pursuant to agreements with countries

other than Cuba, of the provisions of the treaty of commercial

reciprocity concluded between the United States and the Republic of

Cuba on December 11, 1902, or to preclude giving effect to an

agreement with Cuba concluded under this section or the Trade

Expansion Act of 1962, modifying the existing preferential customs

treatment of any article the growth, produce, or manufacture of

Cuba. Nothing in this chapter or the Trade Expansion Act of 1962

shall be construed to preclude the application to any product of

Cuba (including products preferentially free of duty) of a rate of

duty not higher than the rate applicable to the like products of

other foreign countries (except the Philippines), whether or not

the application of such rate involves any preferential customs

treatment. No rate of duty on products of Cuba shall be decreased

-

(1) In order to carry out a foreign trade agreement entered

into by the President before June 12, 1955, by more than 50 per

centum of the rate of duty existing on January 1, 1945, with

respect to products of Cuba.

(2) In order to carry out a foreign trade agreement entered

into by the President on or after June 12, 1955, and before July

1, 1962, below the applicable alternative specified in subsection

(a)(2)(C) or (D) or (4)(A) of this section (subject to the

applicable provisions of subsection (a)(3)(B), (C), and (D) and

(4)(B) and (C) of this section), each such alternative to be read

for the purposes of this paragraph as relating to the rate of

duty applicable to products of Cuba. With respect to products of

Cuba, the limitation of subsection (a)(2)(D)(ii) or (4)(A)(iii)

of this section may be exceeded to such extent as may be required

to maintain an absolute margin of preference to which such

products are entitled.

(3) In order to carry out a foreign trade agreement entered

into after June 30, 1962, and before July 1, 1967, below the

lowest rate permissible by applying title II of the Trade

Expansion Act of 1962 (19 U.S.C. 1821 et seq.) to the rate of

duty (however established, and even though temporarily suspended

by Act of Congress or otherwise) existing on July 1, 1962, with

respect to such product.

(c) Definitions

(1) As used in this section, the term ''duties and other import

restrictions'' includes (A) rate and form of import duties and

classification of articles, and (B) limitations, prohibitions,

charges, and exactions other than duties, imposed on importation or

imposed for the regulation of imports.

(2) For purposes of this section -

(A) Except as provided in subsection (d) of this section, the

terms ''existing on July 1, 1934'', ''existing on January 1,

1945'', ''existing on January 1, 1955'', and ''existing on July

1, 1958'' refer to rates of duty (however established, and even

though temporarily suspended by Act of Congress or otherwise)

existing on the date specified, except rates in effect by reason

of action taken pursuant to section 1362 of this title.

(B) The term ''existing'' without the specification of any

date, when used with respect to any matter relating to the

conclusion of, or proclamation to carry out, a foreign trade

agreement, means existing on the day on which that trade

agreement is entered into.

(d) Rate basis for additional increases or decreases; restoration

of terminated treaties forbidden

(1) When any rate of duty has been increased or decreased for the

duration of war or an emergency, by agreement or otherwise, any

further increase or decrease shall be computed upon the basis of

the post-war or post-emergency rate carried in such agreement or

otherwise.

(2) Where under a foreign trade agreement the United States has

reserved the unqualified right to withdraw or modify, after the

termination of war or an emergency, a rate on a specific commodity,

the rate on such commodity to be considered as ''existing on

January 1, 1945'' for the purpose of this section shall be the rate

which would have existed if the agreement had not been entered

into.

(3) No proclamation shall be made pursuant to this section for

the purpose of carrying out any foreign trade agreement the

proclamation with respect to which has been terminated in whole by

the President prior to July 5, 1945.

(e) Repealed. Pub. L. 87-794, title II, Sec. 257(b), Oct. 11, 1962,

76 Stat. 882

(f) Information and advice from industry, agriculture, and labor

It is declared to be the sense of the Congress that the

President, during the course of negotiating any foreign trade

agreement under this section, should seek information and advice

with respect to such agreement from representatives of industry,

agriculture, and labor.

-SOURCE-

(June 17, 1930, ch. 497, title III, Sec. 350, as added June 12,

1934, ch. 474, Sec. 1, 48 Stat. 943; amended June 7, 1943, ch. 118,

Sec. 2, 57 Stat. 125; July 5, 1945, ch. 269, Sec. 2, 3, 59 Stat.

410; Sept. 26, 1949, ch. 585, Sec. 4, 6, 63 Stat. 698; June 21,

1955, ch. 169, Sec. 3, 69 Stat. 162; Pub. L. 85-686, Sec. 3, Aug.

20, 1958, 72 Stat. 673; Pub. L. 87-794, title II, Sec. 257(a), (b),

Oct. 11, 1962, 76 Stat. 881, 882; Pub. L. 96-39, title II, Sec.

202(a)(3), July 26, 1979, 93 Stat. 202.)

-REFTEXT-

REFERENCES IN TEXT

The Trade Agreements Extension Act of 1955, referred to in

subsec. (a)(1)(A), is act June 21, 1955, ch. 169, 69 Stat. 162,

which is classified to sections 1351(a), (b), (c), (e), 1352(c),

1352a, 1363(b), and 1364(a), (b), (e) of this title. For complete

classification of this Act to the Code, see Short Title of 1955

Amendment note set out under section 1654 of this title and Tables.

Paragraph (5) of this subsection, referred to in subsec.

(a)(3)(A), was repealed by Pub. L. 87-794, title III, Sec. 257(b),

Oct. 11, 1962, 76 Stat. 882.

The Trade Expansion Act of 1962, referred to in subsec. (b), is

Pub. L. 87-794, Oct. 11, 1962, 76 Stat. 872, as amended, which is

classified generally to chapter 7 (Sec. 1801 et seq.) of this

title. Title II of the Trade Expansion Act of 1962, also referred

to in subsec. (b), is classified generally to subchapter II (Sec.

1821 et seq.) of chapter 7 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 1801 of this title and Tables.

Section 1362 of this title, referred to in subsec. (c)(2)(A),

related to suspension or withdrawal of concessions from Communistic

areas and was repealed by Pub. L. 87-794, title II, Sec. 257(e)(1),

Oct. 11, 1962, 76 Stat. 882.

-MISC2-

AMENDMENTS

1979 - Subsec. (a)(2)(D)(ii). Pub. L. 96-39 struck out reference

to standards of valuation contained in section 1402 of this title.

1962 - Subsec. (a)(5). Pub. L. 87-794, Sec. 257(b), repealed par.

(5) which provided that, subject to the provisions of section 1362

of this title, duties and other import restrictions proclaimed

pursuant to this section shall apply to all articles the growth,

produce, or manufacture of all foreign countries, whether imported

directly or indirectly, and required the President to suspend the

application to articles the growth, produce, or manufacture of any

country because of its discriminatory treatment of American

commerce or because of other acts (including the operations of

international cartels) or policies which in his opinion tend to

defeat the purposes of this section.

Subsec. (b). Pub. L. 87-794, Sec. 257(a), inserted references to

the Trade Expansion Act of 1962 in first and second sentences,

substituted ''1955, and before July 1, 1962'' for ''1955'' in par.

(2), and added par. (3).

Subsec. (e). Pub. L. 87-794, Sec. 257(b), repealed subsec. (e)

which related to reports to Congress by the President and the

Tariff Commission.

1958 - Subsec. (a)(2)(A). Pub. L. 85-686, Sec. 3(a)(1),

substituted ''any rate of duty existing on July 1, 1934'' for ''any

rate of duty existing on July 1, 1945'', and inserted provisions

permitting conversion of a specific rate of duty existing on July

1, 1934, to its ad valorem equivalent, and allowing an ad valorem

rate of duty not in excess of 50 per centum above such ad valorem

equivalent.

Subsec. (a)(2)(D). Pub. L. 85-686, Sec. 3(a)(2), (3), inserted

''and before July 1, 1958,'' after ''June 12, 1955'', in opening

par., and substituted ''section 1401a or 1402 of this title (as in

effect, with respect to the article concerned,'' for ''section 1402

of this title (as in effect''.

Subsec. (a)(2)(E). Pub. L. 85-686, Sec. 3(a)(4), added subpar.

(E).

Subsec. (a)(3)(A). Pub. L. 85-686, Sec. 3(a)(5), inserted ''and

of subparagraph (B) of paragraph 4 of this subsection'' after

''subparagraphs (B) and (C) of this paragraph'', and substituted

''suspension under paragraph (5)'' for ''suspension under paragraph

(4)''.

Subsec. (a)(3)(D). Pub. L. 85-686, Sec. 3(a)(6), inserted ''or

paragraph (4)(A) or (B)'' after ''paragraph (2)(C) or (D)''.

Subsec. (a)(4) to (6). Pub. L. 85-686, Sec. 3(a)(7), (8), added

par. (4) and redesignated former pars. (4) and (5) as (5) and (6),

respectively.

Subsec. (b). Pub. L. 85-686, Sec. 3(b)(1), substituted ''an

agreement with Cuba'' for ''an exclusive agreement with Cuba'' in

opening par.

Subsec. (b)(2). Pub. L. 85-686, Sec. 3(b)(2), inserted ''or

(4)(A)'' after ''subsection (a)(2)(C) or (D)'', ''and (4)(B) and

(C)'' after ''subsection (a)(3)(B), (C), and (D)'', and ''or

(4)(A)(iii)'' after ''subsection (a)(2)(D)(ii)''.

Subsec. (c)(2)(A). Pub. L. 85-686, Sec. 3(c), defined ''existing

on July 1, 1934'' and ''existing on July 1, 1958''.

Subsec. (e)(1). Pub. L. 85-686, Sec. 3(d), provided for the

inclusion in the report of the results of action taken to obtain

removal of foreign trade restrictions (including discriminatory

restrictions) against United States exports, remaining

restrictions, and the measures available to seek their removal in

accordance with the objectives of this section.

Subsec. (f). Pub. L. 85-686, Sec. 3(e), added subsec. (f).

1955 - Subsec. (a). Act June 21, 1955, Sec. 3(a), among other

changes, authorized the President to reduce tariff rates existing

on January 1, 1955 by a total of 15 percent in stages of not more

than 5 percent of such rates, or to reduce those rates which are

higher than 50 percent of the value of an import to a rate not less

than 50 percent, in stages of not more than one-third of the

reduction in any one year.

Subsec. (b). Act June 21, 1955, Sec. 3(b), made applicable to

Cuban products the new limits of authority to reduce tariffs.

Subsec. (c). Act June 21, 1955, Sec. 3(c), designated existing

provisions as par. (1) and added par. (2).

Subsec. (e). Act June 21, 1955, Sec. 3(d), added subsec. (e).

1949 - Subsec. (a). Act Sept. 26, 1949, struck out obsolete

language referring to the depression which existed at the time of

the original enactment of section.

Subsec. (b). Act Sept. 26, 1949, substituted period for colon

following Cuba, struck out proviso which followed, and inserted in

lieu thereof the last two sentences.

1945 - Subsec. (a)(2). Act July 5, 1945, struck out ''existing''

after ''per centum any'', and inserted '', however established,

existing on January 1, 1945 (even though temporarily suspended by

Act of Congress),'' after ''rate of duty''.

Subsec. (b). Act July 5, 1945, struck out ''payable'' after

''That the duties'', and substituted ''however established,

existing on January 1, 1945 (even though temporarily suspended by

Act of Congress).'' for ''now payable thereon'' in proviso.

Subsec. (d). Act July 5, 1945, added subsec. (d).

1943 - Subsec. (a)(2). Act June 7, 1943, inserted matter within

parentheses in proviso.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-39 effective July 1, 1980, see section

204(a) of Pub. L. 96-39, set out as a note under section 1401a of

this title.

TREATY BETWEEN UNITED STATES AND CUBA

The treaty concluded between the United States and the Republic

of Cuba, on Dec. 11, 1902, referred to in subsec. (b) of the text,

was terminated Aug. 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.

TARIFF TREATMENT OF CUBAN PRODUCTS

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

78, provided that:

''(a) Cuba is hereby declared to be a nation described in section

5 of the Trade Agreements Extension Act of 1951, as amended (19

U.S.C. 1362, relating to imports from nations and areas dominated

or controlled by the foreign government or foreign organization

controlling the world Communist movement). Articles which are -

''(1) the growth, produce, or manufacture of Cuba, and

''(2) imported on or after the date of enactment of this Act

(May 24, 1962),

shall be denied the benefits of concessions contained in any trade

agreement entered into under the authority of section 350 of the

Tariff Act of 1930, as amended (19 U.S.C. 1351).

''(b) Nothing in subsection (a) shall affect the rates of duty or

the customs or excise treatment of articles the growth, produce, or

manufacture of any country other than Cuba.

''(c) Subsection (a) shall not apply on or after the date on

which the President proclaims that he has determined that Cuba is

no longer dominated or controlled by the foreign government or

foreign organization controlling the world Communist movement.

''(d) The Act of December 17, 1903 (19 U.S.C. 124, 125), and

section 316 of the Tariff Act of 1930, as amended (19 U.S.C. 1316),

both relating to the implementation of the treaty with Cuba

concluded on December 11, 1902, shall not apply during the period

during which subsection (a) applies.''

ADMINISTRATION OF TRADE AGREEMENTS PROGRAM

For provisions relating to the administration of the trade

agreements program, see Ex. Ord. No. 11846, Mar. 27, 1975, 40 F.R.

14291, set out as a note under section 2111 of this title.

CONGRESSIONAL APPROVAL OR DISAPPROVAL OF GENERAL AGREEMENT ON

TARIFFS AND TRADE

Section 10 of Pub. L. 85-686 provided that: ''The enactment of

this Act (enacting section 1335 of this title, amending sections

1333, 1336, 1337, 1351, 1352a, 1360 and 1364 of this title, and

enacting notes set out under sections 1351 and 1352 of this title)

shall not be construed to determine or indicate the approval or

disapproval by the Congress of the executive agreement known as the

General Agreement on Tariffs and Trade.''

REDUCTION OF PROTECTION RESULTING FROM 1956 AMENDMENTS

Section 2(e) of act Aug. 2, 1956, ch. 887, 70 Stat. 946, provided

that: ''In any action relating to tariff adjustments by executive

action, including action taken pursuant to section 350 of the

Tariff Act of 1930, as amended (this section) the United States

Tariff Commission (now United States International Trade

Commission) and each officer of the executive branch of the

Government concerned shall give full consideration to any reduction

in the level of tariff protection which has resulted or is likely

to result from the amendment of section 402 of the Tariff Act of

1930 made by this Act (sections 1401a and 1402 of this title).''

Section 2(e) of act Aug. 2, 1956, effective only as to articles

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

thirtieth day following publication of the final list provided for

in section 6(a) of said act Aug. 2, 1956, set out in note under

section 1402 of this title, see note set out under section 1401a of

this title.

COMMISSION ON FOREIGN ECONOMIC POLICY

Act Aug. 7, 1953, ch. 348, title III, Sec. 301-310, 67 Stat.

473-475, as amended by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 657, provided for the establishment of a Commission on

Foreign Economic Policy to examine and report on the subjects of

international trade and its enlargement consistent with a sound

domestic economy, our foreign economic policy, and the trade

aspects of our national security and total foreign policy, and to

recommend appropriate policies and measures. The Commission was to

submit a report on its findings within 60 days after the second

session of the 83rd Congress was convened, and was to expire 90

days after the submission of its report to Congress.

EXTENSION OF PRESIDENTIAL AUTHORITY

Authority of President to enter into trade agreements under this

section extended until close of Dec. 31, 1962, see note under

section 1352 of this title.

-EXEC-

EXECUTIVE ORDER NO. 9832

Ex. Ord. No. 9832, Feb. 25, 1947, 12 F.R. 1363, revoked by Ex.

Ord. No. 10004, Oct. 6, 1948, 13 F.R. 5851.

EXECUTIVE ORDER NO. 10004

Ex. Ord. No. 10004, Oct. 6, 1948, 13 F.R. 5851, superseded by Ex.

Ord. No. 10082, Oct. 5, 1949, 14 F.R. 6105.

EXECUTIVE ORDER NO. 10082

Ex. Ord. No. 10082, Oct. 5, 1949, 14 F.R. 6105, as amended by Ex.

Ord. No. 10170, Oct. 13, 1950, 15 F.R. 6901, which related to

administrative procedures for reciprocal trade-agreements program,

was revoked by Ex. Ord. No. 11075, Jan. 15, 1963, 28 F.R. 473, set

out as a note under section 1801 of this title.

EXECUTIVE ORDER NO. 10741

Ex. Ord. No. 10741, Nov. 26, 1957, 22 F.R. 9451, which

established the Trade Policy Committee, was revoked by Ex. Ord. No.

11075, Jan. 15, 1963, 28 F.R. 473, set out as a note under section

1801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1304, 1352, 1360, 1361,

1862, 1881, 1981, 2135, 3105 of this title; title 16 section 742g;

title 22 section 1357.

-CITE-

19 USC Sec. 1352 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part III - Promotion of Foreign Trade

-HEAD-

Sec. 1352. Equalization of costs of production

-STATUTE-

(a) Application to importation of articles under foreign-trade

agreement

The provisions of section 1336 of this title shall not apply to

any article with respect to the importation of which into the

United States a foreign-trade agreement has been concluded pursuant

to this part or the Trade Expansion Act of 1962 (19 U.S.C. 1801 et

seq.) or the Trade Act of 1974 (19 U.S.C. 2101 et seq.) or to any

provision of any such agreement. The third paragraph of section

1311 of this title shall apply to any agreement concluded pursuant

to this part or the Trade Expansion Act of 1962 or the Trade Act of

1974 to the extent only that such agreement assures to the United

States a rate of duty on wheat flour produced in the United States

which is preferential in respect to the lowest rate of duty imposed

by the country with which such agreement has been concluded on like

flour produced in any other country; and upon the withdrawal of

wheat flour from bonded manufacturing warehouses for exportation to

the country with which such agreement has been concluded, there

shall be levied, collected, and paid on the imported wheat used, a

duty equal to the amount of such assured preference.

(b) Termination of foreign trade agreement

Every foreign trade agreement concluded pursuant to this part

shall be subject to termination, upon due notice to the foreign

government concerned, at the end of not more than three years from

the date on which the agreement comes into force, and, if not then

terminated, shall be subject to termination thereafter upon not

more than six months' notice.

(c) Termination of authority of President

The authority of the President to enter into foreign trade

agreements under section 1351 of this title shall terminate on June

30, 1958.

-SOURCE-

(June 12, 1934, ch. 474, Sec. 2, 48 Stat. 944; Mar. 1, 1937, ch.

22, 50 Stat. 24; Apr. 12, 1940, ch. 96, 54 Stat. 107; June 7, 1943,

ch. 118, Sec. 1, 57 Stat. 125; July 5, 1945, ch. 269, Sec. 1, 59

Stat. 410; Sept. 26, 1949, ch. 585, Sec. 3, 63 Stat. 698; June 16,

1951, ch. 141, Sec. 2, 9(a), 65 Stat. 72, 75; Aug. 7, 1953, ch.

348, title I, Sec. 101, 67 Stat. 472; July 1, 1954, ch. 445, Sec.

1, 68 Stat. 360; June 21, 1955, ch. 169, Sec. 2, 69 Stat. 162; Pub.

L. 87-794, title II, Sec. 257(d), Oct. 11, 1962, 76 Stat. 882; Pub.

L. 93-618, title VI, Sec. 602(a), Jan. 3, 1975, 88 Stat. 2072; Pub.

L. 96-39, title XI, Sec. 1106(h)(2), July 26, 1979, 93 Stat. 313.)

-REFTEXT-

REFERENCES IN TEXT

The Trade Expansion Act of 1962, referred to in subsec. (a), is

Pub. L. 87-794, Oct. 11, 1962, 76 Stat. 872, as amended, which is

classified generally to chapter 7 (Sec. 1801 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1801 of this title and

Tables.

The Trade Act of 1974, referred to in subsec. (a), is Pub. L.

93-618, Jan. 3, 1975, 88 Stat. 1978, as amended, which is

classified principally to chapter 12 (Sec. 2101 et seq.) of this

title. For complete classification of this Act to the Code, see

References in Text note set out under section 2101 of this title

and Tables.

-MISC2-

AMENDMENTS

1979 - Subsec. (a). Pub. L. 96-39 amended directory language of

Pub. L. 93-618, Sec. 602(a), to correct a typographical error, and

did not involve any change in text. See 1975 Amendment note below.

1975 - Subsec. (a). Pub. L. 93-618, as amended by Pub. L. 96-39,

inserted reference to the Trade Act of 1974.

1962 - Subsec. (a). Pub. L. 87-794 inserted references to

agreements concluded pursuant to the Trade Expansion Act of 1962.

1955 - Subsec. (c). Act June 21, 1955, substituted ''June 30,

1958'' for ''June 12, 1955''.

1954 - Subsec. (c). Act July 1, 1954, substituted ''1955'' for

''1954''.

1953 - Subsec. (c). Act Aug. 7, 1953, substituted ''1954'' for

''1953''.

1951 - Subsec. (a). Act June 16, 1951, substituted ''section 1336

of this title'' for ''sections 1336 and 1516(b) of this title''.

Subsec. (c). Act June 16, 1951, substituted ''1953'' for

''1951''.

1949 - Subsec. (c). Act Sept. 26, 1949, Sec. 3, substituted

''1953'' for ''1948''.

1945 - Subsec. (c). Act. July 5, 1945, substituted ''1948'' for

''1945''.

1943 - Subsec. (c). Joint Res. June 7, 1943, substituted ''1945''

for ''1943''.

1940 - Subsec. (c). Joint Res. Apr. 12, 1940, substituted

''1943'' for ''1940''.

1937 - Subsec. (c). Act Mar. 1, 1937, substituted ''1937'' for

''1934''.

REPEALS

Act Sept. 26, 1949, Sec. 2, repealed act June 26, 1948, ch. 678,

Sec. 2, 62 Stat. 1053, which had extended the President's authority

from June 12, 1948, until the close of June 30, 1949.

EXTENSION OF PRESIDENTIAL AUTHORITY

Section 257(c) of Pub. L. 87-794 extended authority of President

to enter into foreign trade agreements under section 350 of the

Tariff Act of 1930 (section 1351 of this title) from close of June

30, 1962, until close of Dec. 31, 1962.

Section 2 of Pub. L. 85-686, Aug. 20, 1958, 72 Stat. 673,

extended authority of President to enter into foreign trade

agreements under section 350 of the Tariff Act of 1930 (section

1351 of this title) from close of June 30, 1958, until close of

June 30, 1962.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1304, 1360, 1366 of this

title.

-CITE-

19 USC Sec. 1352a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part III - Promotion of Foreign Trade

-HEAD-

Sec. 1352a. Repealed. Pub. L. 87-794, title II, Sec. 257(f), Oct.

11, 1962, 76 Stat. 882

-MISC1-

Section, acts July 1, 1954, ch. 445, Sec. 2, 68 Stat. 360; June

21, 1955, ch. 169, Sec. 7, 69 Stat. 166; Aug. 20, 1958, Pub. L.

85-686, Sec. 8(a), 72 Stat. 678, related to restriction on decrease

of duties, impairment of national security, investigations and

reports, and reports to Congress. See section 1801 et seq. of this

title.

ACTIONS COMMENCED PRIOR TO OCTOBER 11, 1962

Section 257(f) of Pub. L. 87-794 provided in part that: ''Any

action (including any investigation begun) under section 2 (section

1352a of this title) before the date of the enactment of this Act

(Oct. 11, 1962) shall be considered as having been taken or begun

under section 232 (section 1862 of this title).''

-CITE-

19 USC Sec. 1353 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part III - Promotion of Foreign Trade

-HEAD-

Sec. 1353. Indebtedness of foreign countries, effect on

-STATUTE-

Nothing in this part shall be construed to give any authority to

cancel or reduce, in any manner, any of the indebtedness of any

foreign country to the United States.

-SOURCE-

(June 12, 1934, ch. 474, Sec. 3, 48 Stat. 944.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1304 of this title.

-CITE-

19 USC Sec. 1354 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part III - Promotion of Foreign Trade

-HEAD-

Sec. 1354. Notice of intention to negotiate agreement; opportunity

to be heard; President to seek information and advice

-STATUTE-

Before any foreign trade agreement is concluded with any foreign

government or instrumentality thereof under the provisions of this

part, reasonable public notice of the intention to negotiate an

agreement with such government or instrumentality shall be given in

order that any interested person may have an opportunity to present

his views to the President, or to such agency as the President may

designate, under such rules and regulations as the President may

prescribe; and before concluding such agreement the President shall

request the International Trade Commission to make the

investigation and report provided for by section 1360 of this

title, and shall seek information and advice with respect to such

agreement from the Departments of State, Agriculture, Commerce, and

Defense, and from such other sources as he may deem appropriate.

-SOURCE-

(June 12, 1934, ch. 474, Sec. 4, 48 Stat. 945; July 5, 1945, ch.

269, Sec. 4, 59 Stat. 411; Aug. 10, 1949, ch. 412, Sec. 12(a), 63

Stat. 591; Sept. 26, 1949, ch. 585, Sec. 5, 63 Stat. 698; June 16,

1951, ch. 141, Sec. 3(c), 65 Stat. 73; Pub. L. 93-618, title I,

Sec. 171(b), Jan. 3, 1975, 88 Stat. 2009.)

-MISC1-

AMENDMENTS

1975 - Pub. L. 93-618 substituted ''United States International

Trade Commission'' for ''United States Tariff Commission''.

1951 - Act June 16, 1951, provided that the President request the

Tariff Commission to make the investigation and report.

1949 - Act Sept. 26, 1949, changed the Tariff Commission's

functions under these sections from investigatory to advisory

functions.

1945 - Act July 5, 1945, inserted ''War, Navy,'' after

''Departments of State''.

-CHANGE-

CHANGE OF NAME

National Military Establishment changed to Department of Defense

by act Aug. 10, 1949.

-MISC4-

REPEALS

Act Sept. 26, 1949, Sec. 2, repealed act June 26, 1948, ch. 678,

Sec. 3(c), 62 Stat. 1054, formerly cited as a credit to this

section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1304, 1360, 1366 of this

title.

-CITE-

19 USC Sec. 1355, 1356 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part III - Promotion of Foreign Trade

-HEAD-

Sec. 1355, 1356. Repealed. Pub. L. 89-23, Sec. 7, May 22, 1965, 79

Stat. 113

-MISC1-

Sections, act Apr. 11, 1941, ch. 59, Sec. 1, 2, 55 Stat. 133,

134, related to the importation of coffee under Inter-American

Coffee Agreement. See sections 1356a to 1356e of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective May 22, 1965, the date the President made the

determination required by section 8 of Pub. L. 89-23, set out as a

note under section 1356a of this title.

-CITE-

19 USC Sec. 1356a to 1356j 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part III - Promotion of Foreign Trade

-HEAD-

Sec. 1356a to 1356j. Omitted

-COD-

CODIFICATION

Sections were omitted. See sections 1356k and 1356l of this

title.

Section 1356a, Pub. L. 89-23, Sec. 2, May 22, 1965, 79 Stat. 112,

authorized the President, for a period not to exceed October 1,

1968, to carry out the provisions of the International Coffee

Agreement, 1962.

Section 1356b, Pub. L. 89-23, Sec. 3, May 22, 1965, 79 Stat. 112,

defined ''coffee'' for section 1356a of this title.

Section 1356c, Pub. L. 89-23, Sec. 4, May 22, 1965, 79 Stat. 112,

authorized delegation of Presidential powers and duties and

required protection of consumer interests under sections 1356a to

1356e of this title.

Section 1356d, Pub. L. 89-23, Sec. 5, May 22, 1965, 79 Stat. 113,

required the President to submit an annual report to Congress on

the International Coffee Agreement, 1962.

Section 1356e, Pub. L. 89-23, Sec. 6, May 22, 1965, 79 Stat. 113,

authorized appropriations for sections 1356a to 1356e of this title

and limited contributions for administration of the International

Coffee Agreement, 1962.

Section 1356f, Pub. L. 90-634, title III, Sec. 302, Oct. 24,

1968, 82 Stat. 1348; Pub. L. 91-694, Sec. 1, Jan. 12, 1971, 84

Stat. 2077; Pub. L. 92-262, Mar. 24, 1972, 86 Stat. 113, authorized

the President, for a period not to exceed October 1, 1973, to carry

out the provisions of the International Coffee Agreement, 1968.

Section 1356g, Pub. L. 90-634, title III, Sec. 303, Oct. 24,

1968, 82 Stat. 1348, defined ''coffee'' for section 1356f of this

title.

Section 1356h, Pub. L. 90-634, title III, Sec. 304, Oct. 24,

1968, 82 Stat. 1348, authorized delegation of Presidential powers

and duties and required protection of consumer interests under

sections 1356f to 1356j of this title and provided for remedial

action under the International Coffee Agreement, 1968.

Section 1356i, Pub. L. 90-634, title III, Sec. 305, Oct. 24,

1968, 82 Stat. 1349, required the President to submit an annual

report to Congress on the International Coffee Agreement, 1968.

Section 1356j, Pub. L. 90-634, title III, Sec. 306, Oct. 24,

1968, 82 Stat. 1349, provided procedures to prevent discrimination

against vessels registered under laws of the United States in

shipping coffee to the United States.

-CITE-

19 USC Sec. 1356k 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part III - Promotion of Foreign Trade

-HEAD-

Sec. 1356k. Importation of coffee under International Coffee

Agreement, 1983; Presidential powers and duties

-STATUTE-

On and after the entry into force of the International Coffee

Agreement, 1983, and before October 1, 1989, the President is

authorized, in order to carry out and enforce the provisions of

that agreement -

(1) to regulate the entry of coffee for consumption, or

withdrawal of coffee from warehouse for consumption, or any other

form of entry or withdrawal of coffee such as for transportation

or exportation, including whenever quotas are in effect pursuant

to the agreement, (A) the limitation of entry, or withdrawal from

warehouse, of coffee imported from countries which are not

members of the International Coffee Organization, and (B) the

prohibition of entry of any shipment from any member of the

International Coffee Organization of coffee which is not

accompanied either by a valid certificate of origin, a valid

certificate of reexport, a valid certificate of reshipment, or a

valid certificate of transit, issued by a qualified agency in

such form as required under the agreement;

(2) to require that every export or reexport of coffee from the

United States shall be accompanied by a valid certificate of

origin or a valid certificate of reexport, issued by a qualified

agency of the United States designated by him, in such form as

required under the agreement;

(3) to require the keeping of such records, statistics, and

other information, and the rendering of such reports, relating to

the importation, distribution, prices, and consumption of coffee

as he may from time to time prescribe; and

(4) to take such other action, and issue and enforce such rules

and regulations, as he may consider necessary or appropriate in

order to implement the obligations of the United States under the

agreement.

-SOURCE-

(Pub. L. 96-599, Sec. 2, Dec. 24, 1980, 94 Stat. 3491; Pub. L.

97-276, Sec. 161, Oct. 2, 1982, 96 Stat. 1204; Pub. L. 97-446, Sec.

154, Jan. 12, 1983, 96 Stat. 2345; Pub. L. 98-120, Sec. 1, Oct. 12,

1983, 97 Stat. 809; Pub. L. 100-418, title I, Sec. 1123(a), Aug.

23, 1988, 102 Stat. 1146.)

-REFTEXT-

REFERENCES IN TEXT

The International Coffee Agreement, 1983, referred to in text,

was entered into force for the United States provisionally Oct. 1,

1983, and definitively Sept. 11, 1985.

-COD-

CODIFICATION

Section was enacted as part of the International Coffee Agreement

Act of 1980, and not as part of the Tariff Act of 1930 which

comprises this chapter.

-MISC3-

AMENDMENTS

1988 - Pub. L. 100-418 substituted ''October 1, 1989'' for

''October 1, 1986''.

1983 - Pub. L. 98-120 in provisions preceding par. (1)

substituted '', 1983'' for ''1976'' and ''before October 1, 1986''

for ''for such period prior to October 1, 1983 as the agreement

remains in effect''.

Pub. L. 97-446 substituted ''October 1, 1983'' for ''the

expiration of this joint resolution''.

1982 - Pub. L. 97-276 substituted ''the expiration of this joint

resolution'' for ''October 1, 1982''.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 1123(b) of Pub. L. 100-418 provided that: ''The amendment

made by subsection (a) (amending this section) shall take effect

January 1, 1987.''

SHORT TITLE

Section 1 of Pub. L. 96-599 provided that: ''This Act (enacting

this section and sections 1356l to 1356n of this title) may be

cited as the 'International Coffee Agreement Act of 1980'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1356l of this title.

-CITE-

19 USC Sec. 1356l 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part III - Promotion of Foreign Trade

-HEAD-

Sec. 1356l. ''Coffee'' defined

-STATUTE-

As used in this section and section 1356k of this title, the term

''coffee'' means coffee as defined in article 3 of the

International Coffee Agreement, 1983.

-SOURCE-

(Pub. L. 96-599, Sec. 3, Dec. 24, 1980, 94 Stat. 3491; Pub. L.

98-120, Sec. 1(1), Oct. 12, 1983, 97 Stat. 809.)

-COD-

CODIFICATION

Section was enacted as part of the International Coffee Agreement

Act of 1980, and not as part of the Tariff Act of 1930 which

comprises this chapter.

-MISC3-

AMENDMENTS

1983 - Pub. L. 98-120 substituted '', 1983'' for ''1976''.

-CITE-

19 USC Sec. 1356m, 1356n 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part III - Promotion of Foreign Trade

-HEAD-

Sec. 1356m, 1356n. Repealed. Pub. L. 105-362, title XIV, Sec.

1401(a), Nov. 10, 1998, 112 Stat. 3294

-MISC1-

Section 1356m, Pub. L. 96-599, Sec. 4, Dec. 24, 1980, 94 Stat.

3492, related to delegation of Presidential powers and duties,

protection of interests of United States consumers, and remedial

action with respect to the International Coffee Agreement Act of

1980.

Section 1356n, Pub. L. 96-599, Sec. 5, Dec. 24, 1980, 94 Stat.

3492; Pub. L. 98-120, Sec. 1(1), Oct. 12, 1983, 97 Stat. 809,

related to annual report by the President to Congress on the

International Coffee Agreement, 1983.

-CITE-

19 USC Sec. 1357 to 1359 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part III - Promotion of Foreign Trade

-HEAD-

Sec. 1357 to 1359. Repealed. Sept. 26, 1949, ch. 585, Sec. 2, 63

Stat. 698

-MISC1-

Sections, act June 26, 1948, ch. 678, Sec. 3(a), (b), 4, 5, 62

Stat. 1053, 1054, related to the investigatory functions of the

Tariff Commission and the report by the President to Congress.

-CITE-

19 USC Sec. 1360 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part III - Promotion of Foreign Trade

-HEAD-

Sec. 1360. Investigation before trade negotiations

-STATUTE-

(a) Report by International Trade Commission

Before entering into negotiations concerning any proposed foreign

trade agreement under section 1351 of this title, the President

shall furnish the United States International Trade Commission

(hereinafter in sections 1352(a), (c), 1354, and 1360 to 1367 of

this title, and section 624(b) of title 7, referred to as the

''Commission'') with a list of all articles imported into the

United States to be considered for possible modification of duties

and other import restrictions, imposition of additional import

restrictions, or continuance of existing customs or excise

treatment. Upon receipt of such list the Commission shall make an

investigation and report to the President the findings of the

Commission with respect to each such article as to (1) the limit to

which such modification, imposition, or continuance may be extended

in order to carry out the purpose of said section without causing

or threatening serious injury to the domestic industry producing

like or directly competitive articles; and (2) if increases in

duties or additional import restrictions are required to avoid

serious injury to the domestic industry producing like or directly

competitive articles the minimum increases in duties or additional

import restrictions required. Such report shall be made by the

Commission to the President not later than six months after the

receipt of such list by the Commission. No such foreign trade

agreement shall be entered into until the Commission has made its

report to the President or until the expiration of the six-month

period.

(b) Procedures and determinations

(1) In the course of any investigation pursuant to this section

the Commission shall hold hearings and give reasonable public

notice thereof, and shall afford reasonable opportunity for parties

interested to be present, to produce evidence, and to be heard at

such hearings. If in the course of any such investigation the

Commission shall find with respect to any article on the list upon

which a tariff concession has been granted that an increase in duty

or additional import restriction is required to avoid serious

injury to the domestic industry producing like or directly

competitive articles, the Commission shall promptly institute an

investigation with respect to that article pursuant to section 1364

of this title.

(2) In each such investigation the Commission shall, to the

extent practicable and without excluding other factors, ascertain

for the last calendar year preceding the investigation the average

invoice price on a country-of-origin basis (converted into currency

of the United States in accordance with the provisions of section

5151 of title 31) at which the foreign article was sold for export

to the United States, and the average prices at which the like or

directly competitive domestic articles were sold at wholesale in

the principal markets of the United States. The Commission shall

also, to the extent practicable, estimate for each article on the

list the maximum increase in annual imports which may occur without

causing serious injury to the domestic industry producing like or

directly competitive articles. The Commission shall request the

executive departments and agencies for information in their

possession concerning prices and other economic data from the

principal supplier foreign country of each such article.

-SOURCE-

(June 16, 1951, ch. 141, Sec. 3(a), (b), 65 Stat. 72; Pub. L.

85-686, Sec. 4, Aug. 20, 1958, 72 Stat. 675; Pub. L. 93-618, title

I, Sec. 171(b), Jan. 3, 1975, 88 Stat. 2009.)

-REFTEXT-

REFERENCES IN TEXT

Sections 1362 to 1365 of this title, included in the reference in

subsec. (a) to sections 1360 to 1367 of this title, were repealed

by Pub. L. 87-749, title II, Sec. 257(e)(1), Oct. 11, 1962, 76

Stat. 882; section 1367 of this title was repealed by Pub. L.

87-456, title III, Sec. 303(c), May 24, 1962, 76 Stat. 78.

-COD-

CODIFICATION

Section was not enacted as part of the Tariff Act of 1930 which

comprises this chapter.

Section is comprised of subsecs. (a) and (b) of section 3 of act

June 16, 1951. Subsec. (c) of the 1951 act amended section 1354 of

this title.

In subsec. (b)(2), ''section 5151 of title 31'' was substituted

for ''section 522 of the Tariff Act of 1930 (31 U.S.C. 372)'' on

authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.

1067, the first section of which enacted Title 31, Money and

Finance.

-MISC3-

AMENDMENTS

1975 - Subsec. (a). Pub. L. 93-618 substituted ''United States

International Trade Commission'' for ''United States Trade

Commission''.

1958 - Subsec. (a). Pub. L. 85-686, Sec. 4(a), substituted ''six

months'' for ''120 days'', and ''six-month'' for ''120-day''.

Subsec. (b). Pub. L. 85-686, Sec. 4(b), (c), redesignated

existing provisions as par. (1), inserted provision to require the

Commission to promptly institute an investigation pursuant to

section 1364 of this title when the Commission finds with respect

to any article on the list upon which a tariff concession has been

granted that an increase in duty or additional import restriction

is required to avoid serious injury to the domestic industry

producing like or directly competitive articles, and added par.

(2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1354, 1361, 1366 of this

title.

-CITE-

19 USC Sec. 1361 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part III - Promotion of Foreign Trade

-HEAD-

Sec. 1361. Action by President; reports to Congress

-STATUTE-

(a) Transmittal by President of trade agreement and message to

Congress

Within thirty days after any trade agreement under section 1351

of this title has been entered into which, when effective, will (1)

require or make appropriate any modification of duties or other

import restrictions, the imposition of additional import

restrictions, or the continuance of existing customs or excise

treatment, which modification, imposition, or continuance will

exceed the limit to which such modification, imposition, or

continuance may be extended without causing or threatening serious

injury to the domestic industry producing like or directly

competitive articles as found and reported by the United States

International Trade Commission under section 1360 of this title, or

(2) fail to require or make appropriate the minimum increase in

duty or additional import restrictions required to avoid such

injury, the President shall transmit to Congress a copy of such

agreement together with a message accurately identifying the

article with respect to which such limits or minimum requirements

are not complied with, and stating his reasons for the action taken

with respect to such article. If either the Senate or the House of

Representatives, or both, are not in session at the time of such

transmission, such agreement and message shall be filed with the

Secretary of the Senate or the Clerk of the House of

Representatives, or both, as the case may be.

(b) Transmittal by Commission of copy of report to the President to

Congressional committees

Promptly after the President has transmitted such foreign trade

agreement to Congress the Commission shall deposit with the

Committee on Ways and Means of the House of Representatives, and

the Committee on Finance of the Senate, a copy of the portions of

its report to the President dealing with the articles with respect

to which such limits or minimum requirements are not complied with.

-SOURCE-

(June 16, 1951, ch. 141, Sec. 4, 65 Stat. 73; Pub. L. 93-618, title

I, Sec. 171(b), Jan. 3, 1975, 88 Stat. 2009.)

-COD-

CODIFICATION

Section was not enacted as part of the Tariff Act of 1930 which

comprises this chapter.

-MISC3-

AMENDMENTS

1975 - Subsec. (a). Pub. L. 93-618 substituted ''United States

International Trade Commission'' for ''Tariff Commission''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1360, 1366 of this title.

-CITE-

19 USC Sec. 1362 to 1365 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part III - Promotion of Foreign Trade

-HEAD-

Sec. 1362 to 1365. Repealed. Pub. L. 87-794, title II, Sec.

257(e)(1), Oct. 11, 1962, 76 Stat. 882

-MISC1-

Section 1362, act June 16, 1951, ch. 141, Sec. 5, 65 Stat. 73,

related to suspension or withdrawal of concessions from Communistic

areas. See section 1801 et seq. of this title.

Section 1363, acts June 16, 1951, ch. 141, Sec. 6, 65 Stat. 73;

June 21, 1955, ch. 169, Sec. 4, 69 Stat. 165, provided for an

escape clause for future agreements, and insertion in past

agreements.

Section 1364, acts June 16, 1951, ch. 141, Sec. 7, 65 Stat. 74;

Aug. 7, 1953, ch. 348, title I, Sec. 102, 67 Stat. 472; June 21,

1955, ch. 169, Sec. 5, 6, 69 Stat. 166; Aug. 20, 1958, Pub. L.

85-686, Sec. 5(a), (b)(1), (c), 6, 72 Stat. 676, related to the

operation of the escape clause.

Section 1365, act June 16, 1951, ch. 141, Sec. 8(a), 65 Stat. 75,

provided for emergency action for perishable agricultural products.

PRESIDENTIAL ACTION IN EFFECT ON OCTOBER 11, 1962

Section 257(e)(2) of Pub. L. 87-794 provided that: ''Action taken

by the President under section 5 of such Act (former section 1362

of this title) and in effect on the date of the enactment of this

Act (Oct. 11, 1962) shall be considered as having been taken by the

President under section 231 (section 1861 of this title).''

CONTINUATION OF INVESTIGATIONS

Section 257(e)(3) of Pub. L. 87-794 provided that: ''Any

investigation by the Tariff Commission (now the United States

International Trade Commission) under section 7 of such Act (former

section 1364 of this title) which is in progress on the date of the

enactment of this Act (Oct. 11, 1962) shall be continued under

section 301 (section 1901 of this title) as if the application by

the interested party were a petition under such section for tariff

adjustment under section 351 (section 1981 of this title). For

purposes of section 301(f) (section 1901(f) of this title), such

petition shall be treated as having been filed on the date of the

enactment of this Act (Oct. 11, 1962).''

-CITE-

19 USC Sec. 1366 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part III - Promotion of Foreign Trade

-HEAD-

Sec. 1366. General Agreement on Tariff and Trade unaffected

-STATUTE-

The enactment of sections 1352(a), (c), 1354, and 1360 to 1367 of

this title, and section 624(f) of title 7, shall not be construed

to determine or indicate the approval or disapproval by the

Congress of the Executive Agreement known as the General Agreement

on Tariffs and Trade.

-SOURCE-

(June 16, 1951, ch. 141, Sec. 10, 65 Stat. 75.)

-REFTEXT-

REFERENCES IN TEXT

Sections 1362 to 1365 of this title, included in the reference to

sections 1360 to 1367 of this title, were repealed by Pub. L.

87-749, title II, Sec. 257(e)(1), Oct. 11, 1962, 76 Stat. 882;

section 1367 of this title was repealed by Pub. L. 87-456, title

III, Sec. 303(c), May 24, 1962, 76 Stat. 78.

-COD-

CODIFICATION

Section was not enacted as part of the Tariff Act of 1930 which

comprises this chapter.

-MISC3-

PRIOR PROVISIONS

Similar provisions were contained in act July 1, 1954, ch. 445,

Sec. 3, 68 Stat. 360, other sections of which amended section

1352(c) of this title and enacted section 1352a of this title; and

in act Aug. 7, 1953, ch. 348, title I, Sec. 103, 67 Stat. 472,

which act amended section 624(b) of title 7, and sections 1330(d),

1352(c) and former section 1364(a) of this title, and enacted

provisions set out as notes under sections 1351 and 1364 of this

title.

CONGRESSIONAL APPROVAL OR DISAPPROVAL OF GENERAL AGREEMENT ON

TARIFFS AND TRADE

Section 10 of Pub. L. 85-686 provided that: ''The enactment of

this Act (enacting section 1335 of this title, amending sections

1333, 1336, 1337, 1351, 1352a, 1360, and former section 1364 of

this title, and enacting notes set out under sections 1352 and 1366

of this title) shall not be construed to determine or indicate the

approval or disapproval by the Congress of the executive agreement

known as the General Agreement on Tariffs and Trade.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1360 of this title.

-CITE-

19 USC Sec. 1367 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part III - Promotion of Foreign Trade

-HEAD-

Sec. 1367. Repealed. Pub. L. 87-456, title III, Sec. 303(c), May

24, 1962, 76 Stat. 78

-MISC1-

Section, act June 16, 1951, ch. 141, Sec. 11, 65 Stat. 75,

required the President to take such measures as may be necessary to

prevent the importation of ermine, fox, kolinsky, marten, mink,

muskrat, and weasel furs and skins which are the product of the

Union of Soviet Socialist Republics or of Communist China.

EFFECTIVE DATE OF REPEAL

Repeal effective with respect to articles entered, or withdrawn

from warehouse, for consumption on or after Aug. 31, 1963, see

section 501(a) of Pub. L. 87-456, set out as a note preceding

section 1202 of this title.

-CITE-

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

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

.

-HEAD-

SUBTITLE III - ADMINISTRATIVE PROVISIONS

-SECREF-

SUBTITLE REFERRED TO IN OTHER SECTIONS

This subtitle is referred to in title 15 section 69d.

-CITE-

19 USC Part I - Definitions and National Customs

Automation Program 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part I - Definitions and National Customs Automation Program

.

-HEAD-

Part I - Definitions and National Customs Automation Program

-CITE-

19 USC subpart a - definitions 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part I - Definitions and National Customs Automation Program

subpart a - definitions

.

-HEAD-

subpart a - definitions

-CITE-

19 USC Sec. 1401 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part I - Definitions and National Customs Automation Program

subpart a - definitions

-HEAD-

Sec. 1401. Miscellaneous

-STATUTE-

When used in this subtitle or in part I of subtitle II of this

chapter -

(a) Vessel

The word ''vessel'' includes every description of water craft or

other contrivance used, or capable of being used, as a means of

transportation in water, but does not include aircraft.

(b) Vehicle

The word ''vehicle'' includes every description of carriage or

other contrivance used, or capable of being used, as a means of

transportation on land, but does not include aircraft.

(c) Merchandise

The word ''merchandise'' means goods, wares, and chattels of

every description, and includes merchandise the importation of

which is prohibited, and monetary instruments as defined in section

5312 of title 31.

(d) Person

The word ''person'' includes partnerships, associations, and

corporations.

(e) Master

The word ''master'' means the person having the command of the

vessel.

(f) Day

The word ''day'' means the time from eight o'clock antemeridian

to five o'clock postmeridian.

(g) Night

The word ''night'' means the time from five o'clock postmeridian

to eight o'clock antemeridian.

(h) United States

The term ''United States'' includes all Territories and

possessions of the United States except the Virgin Islands,

American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston

Island, and the island of Guam.

(i) Officer of the customs; customs officer

The terms ''officer of the customs'' and ''customs officer'' mean

any officer of the United States Customs Service of the Treasury

Department (also hereinafter referred to as the ''Customs

Service'') or any commissioned, warrant, or petty officer of the

Coast Guard, or any agent or other person authorized by law or

designated by the Secretary of the Treasury to perform any duties

of an officer of the Customs Service.

(j) Customs waters

The term ''customs waters'' means, in the case of a foreign

vessel subject to a treaty or other arrangement between a foreign

government and the United States enabling or permitting the

authorities of the United States to board, examine, search, seize,

or otherwise to enforce upon such vessel upon the high seas the

laws of the United States, the waters within such distance of the

coast of the United States as the said authorities are or may be so

enabled or permitted by such treaty or arrangement and, in the case

of every other vessel, the waters within four leagues of the coast

of the United States.

(k) Hovering vessel

The term ''hovering vessel'' means -

(1) any vessel which is found or kept off the coast of the

United States within or without the customs waters, if, from the

history, conduct, character, or location of the vessel, it is

reasonable to believe that such vessel is being used or may be

used to introduce or promote or facilitate the introduction or

attempted introduction of merchandise into the United States in

violation of the laws of the United States; and

(2) any vessel which has visited a vessel described in

paragraph (1).

(l) Secretary

The term ''Secretary'' means the Secretary of the Treasury or his

delegate.

(m) Controlled substance

The term ''controlled substance'' has the meaning given that term

in section 802(6) of title 21. For purposes of this chapter, a

controlled substance shall be treated as merchandise the

importation of which into the United States is prohibited, unless

the importation is authorized under -

(1) an appropriate license or permit; or

(2) the Controlled Substances Import and Export Act (21 U.S.C.

951 et seq.).

(n) Electronic transmission

The term ''electronic transmission'' means the transfer of data

or information through an authorized electronic data interchange

system consisting of, but not limited to, computer modems and

computer networks.

(o) Electronic entry

The term ''electronic entry'' means the electronic transmission

to the Customs Service of -

(1) entry information required for the entry of merchandise,

and

(2) entry summary information required for the classification

and appraisement of the merchandise, the verification of

statistical information, and the determination of compliance with

applicable law.

(p) Electronic data interchange system

The term ''electronic data interchange system'' means any

established mechanism approved by the Commissioner of Customs

through which information can be transferred electronically.

(q) National Customs Automation Program

The term ''National Customs Automation Program'' means the

program established under section 1411 of this title.

(r) Import activity summary statement

The term ''import activity summary statement'' refers to data or

information transmitted electronically to the Customs Service, in

accordance with such regulations as the Secretary prescribes, at

the end of a specified period of time which enables the Customs

Service to assess properly the duties, taxes and fees on

merchandise imported during that period, collect accurate

statistics and determine whether any other applicable requirement

of law (other than a requirement relating to release from customs

custody) is met.

(s) Reconciliation

The term ''reconciliation'' means an electronic process,

initiated at the request of an importer, under which the elements

of an entry (other than those elements related to the admissibility

of the merchandise) that are undetermined at the time the importer

files or transmits the documentation or information required by

section 1484(a)(1)(B) of this title, or the import activity summary

statement, are provided to the Customs Service at a later time. A

reconciliation is treated as an entry for purposes of liquidation,

reliquidation, recordkeeping, and protest.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 401, 46 Stat. 708; Aug. 5,

1935, ch. 438, title II, Sec. 201, 49 Stat. 521; June 25, 1938, ch.

679, Sec. 2, 52 Stat. 1077; Proc. No. 2695, July 4, 1946, 11 F.R.

7517, 60 Stat. 1352; June 30, 1955, ch. 258, Sec. 2(a)(3), 69 Stat.

242; Pub. L. 91-271, title III, Sec. 301(c), June 2, 1970, 84 Stat.

288; Pub. L. 99-570, title III, Sec. 3111, Oct. 27, 1986, 100 Stat.

3207-80; Pub. L. 103-182, title VI, Sec. 634, Dec. 8, 1993, 107

Stat. 2198; Pub. L. 104-295, Sec. 3(a)(6)(A), 18(a), Oct. 11, 1996,

110 Stat. 3515, 3524.)

-REFTEXT-

REFERENCES IN TEXT

The Controlled Substances Import and Export Act, referred to in

subsec. (m)(2), is title III of Pub. L. 91-513, Oct. 27, 1970, 84

Stat. 1285, as amended, which is classified principally to

subchapter II (Sec. 951 et seq.) of chapter 13 of Title 21, Food

and Drugs. For complete classification of this Act to the Code, see

Short Title note set out under section 951 of Title 21 and Tables.

-COD-

CODIFICATION

Section is based on the designated subsections of section 401 of

act June 17, 1930, as amended. The last undesignated paragraph of

section 401, as added by section 201 of act Aug. 5, 1935, is

classified to section 1432a of this title.

Words ''the Philippine Islands'' formerly set out in subsec. (h)

were omitted on authority of Proc. No. 2695, which is set out as a

note under section 1394 of Title 22, Foreign Relations and

Intercourse, and in which the President proclaimed the independence

of the Philippines.

-MISC3-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 401, 42 Stat. 948, which

superseded R.S. Sec. 2766 and Section 401 of the 1922 act was

superseded by section 401 of act June 17, 1930, comprising this

section, and repealed by section 651(a)(1) of the 1930 Act.

Section III of the Underwood Tariff Act of Oct. 3, 1913, ch. 16,

38 Stat. 181, amending the Customs Administrative Act of June 10,

1890, ch. 407, 26 Stat. 131, was repealed by section 643 of the act

of Sept. 21, 1922, ch. 356, title IV, 42 Stat. 989.

Section III, by subdivision A thereof, amended the Customs

Administrative Act of June 10, 1890, ch. 407, 26 Stat. 131, as

previously amended, to read as set forth in section III,

subdivisions B-CC. By that amendment and reenactment, the Customs

Administrative Act of June 10, 1890, and the amendments thereof by

act July 24, 1897, ch. 11, Sec. 32, 30 Stat. 211, act May 17, 1898,

ch. 341, 30 Stat. 417, Act Dec. 15, 1902, ch. 1, 32 Stat. 753, act

May 27, 1908, ch. 205, 35 Stat. 403, and the Payne-Aldrich Tariff

Act of Aug. 5, 1909, ch. 6, Sec. 28, 36 Stat. 91, were superseded,

except the provisions thereof mentioned in a proviso of section IV,

S, of that act.

The Customs Administrative Act of June 10, 1890, as originally

enacted and as amended previous to the Payne-Aldrich Tariff Act,

consisted of thirty sections, of which section 30 prescribed the

time when the act should go into effect. Of the preceding

twenty-nine sections of the original act, section 15 providing for

review by the courts of decisions of the Board of General

Appraisers, was omitted from the act as further amended by the

Payne-Aldrich Tariff Act, and the remaining twenty-eight sections

were amended thereby, constituting sections 1-28 thereof. A new

section, designated as section 29, was added by the Payne-Aldrich

Tariff Act, which created a Court of Customs Appeals and prescribed

its jurisdiction and powers, proceedings, etc. Its provisions were

incorporated in and superseded by chapter 8 of the Judicial Code of

March 3, 1911. Another new section, designated as section 30, was

also added by the Payne-Aldrich Tariff Act, which provided for the

appointment of an Assistant Attorney-General, a Deputy Assistant

Attorney-General, and attorneys, in charge of matters of

reappraisement, etc., of imported goods and litigation incident

thereto. Section 30 was incorporated into the Code as section 296

of former Title 5, Executive Departments and Government Officers

and Employees, and subsequently repealed by Pub. L. 89-554, Sept.

6, 1966, Sec. 8(a), 80 Stat. 632.

AMENDMENTS

1996 - Subsec. (s). Pub. L. 104-295, Sec. 18(a), amended first

sentence generally. Prior to amendment, first sentence read as

follows: ''The term 'reconciliation' means an electronic process,

initiated at the request of an importer, under which the elements

of an entry, other than those elements related to the admissibility

of the merchandise, that are undetermined at the time of entry

summary are provided to the Customs Service at a later time.''

Pub. L. 104-295, Sec. 3(a)(6)(A), inserted ''recordkeeping,''

after ''reliquidation,''.

1993 - Subsec. (k). Pub. L. 103-182, Sec. 634(1), amended subsec.

(k) generally. Prior to amendment, subsec. (k) read as follows:

''(1) The term 'hovering vessel' means any vessel which is found

or kept off the coast of the United States within or without the

customs waters, if, from the history, conduct, character, or

location of the vessel, it is reasonable to believe that such

vessel is being used or may be used to introduce or promote or

facilitate the introduction or attempted introduction of

merchandise into the United States in violation of the laws

respecting the revenue.

''(2) For the purposes of sections 1432, 1433, 1434, 1448, 1585,

and 1586 of this title, any vessel which -

''(A) has visited any hovering vessel;

''(B) has received merchandise while in the customs waters

beyond the territorial sea; or

''(C) has received merchandise while on the high seas;

shall be deemed to arrive or have arrived, as the case may be, from

a foreign port or place.''

Subsecs. (n) to (s). Pub. L. 103-182, Sec. 634(2), added subsecs.

(n) to (s).

1986 - Subsec. (c). Pub. L. 99-570, Sec. 3111(1), inserted '',

and monetary instruments as defined in section 5312 of title 31''.

Subsec. (k). Pub. L. 99-570, Sec. 3111(2), (3), designated

existing provisions as par. (1) and added par. (2).

Subsec. (m). Pub. L. 99-570, Sec. 3111(4), added subsec. (m).

1970 - Subsec. (h). Pub. L. 91-271, Sec. 301(c)(1), (2), struck

out subsec. (h) which defined ''collector'', and redesignated

subsec. (k) as (h).

Subsec. (i). Pub. L. 91-271, Sec. 301(c)(1), (2), struck out

subsec. (i) which defined ''comptroller of customs'', redesignated

subsec. (l) as (i), and, as so redesignated, defined ''customs

officer''.

Subsec. (j). Pub. L. 91-271, Sec. 301(c)(1), (2), struck out

subsec. (j) which defined ''appraiser'', and redesignated subsec.

(m) as (j).

Subsec. (k). Pub. L. 91-271, Sec. 301(c)(1), (2), redesignated

subsec. (n) as (k). Former subsec. (k) redesignated (h).

Subsec. (l). Pub. L. 91-271, Sec. 301(c)(2), (3), added subsec.

(l). Former subsec. (l) redesignated (i).

Subsecs. (m), (n). Pub. L. 91-271, Sec. 301(c)(2), redesignated

subsecs. (m) and (n) as (j) and (k), respectively.

1955 - Subsec. (k). Act June 30, 1955, inserted ''Johnston

Island''.

1938 - Subsec. (k). Act June 25, 1938, inserted ''Wake Island,

Midway Islands, Kingman Reef'' before ''and the island of Guam''.

1935 - Subsecs. (l) to (n). Act Aug. 5, 1935, added subsecs. (l)

to (n).

-CHANGE-

CHANGE OF NAME

United States Customs Service substituted for Bureau of Customs

in subsec. (i) pursuant to Treasury Department Order 165-23, Apr.

4, 1973, eff. Aug. 1, 1973, 38 F.R. 13037. See, also, section 308

of Title 31, Money and Finance.

-MISC4-

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 3(a)(6)(A) of Pub. L. 104-295 applicable as

of Dec. 8, 1993, see section 3(b) of Pub. L. 104-295, set out as a

note under section 1321 of this title.

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.

EFFECTIVE DATE OF 1955 AMENDMENT

Section 2(d) of act June 30, 1955, provided that: ''The

amendments made by this section (amending this section, sections

1557, 1562, and 1709 of this title, and sections 542, 544, and 545

of Title 18, Crimes and Criminal Procedure) shall take effect on

the day following the day on which this Act is enacted (July 1,

1955).''

EFFECTIVE DATE OF 1938 AMENDMENT

Section 37 of act June 25, 1938, provided that: ''Sections 31 and

34 of this Act (amending section 1001 of this title) shall take

effect on the date of enactment of this Act (June 25, 1938). Except

as otherwise specially provided in this Act, the remainder of this

Act (amending this section and sections 1001, 1201, 1304, 1308,

1309, 1315, 1317, 1402, 1451, 1459, 1460, 1484, 1485, 1491, 1499,

1501, 1516, 1520, 1524, 1553, 1557, 1558, 1559, 1562, 1563, 1603,

1607, 1609, 1613, 1623, and 1709 of this title, enacting sections

1321, 1467, and 1528 of this title, and amending section 331 of

former Title 46, Shipping) shall take effect on the thirtieth day

following the date of its enactment.''

-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.

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.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1677 of this title; title

10 section 374; title 18 section 553; title 22 section 6005; title

46 App. sections 1155, 1903.

-CITE-

19 USC Sec. 1401a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part I - Definitions and National Customs Automation Program

subpart a - definitions

-HEAD-

Sec. 1401a. Value

-STATUTE-

(a) Generally

(1) Except as otherwise specifically provided for in this

chapter, imported merchandise shall be appraised, for the purposes

of this chapter, on the basis of the following:

(A) The transaction value provided for under subsection (b) of

this section.

(B) The transaction value of identical merchandise provided for

under subsection (c) of this section, if the value referred to in

subparagraph (A) cannot be determined, or can be determined but

cannot be used by reason of subsection (b)(2) of this section.

(C) The transaction value of similar merchandise provided for

under subsection (c) of this section, if the value referred to in

subparagraph (B) cannot be determined.

(D) The deductive value provided for under subsection (d) of

this section, if the value referred to in subparagraph (C) cannot

be determined and if the importer does not request alternative

valuation under paragraph (2).

(E) The computed value provided for under subsection (e) of

this section, if the value referred to in subparagraph (D) cannot

be determined.

(F) The value provided for under subsection (f) of this

section, if the value referred to in subparagraph (E) cannot be

determined.

(2) If the value referred to in paragraph (1)(C) cannot be

determined with respect to imported merchandise, the merchandise

shall be appraised on the basis of the computed value provided for

under paragraph (1)(E), rather than the deductive value provided

for under paragraph (1)(D), if the importer makes a request to that

effect to the customs officer concerned within such time as the

Secretary shall prescribe. If the computed value of the

merchandise cannot subsequently be determined, the merchandise may

not be appraised on the basis of the value referred to in paragraph

(1)(F) unless the deductive value of the merchandise cannot be

determined under paragraph (1)(D).

(3) Upon written request therefor by the importer of merchandise,

and subject to provisions of law regarding the disclosure of

information, the customs officer concerned shall provide the

importer with a written explanation of how the value of that

merchandise was determined under this section.

(b) Transaction value of imported merchandise

(1) The transaction value of imported merchandise is the price

actually paid or payable for the merchandise when sold for

exportation to the United States, plus amounts equal to -

(A) the packing costs incurred by the buyer with respect to the

imported merchandise;

(B) any selling commission incurred by the buyer with respect

to the imported merchandise;

(C) the value, apportioned as appropriate, of any assist;

(D) any royalty or license fee related to the imported

merchandise that the buyer is required to pay, directly or

indirectly, as a condition of the sale of the imported

merchandise for exportation to the United States; and

(E) the proceeds of any subsequent resale, disposal, or use of

the imported merchandise that accrue, directly or indirectly, to

the seller.

The price actually paid or payable for imported merchandise shall

be increased by the amounts attributable to the items (and no

others) described in subparagraphs (A) through (E) only to the

extent that each such amount (i) is not otherwise included within

the price actually paid or payable; and (ii) is based on sufficient

information. If sufficient information is not available, for any

reason, with respect to any amount referred to in the preceding

sentence, the transaction value of the imported merchandise

concerned shall be treated, for purposes of this section, as one

that cannot be determined.

(2)(A) The transaction value of imported merchandise determined

under paragraph (1) shall be the appraised value of that

merchandise for the purposes of this chapter only if -

(i) there are no restrictions on the disposition or use of the

imported merchandise by the buyer other than restrictions that -

(I) are imposed or required by law,

(II) limit the geographical area in which the merchandise may

be resold, or

(III) do not substantially affect the value of the

merchandise;

(ii) the sale of, or the price actually paid or payable for,

the imported merchandise is not subject to any condition or

consideration for which a value cannot be determined with respect

to the imported merchandise;

(iii) no part of the proceeds of any subsequent resale,

disposal, or use of the imported merchandise by the buyer will

accrue directly or indirectly to the seller, unless an

appropriate adjustment therefor can be made under paragraph

(1)(E); and

(iv) the buyer and seller are not related, or the buyer and

seller are related but the transaction value is acceptable, for

purposes of this subsection, under subparagraph (B).

(B) The transaction value between a related buyer and seller is

acceptable for the purposes of this subsection if an examination of

the circumstances of the sale of the imported merchandise indicates

that the relationship between such buyer and seller did not

influence the price actually paid or payable; or if the transaction

value of the imported merchandise closely approximates -

(i) the transaction value of identical merchandise, or of

similar merchandise, in sales to unrelated buyers in the United

States; or

(ii) the deductive value or computed value for identical

merchandise or similar merchandise;

but only if each value referred to in clause (i) or (ii) that is

used for comparison relates to merchandise that was exported to the

United States at or about the same time as the imported

merchandise.

(C) In applying the values used for comparison purposes under

subparagraph (B), there shall be taken into account differences

with respect to the sales involved (if such differences are based

on sufficient information whether supplied by the buyer or

otherwise available to the customs officer concerned) in -

(i) commercial levels;

(ii) quantity levels;

(iii) the costs, commissions, values, fees, and proceeds

described in paragraph (1); and

(iv) the costs incurred by the seller in sales in which he and

the buyer are not related that are not incurred by the seller in

sales in which he and the buyer are related.

(3) The transaction value of imported merchandise does not

include any of the following, if identified separately from the

price actually paid or payable and from any cost or other item

referred to in paragraph (1):

(A) Any reasonable cost or charge that is incurred for -

(i) the construction, erection, assembly, or maintenance of,

or the technical assistance provided with respect to, the

merchandise after its importation into the United States; or

(ii) the transportation of the merchandise after such

importation.

(B) The customs duties and other Federal taxes currently

payable on the imported merchandise by reason of its importation,

and any Federal excise tax on, or measured by the value of, such

merchandise for which vendors in the United States are ordinarily

liable.

(4) For purposes of this subsection -

(A) The term ''price actually paid or payable'' means the total

payment (whether direct or indirect, and exclusive of any costs,

charges, or expenses incurred for transportation, insurance, and

related services incident to the international shipment of the

merchandise from the country of exportation to the place of

importation in the United States) made, or to be made, for

imported merchandise by the buyer to, or for the benefit of, the

seller.

(B) Any rebate of, or other decrease in, the price actually

paid or payable that is made or otherwise effected between the

buyer and seller after the date of the importation of the

merchandise into the United States shall be disregarded in

determining the transaction value under paragraph (1).

(c) Transaction value of identical merchandise and similar

merchandise

(1) The transaction value of identical merchandise, or of similar

merchandise, is the transaction value (acceptable as the appraised

value for purposes of this chapter under subsection (b) of this

section but adjusted under paragraph (2) of this subsection) of

imported merchandise that is -

(A) with respect to the merchandise being appraised, either

identical merchandise or similar merchandise, as the case may be;

and

(B) exported to the United States at or about the time that the

merchandise being appraised is exported to the United States.

(2) Transaction values determined under this subsection shall be

based on sales of identical merchandise or similar merchandise, as

the case may be, at the same commercial level and in substantially

the same quantity as the sales of the merchandise being appraised.

If no such sale is found, sales of identical merchandise or similar

merchandise at either a different commercial level or in different

quantities, or both, shall be used, but adjusted to take account of

any such difference. Any adjustment made under this paragraph

shall be based on sufficient information. If in applying this

paragraph with respect to any imported merchandise, two or more

transaction values for identical merchandise, or for similar

merchandise, are determined, such imported merchandise shall be

appraised on the basis of the lower or lowest of such values.

(d) Deductive value

(1) For purposes of this subsection, the term ''merchandise

concerned'' means the merchandise being appraised, identical

merchandise, or similar merchandise.

(2)(A) The deductive value of the merchandise being appraised is

whichever of the following prices (as adjusted under paragraph (3))

is appropriate depending upon when and in what condition the

merchandise concerned is sold in the United States:

(i) If the merchandise concerned is sold in the condition as

imported at or about the date of importation of the merchandise

being appraised, the price is the unit price at which the

merchandise concerned is sold in the greatest aggregate quantity

at or about such date.

(ii) If the merchandise concerned is sold in the condition as

imported but not sold at or about the date of importation of the

merchandise being appraised, the price is the unit price at which

the merchandise concerned is sold in the greatest aggregate

quantity after the date of importation of the merchandise being

appraised but before the close of the 90th day after the date of

such importation.

(iii) If the merchandise concerned was not sold in the

condition as imported and not sold before the close of the 90th

day after the date of importation of the merchandise being

appraised, the price is the unit price at which the merchandise

being appraised, after further processing, is sold in the

greatest aggregate quantity before the 180th day after the date

of such importation. This clause shall apply to appraisement of

merchandise only if the importer so elects and notifies the

customs officer concerned of that election within such time as

shall be prescribed by the Secretary.

(B) For purposes of subparagraph (A), the unit price at which

merchandise is sold in the greatest aggregate quantity is the unit

price at which such merchandise is sold to unrelated persons, at

the first commercial level after importation (in cases to which

subparagraph (A)(i) or (ii) applies) or after further processing

(in cases to which subparagraph (A)(iii) applies) at which such

sales take place, in a total volume that is (i) greater than the

total volume sold at any other unit price, and (ii) sufficient to

establish the unit price.

(3)(A) the price determined under paragraph (2) shall be reduced

by an amount equal to -

(i) any commission usually paid or agreed to be paid, or the

addition usually made for profit and general expenses, in

connection with sales in the United States of imported

merchandise that is of the same class or kind, regardless of the

country of exportation, as the merchandise concerned;

(ii) the actual costs and associated costs of transportation

and insurance incurred with respect to international shipments of

the merchandise concerned from the country of exportation to the

United States;

(iii) the usual costs and associated costs of transportation

and insurance incurred with respect to shipments of such

merchandise from the place of importation to the place of

delivery in the United States, if such costs are not included as

a general expense under clause (i);

(iv) the customs duties and other Federal taxes currently

payable on the merchandise concerned by reason of its

importation, and any Federal excise tax on, or measured by the

value of, such merchandise for which vendors in the United States

are ordinarily liable; and

(v) (but only in the case of a price determined under paragraph

(2)(A)(iii)) the value added by the processing of the merchandise

after importation to the extent that the value is based on

sufficient information relating to cost of such processing.

(B) For purposes of applying paragraph (A) -

(i) the deduction made for profits and general expenses shall

be based upon the importer's profits and general expenses, unless

such profits and general expenses are inconsistent with those

reflected in sales in the United States of imported merchandise

of the same class or kind, in which case the deduction shall be

based on the usual profit and general expenses reflected in such

sales, as determined from sufficient information; and

(ii) any State or local tax imposed on the importer with

respect to the sale of imported merchandise shall be treated as a

general expense.

(C) The price determined under paragraph (2) shall be increased

(but only to the extent that such costs are not otherwise included)

by an amount equal to the packing costs incurred by the importer or

the buyer, as the case may be, with respect to the merchandise

concerned.

(D) For purposes of determining the deductive value of imported

merchandise, any sale to a person who supplies any assist for use

in connection with the production or sale for export of the

merchandise concerned shall be disregarded.

(e) Computed value

(1) The computed value of imported merchandise is the sum of -

(A) the cost or value of the materials and the fabrication and

other processing of any kind employed in the production of the

imported merchandise;

(B) an amount for profit and general expenses equal to that

usually reflected in sales of merchandise of the same class or

kind as the imported merchandise that are made by the producers

in the country of exportation for export to the United States;

(C) any assist, if its value is not included under subparagraph

(A) or (B); and

(D) the packing costs.

(2) For purposes of paragraph (1) -

(A) the cost or value of materials under paragraph (1)(A) shall

not include the amount of any internal tax imposed by the country

of exportation that is directly applicable to the materials or

their disposition if the tax is remitted or refunded upon the

exportation of the merchandise in the production of which the

materials were used; and

(B) the amount for profit and general expenses under paragraph

(1)(B) shall be based upon the producer's profits and expenses,

unless the producer's profits and expenses are inconsistent with

those usually reflected in sales of merchandise of the same class

or kind as the imported merchandise that are made by producers in

the country of exportation for export to the United States, in

which case the amount under paragraph (1)(B) shall be based on

the usual profit and general expenses of such producers in such

sales, as determined from sufficient information.

(f) Value if other values cannot be determined or used

(1) If the value of imported merchandise cannot be determined, or

otherwise used for the purposes of this chapter, under subsections

(b) through (e) of this section, the merchandise shall be appraised

for the purposes of this chapter on the basis of a value that is

derived from the methods set forth in such subsections, with such

methods being reasonably adjusted to the extent necessary to arrive

at a value.

(2) Imported merchandise may not be appraised, for the purposes

of this chapter, on the basis of -

(A) the selling price in the United States of merchandise

produced in the United States;

(B) a system that provides for the appraisement of imported

merchandise at the higher of two alternative values;

(C) the price of merchandise in the domestic market of the

country of exportation;

(D) a cost of production, other than a value determined under

subsection (e) of this section for merchandise that is identical

merchandise or similar merchandise to the merchandise being

appraised;

(E) the price of merchandise for export to a country other than

the United States;

(F) minimum values for appraisement; or

(G) arbitrary or fictitious values.

This paragraph shall not apply with respect to the ascertainment,

determination, or estimation of foreign market value or United

States price under subtitle IV of this chapter.

(g) Special rules

(1) For purposes of this section, the persons specified in any of

the following subparagraphs shall be treated as persons who are

related:

(A) Members of the same family, including brothers and sisters

(whether by whole or half blood), spouse, ancestors, and lineal

descendants.

(B) Any officer or director of an organization and such

organization.

(C) An officer or director of an organization and an officer or

director of another organization, if each such individual is also

an officer or director in the other organization.

(D) Partners.

(E) Employer and employee.

(F) Any person directly or indirectly owning, controlling, or

holding with power to vote, 5 percent or more of the outstanding

voting stock or shares of any organization and such organization.

(G) Two or more persons directly or indirectly controlling,

controlled by, or under common control with, any person.

(2) For purposes of this section, merchandise (including, but not

limited to, identical merchandise and similar merchandise) shall be

treated as being of the same class or kind as other merchandise if

it is within a group or range of merchandise produced by a

particular industry or industry sector.

(3) For purposes of this section, information that is submitted

by an importer, buyer, or producer in regard to the appraisement of

merchandise may not be rejected by the customs officer concerned on

the basis of the accounting method by which that information was

prepared, if the preparation was in accordance with generally

accepted accounting principles. The term ''generally accepted

accounting principles'' refers to any generally recognized

consensus or substantial authoritative support regarding -

(A) which economic resources and obligations should be recorded

as assets and liabilities;

(B) which changes in assets and liabilities should be recorded;

(C) how the assets and liabilities and changes in them should

be measured;

(D) what information should be disclosed and how it should be

disclosed; and

(E) which financial statements should be prepared.

The applicability of a particular set of generally accepted

accounting principles will depend upon the basis on which the value

of the merchandise is sought to be established.

(h) Definitions

As used in this section -

(1)(A) The term ''assist'' means any of the following if

supplied directly or indirectly, and free of charge or at reduced

cost, by the buyer of imported merchandise for use in connection

with the production or the sale for export to the United States

of the merchandise:

(i) Materials, components, parts, and similar items

incorporated in the imported merchandise.

(ii) Tools, dies, molds, and similar items used in the

production of the imported merchandise.

(iii) Merchandise consumed in the production of the imported

merchandise.

(iv) Engineering, development, artwork, design work, and

plans and sketches that are undertaken elsewhere than in the

United States and are necessary for the production of the

imported merchandise.

(B) No service or work to which subparagraph (A)(iv) applies

shall be treated as an assist for purposes of this section if

such service or work -

(i) is performed by an individual who is domiciled within the

United States;

(ii) is performed by that individual while he is acting as an

employee or agent of the buyer of the imported merchandise; and

(iii) is incidental to other engineering, development,

artwork, design work, or plans or sketches that are undertaken

within the United States.

(C) For purposes of this section, the following apply in

determining the value of assists described in subparagraph

(A)(iv):

(i) The value of an assist that is available in the public

domain is the cost of obtaining copies of the assist.

(ii) If the production of an assist occurred in the United

States and one or more foreign countries, the value of the

assist is the value thereof that is added outside the United

States.

(2) The term ''identical merchandise'' means -

(A) merchandise that is identical in all respects to, and was

produced in the same country and by the same person as, the

merchandise being appraised; or

(B) if merchandise meeting the requirements under

subparagraph (A) cannot be found (or for purposes of applying

subsection (b)(2)(B)(i) of this section, regardless of whether

merchandise meeting such requirements can be found),

merchandise that is identical in all respects to, and was

produced in the same country as, but not produced by the same

person as, the merchandise being appraised.

Such term does not include merchandise that incorporates or

reflects any engineering, development, artwork, design work, or

plan or sketch that -

(I) was supplied free or at reduced cost by the buyer of the

merchandise for use in connection with the production or the

sale for export to the United States of the merchandise; and

(II) is not an assist because undertaken within the United

States.

(3) The term ''packing costs'' means the cost of all containers

and coverings of whatever nature and of packing, whether for

labor or materials, used in placing merchandise in condition,

packed ready for shipment to the United States.

(4) The term ''similar merchandise'' means -

(A) merchandise that -

(i) was produced in the same country and by the same person

as the merchandise being appraised,

(ii) is like the merchandise being appraised in

characteristics and component material, and

(iii) is commercially interchangeable with the merchandise

being appraised; or

(B) if merchandise meeting the requirements under

subparagraph (A) cannot be found (or for purposes of applying

subsection (b)(2)(B)(i) of this section, regardless of whether

merchandise meeting such requirements can be found),

merchandise that -

(i) was produced in the same country as, but not produced

by the same person as, the merchandise being appraised, and

(ii) meets the requirement set forth in subparagraph

(A)(ii) and (iii).

Such term does not include merchandise that incorporates or

reflects any engineering, development, artwork, design work, or

plan or sketch that -

(I) was supplied free or at reduced cost by the buyer of the

merchandise for use in connection with the production or the

sale for export to the United States of the merchandise; and

(II) is not an assist because undertaken within the United

States.

(5) The term ''sufficient information'', when required under

this section for determining -

(A) any amount -

(i) added under subsection (b)(1) of this section to the

price actually paid or payable,

(ii) deducted under subsection (d)(3) of this section as

profit or general expense or value from further processing,

or

(iii) added under subsection (e)(2) of this section as

profit or general expense;

(B) any difference taken into account for purposes of

subsection (b)(2)(C) of this section; or

(C) any adjustment made under subsection (c)(2) of this

section;

means information that establishes the accuracy of such amount,

difference, or adjustment.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 402, as added Aug. 2, 1956,

ch. 887, Sec. 2(a), 70 Stat. 943; amended Pub. L. 96-39, title II,

Sec. 201(a), July 26, 1979, 93 Stat. 194; Pub. L. 96-490, Sec. 2,

Dec. 2, 1980, 94 Stat. 2556.)

-MISC1-

AMENDMENTS

1980 - Subsec. (b)(2)(B). Pub. L. 96-490 amended par. (B)

generally, omitting cl. (iii) which provided that ''the transaction

value determined under this subsection in sales to unrelated buyers

of merchandise, for exportation to the United States, that is

identical in all respects to the imported merchandise but was not

produced in the country in which the imported merchandise was

produced'', and omitting the provision relating to cl. (iii) which

provided that ''No two sales to unrelated buyers may be used for

comparison for purposes of clause (iii) unless the sellers are

unrelated.''

1979 - Pub. L. 96-39 completely revised statutory standards for

appraising the value of imported merchandise to conform to Customs

Valuation Agreement, incorporating, as part of that revision, a new

format of five methods of determining customs value in subsecs. (b)

through (f), a group of special rules in subsec. (g), and

definition of terms in subsec. (h).

EFFECTIVE DATE OF 1980 AMENDMENT

Section 2 of Pub. L. 96-490 provided in part that the amendment

made by that section is ''effective on the latest of -

''(1) the date on which the amendments made by title II of the

Trade Agreements Act of 1979 (except the amendments made by

section 223(b)) take effect (July 1, 1980),

''(2) the date on which the President accepts the Protocol (to

the Agreement on Implementation of Article VII of the General

Agreement on Tariffs and Trade) for the United States (Dec. 30,

1980), or

''(3) the date on which the President determines that the

European Economic Community has implemented the Protocol under

its laws (Jan. 1, 1981),

and effective with respect to merchandise exported to the United

States on or after that date''.

(For delegation of authority of the President to make the

determinations required by pars. (1) to (3), above, to the United

States Trade Representative, see Memorandum of the President, Dec.

17, 1980, 45 F.R. 83467.)

(For determination of the United States Trade Representative that

the conditions of pars. (1) to (3), above, were satisfied effective

on Jan. 1, 1981, see Determination of United States Trade

Representative, 46 F.R. 1073.)

EFFECTIVE DATE OF 1979 AMENDMENT; TRANSITION TO NEW VALUATION

STANDARDS

Section 204 of title II of Pub. L. 96-39 provided that:

''(a) Effective Date of Amendments. -

''(1) In general. - Except as provided in paragraph (2), the

amendments made by this title (amending the Tariff Schedules of

the United States (see Publication of Tariff Schedules note under

section 1202 of this title), sections 1332, 1336, 1351, 1401a,

1500, and 2481 of this title, and section 993 of Title 26,

Internal Revenue Code, repealing section 1402 of this title, and

enacting provisions set out as notes under sections 1202, 1401a,

and 2111 of this title) (except the amendments made by section

223(b) (amending schedule 7, part 1, subpart A of the Tariff

Schedules of the United States) shall take effect on -

''(A) January 1, 1981, if the Agreement enters into force

with respect to the United States by that date; or

''(B) if subparagraph (A) does not apply, that date after

January 1, 1981, on which the Agreement enters into such force;

and shall apply with respect to merchandise that is exported to

the United States on or after whichever of such dates applies.

''(2) Earlier effective date under certain circumstances. - If

the President determines before January 1, 1981, that -

''(A) the European Economic Community has accepted the

obligations of the Agreement with respect to the United States;

and

''(B) each of the member states of the European Economic

Community has implemented the Agreement under its laws;

the President shall by proclamation announce such determination

and the amendments made by this title (except the amendments made

by section 223(b) (amending schedule 7, part 1, subpart A of the

Tariff Schedules of the United States) shall take effect on the

date specified in the proclamation (July 1, 1980) (but not before

July 1, 1980) and shall apply with respect to merchandise that is

exported to the United States on or after such date; except that

unless the Agreement enters into force with respect to the United

States by January 1, 1981, all provisions of law that were

amended by such amendments are revived (as in effect on the day

before such amendments took effect) on January 1, 1981, and such

provisions -

''(i) shall remain in effect until the date on which the

Agreement enters into force with respect to the United States

(and on such date the amendments made by this title (except the

amendments made by section 223(b) (amending schedule 7, part 1,

subpart A of the Tariff Schedules of the United States)) are

revived and shall apply with respect to merchandise exported to

the United States on or after such date); and

''(ii) shall apply with respect to merchandise exported to

the United States on or after January 1, 1981, and before the

date on which the Agreement enters into such force.

''(b) Application of Old Law Valuation Standards. - For purposes

of the administration of the customs laws, all merchandise (other

than merchandise to which subsections (a) and (c) apply) shall be

appraised on the same basis, and in the same manner, as if the

amendments made by this title had not been enacted.

''(c) Special Treatment for Certain Rubber Footwear. - The

amendments made by section 223(b) (amending schedule 7, part 1,

subpart A of the Tariff Schedules of the United States) shall take

effect July 1, 1981, or, if later, the date on which the Agreement

enters into force with respect to the United States, and shall

apply, together with the other amendments made by this title, to

rubber footwear exported to the United States on or after such

date. For purposes of the administration of the customs laws, all

rubber footwear (other than rubber footwear to which the preceding

sentence applies) shall be appraised on the same basis, and in the

same manner, as if the amendments made by this title had not been

enacted.

''(d) Definition. - For purposes of this section, the term

'rubber footwear' means articles described in item 700.60 of the

Tariff Schedules of the United States (as in effect on the day

before the day on which the amendments made by section 223(b)

(amending schedule 7, part 1, subpart A of the Tariff Schedules of

the United States) take effect).''

(For Presidential proclamation specifying in accordance with

subsec. (a)(2), above, that the amendments by title II of Pub. L.

96-39 are effective July 1, 1980, see sections 5(b) and 2(a) of

Proc. No. 4768, June 28, 1980, 45 F.R. 45136, 45137, set out as a

note under section 2111 of this title.)

EFFECTIVE DATE

Section 8 of act Aug. 2, 1956, provided that: ''This Act

(enacting this section and provisions set out in notes under this

section and sections 2, 160, 1351, and 1402 of this title, amending

sections 1001, 1402, 1500, and 1583 of this title, and sections 372

and 711 of former Title 31, Money and Finance, and repealing

sections 12 to 18, 21 to 24, 26 to 28, 30, 40, 53 to 57, 59, 61,

62, 67, 376, 379, 390, 494, 526, 541, 542, 549, and 579 of this

title) shall be effective on and after the day following the date

of its enactment (Aug. 2, 1956), except that section 2 (enacting

this section and provisions set out in note under section 1351 of

this title, and amending sections 1001, 1336, and 1402 of this

title) shall be effective only as to articles entered, or withdrawn

from warehouse, for consumption on or after the thirtieth day

following the publication of the final list provided for in section

6(a) of this Act (set out in note under section 1402 of this

title), and section 3 (amending section 372 of former Title 31)

shall be effective as to entries filed on or after the thirtieth

day following the date of enactment of this Act (Aug. 2, 1956).''

PRESIDENTIAL REPORT TO CONGRESS ON OPERATION OF AGREEMENT ON

IMPLEMENTATION OF ARTICLE VII OF THE GENERAL AGREEMENT ON TARIFFS

AND TRADE OVER 2-YEAR PERIOD

Section 203 of Pub. L. 96-39 provided that: ''As soon as

practicable after the close of the 2-year period beginning on the

date on which the amendments made by this title (other than section

223(b), relating to certain rubber footwear) take effect (see

Effective Date of 1979 Amendment note set out above), the President

shall prepare and submit to Congress a report containing an

evaluation of the operation of the Agreement on Implementation of

Article VII of the General Agreement on Tariffs and Trade approved

under section 2(a) (section 2503(a) of this title) (hereinafter in

this subtitle referred to as the 'Agreement'), both domestically

and internationally, during that period.''

LIST OF ARTICLES TO BE VALUED; PRELIMINARY LIST; ADDITIONS; FINAL

LIST; TRANSMITTAL TO CONGRESSIONAL COMMITTEES

Section 6 of act Aug. 2, 1956, provided that:

''(a) The Secretary of the Treasury shall determine and make

public a list of the articles which shall be valued in accordance

with section 402a, Tariff Act of 1930, as amended by this Act

(former section 1402 of this title), as follows:

''As soon as practicable after the enactment of this Act (Aug. 2,

1956) the Secretary shall make public a preliminary list of the

imported articles which he shall have determined, after such

investigation as he deems necessary, would have been appraised in

accordance with section 402 of the Tariff Act of 1930, as amended

by this Act (this section), at average values for each article

which are 95 (or less) per centum of the average values at which

such article was actually appraised during the fiscal year 1954. If

within sixty days after the publication of such preliminary list

any manufacturer, producer, or wholesaler in the United States

presents to the Secretary his reason for belief that any imported

articles not specified in such list and like or similar to articles

manufactured, produced, or sold at wholesale by him would have been

appraised in accordance with such section 402 (section 1401a of

this title) at average values which are 95 (or less) per centum of

the average values at which they were or would have been appraised

under section 402a, Tariff Act of 1930, as amended by this Act, the

Secretary shall cause such investigation of the matter to be made

as he deems necessary. If in the opinion of the Secretary the

reason for belief is substantiated by the investigation, the

articles involved shall be added to the preliminary list and such

list, including any additions so made thereto, shall be published

as a final list. Every article so specified in the final list

which is entered, or withdrawn from warehouse, for consumption on

or after the thirtieth day following the date of publication of the

final list shall be appraised in accordance with the provisions of

section 402a, Tariff Act of 1930, as amended by this Act.

''(b) The final list published in accordance with the provisions

of subsection (a), together with explanatory data, shall be

transmitted promptly to the chairmen of the Committee on Ways and

Means of the House of Representatives and the Committee on Finance

of the Senate.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 58c, 1332, 1351, 1500,

2112, 2481 of this title; title 26 sections 904, 927, 943, 993.

-CITE-

19 USC Sec. 1402 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part I - Definitions and National Customs Automation Program

subpart a - definitions

-HEAD-

Sec. 1402. Repealed. Pub. L. 96-39, title II, Sec. 201(b), July 26,

1979, 93 Stat. 201

-MISC1-

Section, acts June 17, 1930, ch. 497, title IV, Sec. 402a,

formerly Sec. 402, 46 Stat. 708; June 25, 1938, ch. 679, Sec. 8, 52

Stat. 1081, renumbered and amended Aug. 2, 1956, ch. 887, Sec.

2(a), (f), 70 Stat. 943, 946; June 2, 1970, Pub. L. 91-271, title

III, Sec. 301(d), 84 Stat. 288, provided an alternative basis for

valuation of articles designated by the Secretary of Treasury as

provided for by act Aug. 2, 1956, ch. 887, Sec. 6(a), 70 Stat. 948,

as either the foreign value or the export value, whichever is

higher, or if the appropriate customs officer determines that

neither the foreign value nor the export value can be

satisfactorily ascertained, then the United States value, or if the

appropriate customs officer determines that neither the foreign

value, the export value, nor the United States value can be

satisfactorily ascertained, then the cost of production, or in the

case of an article with respect to which there is in effect under

section 1336 of this title a rate of duty based upon the American

selling price of a domestic article, then the American selling

price of such article, defined foreign value, export value, United

States value, cost of production, and American selling price, and

provided for review of the decision of the appropriate customs

officer.

Provisions similar to those of this section were contained in act

Oct. 3, 1913, ch. 16, Sec. III, L and R, 38 Stat. 185, 189, and in

act May 27, 1921, ch. 14, title III, Sec. 301-304, 42 Stat. 15, 16,

all of which were superseded by act Sept. 21, 1922, ch. 356, title

IV, Sec. 402, 42 Stat. 949, and were repealed by section 643

thereof. Section 402 of the 1922 act was superseded by section 402

of act June 17, 1930, comprising this section, and repealed by

section 651(a)(1) of the 1930 act.

Earlier provisions on the subject were contained in R.S. Sec.

2905-2907, and 2952, prior to repeal by act June 10, 1890, ch. 407,

Sec. 29, 26 Stat. 141; and in act June 10, 1890, ch. 407, Sec. 11

and 19, 26 Stat. 136, 139, as amended by act July 24, 1897, ch. 11,

Sec. 32, 30 Stat. 211, and act Aug. 5, 1909, ch. 6, Sec. 28, 36

Stat. 97, 101, prior to repeal by act Oct. 3, 1913, ch. 16, Sec.

IV, S, 38 Stat. 201.

R.S. Sec. 2906, requiring the collector to cause the actual

market value, or wholesale price at the period of exportation, to

be appraised, and providing that such appraised value should be

considered the value upon which duty should be assessed, and R.S.

Sec. 2913, relative to the appraisement of gloves protected by

trademark, were repealed by section 642 of the act of Sept. 21,

1922, ch. 356, title IV, Sec. 643, 42 Stat. 989.

EFFECTIVE DATE OF REPEAL

Repeal effective July 1, 1980, see section 204(a)(2) of Pub. L.

96-39, set out as an Effective Date of 1979 Amendment note under

section 1401a of this title.

-CITE-

19 USC subpart b - national customs automation program 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part I - Definitions and National Customs Automation Program

subpart b - national customs automation program

.

-HEAD-

subpart b - national customs automation program

-CITE-

19 USC Sec. 1411 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part I - Definitions and National Customs Automation Program

subpart b - national customs automation program

-HEAD-

Sec. 1411. National Customs Automation Program

-STATUTE-

(a) Establishment

The Secretary shall establish the National Customs Automation

Program (hereinafter in this subpart referred to as the

''Program'') which shall be an automated and electronic system for

processing commercial importations and shall include the following

existing and planned components:

(1) Existing components:

(A) The electronic entry of merchandise.

(B) The electronic entry summary of required information.

(C) The electronic transmission of invoice information.

(D) The electronic transmission of manifest information.

(E) Electronic payments of duties, fees, and taxes.

(F) The electronic status of liquidation and reliquidation.

(G) The electronic selection of high risk entries for

examination (cargo selectivity and entry summary selectivity).

(2) Planned components:

(A) The electronic filing and status of protests.

(B) The electronic filing (including remote filing under

section 1414 of this title) of entry information with the

Customs Service at any location.

(C) The electronic filing of import activity summary

statements and reconciliation.

(D) The electronic filing of bonds.

(E) The electronic penalty process.

(F) The electronic filing of drawback claims, records, or

entries.

(G) Any other component initiated by the Customs Service to

carry out the goals of this subpart.

(b) Participation in Program

The Secretary shall by regulation prescribe the eligibility

criteria for participation in the Program. The Secretary may, by

regulation, require the electronic submission of information

described in subsection (a) of this section or any other

information required to be submitted to the Customs Service

separately pursuant to this subpart.

(c) Foreign-trade zones

Not later than January 1, 2000, the Secretary shall provide for

the inclusion of commercial importation data from foreign-trade

zones under the Program.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 411, as added Pub. L.

103-182, title VI, Sec. 631(2), Dec. 8, 1993, 107 Stat. 2188;

amended Pub. L. 106-36, title II, Sec. 2405, June 25, 1999, 113

Stat. 169; Pub. L. 107-210, div. A, title III, Sec. 338, Aug. 6,

2002, 116 Stat. 980.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-210 inserted second sentence and

struck out former second sentence which read as follows:

''Participation in the Program is voluntary.''

1999 - Subsec. (c). Pub. L. 106-36 added subsec. (c).

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1401, 1413, 1641 of this

title.

-CITE-

19 USC Sec. 1412 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part I - Definitions and National Customs Automation Program

subpart b - national customs automation program

-HEAD-

Sec. 1412. Program goals

-STATUTE-

The goals of the Program are to ensure that all regulations and

rulings that are administered or enforced by the Customs Service

are administered and enforced in a manner that -

(1) is uniform and consistent;

(2) is as minimally intrusive upon the normal flow of business

activity as practicable; and

(3) improves compliance.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 412, as added Pub. L.

103-182, title VI, Sec. 631(2), Dec. 8, 1993, 107 Stat. 2189.)

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1413 of this title.

-CITE-

19 USC Sec. 1413 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part I - Definitions and National Customs Automation Program

subpart b - national customs automation program

-HEAD-

Sec. 1413. Implementation and evaluation of Program

-STATUTE-

(a) Overall Program plan

(1) In general

Before the 180th day after December 8, 1993, the Secretary

shall develop and transmit to the Committees an overall plan for

the Program. The overall Program plan shall set forth -

(A) a general description of the ultimate configuration of

the Program;

(B) a description of each of the existing components of the

Program listed in section 1411(a)(1) of this title; and

(C) estimates regarding the stages on which planned

components of the Program listed in section 1411(a)(2) of this

title will be brought on-line.

(2) Additional information

In addition to the information required under paragraph (1),

the overall Program plan shall include a statement regarding -

(A) the extent to which the existing components of the

Program currently meet, and the planned components will meet,

the Program goals set forth in section 1412 of this title; and

(B) the effects that the existing components are currently

having, and the effects that the planned components will likely

have, on -

(i) importers, brokers, and other users of the Program, and

(ii) Customs Service occupations, operations, processes,

and systems.

(b) Implementation plan, testing, and evaluation

(1) Implementation plan

For each of the planned components of the Program listed in

section 1411(a)(2) of this title, the Secretary shall -

(A) develop an implementation plan;

(B) test the component in order to assess its viability;

(C) evaluate the component in order to assess its

contribution toward achieving the program goals; and

(D) transmit to the Committees the implementation plan, the

testing results, and an evaluation report.

In developing an implementation plan under subparagraph (A) and

evaluating components under subparagraph (C), the Secretary shall

publish a request for comments in the Customs Bulletin and shall

consult with the trade community, including importers, brokers,

shippers, and other affected parties.

(2) Implementation

(A) The Secretary may implement on a permanent basis any

Program component referred to in paragraph (1) on or after the

date which is 30 days after paragraph (1)(D) is complied with.

(B) For purposes of subparagraph (A), the 30 days shall be

computed by excluding -

(i) the days either House is not in session because of an

adjournment of more than 3 days to a day certain or an

adjournment of the Congress sine die, and

(ii) any Saturday and Sunday, not excluded under clause (i),

when either House is not in session.

(3) Evaluation and report

The Secretary shall -

(A) develop a user satisfaction survey of parties

participating in the Program;

(B) evaluate the results of the user satisfaction survey on a

biennial basis (fiscal years) and transmit a report to the

Committees on the evaluation by no later than the 90th day

after the close of each 2d fiscal year;

(C) with respect to the existing Program component listed in

section 1411(a)(1)(G) of this title transmit to the Committees

-

(i) a written evaluation of such component before the 180th

day after December 8, 1993, and before the implementation of

the planned Program components listed in section

1411(a)(2)(B) and (C) of this title, and

(ii) a report on such component for each of the 3 full

fiscal years occurring after December 8, 1993, which report

shall be transmitted not later than the 90th day after the

close of each such year; and

(D) not later than the 90th day after the close of fiscal

year 1994, and annually thereafter through fiscal year 2000,

transmit to the Committees a written evaluation with respect to

the implementation and effect on users of each of the planned

Program components listed in section 1411(a)(2) of this title.

In carrying out the provisions of this paragraph, the Secretary

shall publish requests for comments in the Customs Bulletin and

shall consult with the trade community, including importers,

brokers, shippers, and other affected parties.

(c) Committees

For purposes of this section, the term ''Committees'' means the

Committee on Ways and Means of the House of Representatives and the

Committee on Finance of the Senate.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 413, as added Pub. L.

103-182, title VI, Sec. 631(2), Dec. 8, 1993, 107 Stat. 2189;

amended Pub. L. 104-295, Sec. 21(e)(15), Oct. 11, 1996, 110 Stat.

3531.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(1). Pub. L. 104-295 made technical amendment

to reference in original act which appears in text as reference to

December 8, 1993.

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1641 of this title.

-CITE-

19 USC Sec. 1414 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part I - Definitions and National Customs Automation Program

subpart b - national customs automation program

-HEAD-

Sec. 1414. Remote location filing

-STATUTE-

(a) Core entry information

(1) In general

A Program participant may file electronically an entry of

merchandise with the Customs Service from a location other than

the district designated in the entry for examination (hereafter

in this section referred to as a ''remote location'') if -

(A) the Customs Service is satisfied that the participant has

the capabilities referred to in paragraph (2)(A) regarding such

method of filing; and

(B) the participant elects to file from the remote location.

(2) Requirements

(A) In general

In order to qualify for filing from a remote location, a

Program participant must have the capability to provide, on an

entry-by-entry basis, for the following:

(i) The electronic entry of merchandise.

(ii) The electronic entry summary of required information.

(iii) The electronic transmission of invoice information

(when required by the Customs Service).

(iv) The electronic payment of duties, fees, and taxes.

(v) Such other electronic capabilities within the existing

or planned components of the Program as the Secretary shall

by regulation require.

(B) Restriction on exemption from requirements

The Customs Service may not permit any exemption or waiver

from the requirements established by this section for

participation in remote entry filing.

(3) Conditions on filing under this section

The Secretary may prohibit a Program participant from

participating in remote location filing, and may remove a Program

participant from participation in remote location filing, if the

participant -

(i) fails to meet all the compliance requirements and

operational standards of remote location filing; or

(ii) fails to adhere to all applicable laws and regulations.

(4) Alternative filing

Any Program participant that is eligible to file entry

information electronically from a remote location but chooses not

to do so in the case of any entry must file any paper

documentation for the entry at the designated location referred

to in subsection (d) of this section.

(b) Additional entry information

(1) In general

A Program participant that is eligible under subsection (a) of

this section to file entry information from a remote location

may, if the Customs Service is satisfied that the participant

meets the requirements under paragraph (2), also electronically

file from the remote location additional information that is

required by the Customs Service to be presented before the

acceptance of entry summary information and at the time of

acceptance of entry summary information.

(2) Requirements

The Secretary shall publish, and periodically update, a list of

those capabilities within the existing and planned components of

the Program that a Program participant must have for purposes of

this subsection.

(3) Filing of additional information

(A) If information electronically acceptable

A Program participant that is eligible under paragraph (1) to

file additional information from a remote location shall

electronically file all such information that the Customs

Service can accept electronically.

(B) Alternative filing

If the Customs Service cannot accept additional information

electronically, the Program participant shall file the paper

documentation with respect to the information at the

appropriate filing location.

(C) Appropriate location

For purposes of subparagraph (B), the ''appropriate

location'' is -

(i) before January 1, 1999, a designated location; and

(ii) after December 31, 1998 -

(I) if the paper documentation is required for release, a

designated location; or

(II) if the paper documentation is not required for

release, a remote location designated by the Customs

Service or a designated location.

(D) Other

A Program participant that is eligible under paragraph (1) to

file additional information electronically from a remote

location but chooses not to do so must file the paper

documentation with respect to the information at a designated

location.

(c) Post-entry summary information

A Program participant that is eligible to file electronically

entry information under subsection (a) of this section and

additional information under subsection (b) of this section from a

remote location may file at any remote location designated by the

Customs Service any information required by the Customs Service

after entry summary.

(d) Definitions

As used in this section:

(1) The term ''designated location'' means a customs office

located in the customs district designated by the entry filer for

purposes of customs examination of the merchandise.

(2) The term ''Program participant'' means, with respect to an

entry of merchandise, any party entitled to make the entry under

section 1484(a)(2)(B) of this title.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 414, as added Pub. L.

103-182, title VI, Sec. 631(2), Dec. 8, 1993, 107 Stat. 2191.)

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1411 of this title.

-CITE-

19 USC Part II - Report, Entry, and Unlading of Vessels

and Vehicles 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

.

-HEAD-

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-CITE-

19 USC Sec. 1431 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1431. Manifests

-STATUTE-

(a) In general

Every vessel required to make entry under section 1434 of this

title or obtain clearance under section 91 of title 46, Appendix,

shall have a manifest that complies with the requirements

prescribed under subsection (d) of this section.

(b) Production of manifest

Any manifest required by the Customs Service shall be signed,

produced, delivered or electronically transmitted by the master or

person in charge of the vessel, aircraft, or vehicle, or by any

other authorized agent of the owner or operator of the vessel,

aircraft, or vehicle in accordance with the requirements prescribed

under subsection (d) of this section. A manifest may be

supplemented by bill of lading data supplied by the issuer of such

bill. If any irregularity of omission or commission occurs in any

way in respect to any manifest or bill of lading data, the owner or

operator of the vessel, aircraft or vehicle, or any party

responsible for such irregularity, shall be liable for any fine or

penalty prescribed by law with respect to such irregularity. The

Customs Service may take appropriate action against any of the

parties.

(c) Public disclosure of certain manifest information

(1) Except as provided in subparagraph (2), the following

information, when contained in a vessel vessel (FOOTNOTE 1) or

aircraft manifest, shall be available for public disclosure:

(FOOTNOTE 1) So in original.

(A) The name and address of each importer or consignee and the

name and address of the shipper to such importer or consignee,

unless the importer or consignee has made a biennial

certification, in accordance with procedures adopted by the

Secretary of the Treasury, claiming confidential treatment of

such information.

(B) The general character of the cargo.

(C) The number of packages and gross weight.

(D) The name of the vessel, aircraft, or carrier.

(E) The seaport or airport of loading.

(F) The seaport or airport of discharge.

(G) The country of origin of the shipment.

(H) The trademarks appearing on the goods or packages.

(2) The information listed in paragraph (1) shall not be

available for public disclosure if -

(A) the Secretary of the Treasury makes an affirmative finding

on a shipment-by-shipment basis that disclosure is likely to pose

a threat of personal injury or property damage; or

(B) the information is exempt under the provisions of section

552(b)(1) of title 5.

(3) The Secretary of the Treasury, in order to allow for the

timely dissemination and publication of the information listed in

paragraph (1), shall establish procedures to provide access to

manifests. Such procedures shall include provisions for adequate

protection against the public disclosure of information not

available for public disclosure from such manifests.

(d) Regulations

(1) In general

The Secretary shall by regulation -

(A) specify the form for, and the information and data that

must be contained in, the manifest required by subsection (a)

of this section;

(B) allow, at the option of the individual producing the

manifest and subject to paragraph (2), letters and documents

shipments to be accounted for by summary manifesting

procedures;

(C) prescribe the manner of production for, and the delivery

for electronic transmittal of, the manifest required by

subsection (a) of this section; and

(D) prescribe the manner for supplementing manifests with

bill of lading data under subsection (b) of this section.

(2) Letters and documents shipments

For purposes of paragraph (1)(B) -

(A) the Customs Service may require with respect to letters

and documents shipments -

(i) that they be segregated by country of origin, and

(ii) additional examination procedures that are not

necessary for individually manifested shipments;

(B) standard letter envelopes and standard document packs

shall be segregated from larger document shipments for purposes

of customs inspections; and

(C) the term ''letters and documents'' means -

(i) data described in General Headnote 4(c) of the

Harmonized Tariff Schedule of the United States,

(ii) securities and similar evidences of value described in

heading 4907 of such Schedule, but not monetary instruments

defined pursuant to chapter 53 of title 31, and

(iii) personal correspondence, whether on paper, cards,

photographs, tapes, or other media.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 431, 46 Stat. 710; Aug. 8,

1953, ch. 397, Sec. 15, 67 Stat. 516; Pub. L. 98-573, title II,

Sec. 203, Oct. 30, 1984, 98 Stat. 2974; Pub. L. 100-690, title VII,

Sec. 7367(c)(1), Nov. 18, 1988, 102 Stat. 4479; Pub. L. 103-182,

title VI, Sec. 635, Dec. 8, 1993, 107 Stat. 2199; Pub. L. 104-153,

Sec. 11, July 2, 1996, 110 Stat. 1389; Pub. L. 104-295, Sec.

3(a)(3), Oct. 11, 1996, 110 Stat. 3515.)

-REFTEXT-

REFERENCES IN TEXT

The Harmonized Tariff Schedule of the United States, referred to

in subsec. (d)(2)(C)(i), (ii), is not set out in the Code. See

Publication of Harmonized Tariff Schedule note set out under

section 1202 of this title.

-MISC2-

PRIOR PROVISIONS

R.S. Sec. 2806, 2807 (as amended by act June 3, 1902, ch. 86,

Sec. 1, 27 Stat. 41), and 2808, requiring manifests, and

prescribing their contents, were superseded by act Sept. 21, 1922,

ch. 356, title IV, Sec. 431, 42 Stat. 950, and repealed by section

642 thereof. Section 431 of the 1922 act was superseded by section

431 of act June 17, 1930, comprising this section, and repealed by

section 651(a)(1) of the 1930 act.

R.S. Sec. 2805, relative to the administration of oaths required

by that chapter, was superseded to a great extent by the Customs

Administrative Act of June 10, 1890, ch. 407, Sec. 22, 26 Stat.

140, amended by the Payne-Aldrich Tariff Act of Aug. 5, 1909, ch.

6, Sec. 28, 36 Stat. 102, and by the Underwood Tariff Act of Oct.

3, 1913, ch. 16, Sec. IV, S., 38 Stat. 201, which abolished all

oaths administered by officers of the customs, except as provided

in those acts and repealed by act Sept. 21, 1922, ch. 356, title

IV, Sec. 642, 42 Stat. 989.

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-295 substituted ''a vessel

manifest'' for ''such manifest'' in introductory provisions.

Pub. L. 104-153 inserted ''vessel or aircraft'' before

''manifest'' in introductory provisions, amended subpars. (D) to

(F) generally, substituting ''vessel, aircraft, or carrier'' for

''vessel or carrier'' in subpar. (D) and ''seaport or airport'' for

''port'' in subpars. (E) and (F), and added subpar. (H).

1993 - Subsecs. (a) and (b). Pub. L. 103-182, Sec. 635(1),

amended subsecs. (a) and (b) generally, substituting present

provisions for provisions relating to, in subsec. (a), the

requirement, form, and contents of manifests and, in subsec. (b),

the signing and delivery of manifests.

Subsec. (d). Pub. L. 103-182, Sec. 635(2), added subsec. (d).

1988 - Subsec. (c)(1)(G). Pub. L. 100-690 substituted ''country

of origin'' for ''country or origin''.

1984 - Subsec. (a). Pub. L. 98-573, Sec. 203(1), inserted ''; and

the names of the shippers of such merchandise'' in par. Third.

Subsec. (c). Pub. L. 98-573, Sec. 203(2), added subsec. (c).

1953 - Act Aug. 8, 1953, designated existing provisions as

subsec. (a) and added subsec. (b).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-295 applicable as of Dec. 8, 1993, see

section 3(b) of Pub. L. 104-295, set out as a note under section

1321 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective on 15th day after Oct. 30,

1984, see section 214(a), (b) of Pub. L. 98-573, set out as a note

under section 1304 of this title.

EFFECTIVE DATE OF 1953 AMENDMENT; SAVINGS PROVISION

Amendment to this section effective on and after thirtieth day

following Aug. 8, 1953, and savings provision, see notes set out

under section 1304 of this title.

REGULATIONS

Section 14 of Pub. L. 104-153 provided that: ''Not later than 6

months after the date of the enactment of this Act (July 2, 1996),

the Secretary of the Treasury shall prescribe such regulations or

amendments to existing regulations that may be necessary to carry

out the amendments made by sections 9, 10, 11, 12, and 13 of this

Act (amending this section, sections 1484 and 1526 of this title,

and section 80302 of Title 49, Transportation).''

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1436 of this title; title

18 section 965; title 49 section 44909.

-CITE-

19 USC Sec. 1431a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1431a. Documentation of waterborne cargo

-STATUTE-

(a) Applicability

This section shall apply to all cargo to be exported that is

moved by a vessel carrier from a port in the United States.

(b) Documentation required

(1) No shipper of cargo subject to this section (including an

ocean transportation intermediary that is a non-vessel-operating

common carrier (as defined in section 1702(17)(B) of title 46,

Appendix) (FOOTNOTE 1) may tender or cause to be tendered to a

vessel carrier cargo subject to this section for loading on a

vessel in a United States port, unless such cargo is properly

documented pursuant to this subsection.

(FOOTNOTE 1) So in original. Probably should be followed by a

closing parenthesis.

(2) For the purposes of this subsection, cargo shall be

considered properly documented if the shipper submits to the vessel

carrier or its agent a complete set of shipping documents no later

than 24 hours after the cargo is delivered to the marine terminal

operator, but under no circumstances later than 24 hours prior to

departure of the vessel.

(3) A complete set of shipping documents shall include -

(A) for shipments for which a shipper's export declaration is

required, a copy of the export declaration or, if the shipper

files such declarations electronically in the Automated Export

System, the complete bill of lading, and the master or equivalent

shipping instructions, including the Internal Transaction Number

(ITN); or

(B) for shipments for which a shipper's export declaration is

not required, a shipper's export declaration exemption statement

and such other documents or information as the Secretary may by

regulation prescribe.

(4) The Secretary shall by regulation prescribe the time, manner,

and form by which shippers shall transmit documents or information

required under this subsection to the Customs Service.

(c) Loading undocumented cargo prohibited

(1) No marine terminal operator (as defined in section 1702(14)

of title 46, Appendix) may load, or cause to be loaded, any cargo

subject to this section on a vessel unless instructed by the vessel

carrier operating the vessel that such cargo has been properly

documented in accordance with this section.

(2) When cargo is booked by 1 vessel carrier to be transported on

the vessel of another vessel carrier, the booking carrier shall

notify the operator of the vessel that the cargo has been properly

documented in accordance with this section. The operator of the

vessel may rely on such notification in releasing the cargo for

loading aboard the vessel.

(d) Reporting of undocumented cargo

(1) In general

A vessel carrier shall notify the Customs Service of any cargo

tendered to such carrier that is not properly documented pursuant

to this section and that has remained in the marine terminal for

more than 48 hours after being delivered to the marine terminal,

and the location of the cargo in the marine terminal.

(2) Sharing arrangements

For vessel carriers that are members of vessel sharing

agreements (or any other arrangement whereby a carrier moves

cargo on another carrier's vessel), the vessel carrier accepting

the booking shall be responsible for reporting undocumented

cargo, without regard to whether it operates the vessel on which

the transportation is to be made.

(3) Reassignment to another vessel

For purposes of this subsection and subsection (f) of this

section, if merchandise has been tendered to a marine terminal

operator and subsequently reassigned for carriage on another

vessel, the merchandise shall be considered properly documented

if the information provided reflects carriage on the previously

assigned vessel and otherwise meets the requirements of

subsection (b) of this section. Notwithstanding the preceding

sentence, it shall be the responsibility of the vessel carrier to

notify the Customs Service promptly of any reassignment of

merchandise for carriage on a vessel other than the vessel on

which the merchandise was originally assigned.

(4) Multiple containers

If a single shipment is comprised of multiple containers, the

48-hour period described in paragraph (1) shall begin to run from

the time the last container of the shipment is delivered to the

marine terminal operator. It shall be the responsibility of the

person tendering the cargo to inform the carrier that the

shipment consists of multiple containers that will be delivered

to the marine terminal operator at different times as part of a

single shipment.

(e) Assessment of penalties

Whoever is found to have violated subsection (b) of this section

shall be liable to the United States for civil penalties in a

monetary amount up to the value of the cargo, or the actual cost of

the transportation, whichever is greater.

(f) Seizure of undocumented cargo

(1) Any cargo that is not properly documented pursuant to this

section and has remained in the marine terminal for more than 48

hours after being delivered to the marine terminal operator shall

be subject to search, seizure, and forfeiture.

(2) The shipper of any such cargo is liable to the marine

terminal operator and to the ocean carrier for demurrage and other

applicable charges for any undocumented cargo which has been

notified to or searched or seized by the Customs Service for the

entire period the cargo remains under the order and direction of

the Customs Service. Unless the cargo is seized by the Customs

Service and forfeited, the marine terminal operator and the ocean

carrier shall have a lien on the cargo for the amount of the

demurrage and other charges.

(g) Effect on other provisions

Nothing in this section shall be construed, interpreted, or

applied to relieve or excuse any party from compliance with any

obligation or requirement arising under any other law, regulation,

or order with regard to the documentation or carriage of cargo.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 431A, as added Pub. L.

107-210, div. A, title III, Sec. 343(b), Aug. 6, 2002, 116 Stat.

983; amended Pub. L. 107-295, title I, Sec. 108(a), Nov. 25, 2002,

116 Stat. 2088.)

-MISC1-

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-295 amended heading and text of

subsec. (d) generally. Prior to amendment, text read as follows:

''A vessel carrier shall notify the Customs Service of any cargo

tendered to such carrier that is not properly documented pursuant

to this section and that has remained in the marine terminal for

more than 48 hours after being delivered to the marine terminal,

and the location of the cargo in the marine terminal. For vessel

carriers that are members of vessel sharing agreements (or any

other arrangement whereby a carrier moves cargo on another

carrier's vessel), the vessel carrier accepting the booking shall

be responsible for reporting undocumented cargo, without regard to

whether it operates the vessel on which the transportation is to be

made.''

-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.

-CITE-

19 USC Sec. 1432, 1432a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1432, 1432a. Repealed. Pub. L. 103-182, title VI, Sec.

690(b)(1), (c)(5), Dec. 8, 1993, 107 Stat. 2223

-MISC1-

Section 1432, acts June 17, 1930, ch. 497, title IV, Sec. 432, 46

Stat. 710; June 2, 1970, Pub. L. 91-271, title III, Sec. 301(b), 84

Stat. 287, required that the manifest of any vessel arriving from

foreign port or place separately specify articles to be retained on

board as sea stores, ship's stores, bunker coal, or bunker oil and

provided for forfeiture and penalties for omitted articles.

Section 1432a, act June 17, 1930, ch. 497, title IV, Sec. 401

(part), as added Aug. 5, 1935, ch. 438, title II, Sec. 201, 49

Stat. 521, provided that any vessel which had visited any hovering

vessel would be deemed to have arrived from a foreign port or

place, for purposes of certain provisions of law. Section

690(c)(5) of Pub. L. 103-182 which directed the repeal of the

''last undesignated paragraph of section 201 of the Act of August

5, 1935 (19 U.S.C. 1432a)'', was executed by repealing this

section, which was based on the last undesignated paragraph of

section 401 of act June 17, 1930, as added by section 201 of act

Aug. 5, 1935, to reflect the probable intent of Congress.

-CITE-

19 USC Sec. 1433 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1433. Report of arrival of vessels, vehicles, and aircraft

-STATUTE-

(a) Vessel arrival

(1) Immediately upon the arrival at any port or place within the

United States or the Virgin Islands of -

(A) any vessel from a foreign port or place;

(B) any foreign vessel from a domestic port;

(C) any vessel of the United States carrying foreign

merchandise for which entry has not been made; or

(D) any vessel which has visited a hovering vessel or received

merchandise while outside the territorial sea;

the master of the vessel shall report the arrival at the nearest

customs facility or such other place as the Secretary may prescribe

by regulations.

(2) The Secretary may by regulation -

(A) prescribe the manner in which arrivals are to be reported

under paragraph (1); and

(B) extend the time in which reports of arrival must be made,

but not later than 24 hours after arrival.

(b) Vehicle arrival

(1) Vehicles may arrive in the United States only at border

crossing points designated by the Secretary.

(2) Except as otherwise authorized by the Secretary, immediately

upon the arrival of any vehicle in the United States at a border

crossing point, the person in charge of the vehicle shall -

(A) report the arrival; and

(B) present the vehicle, and all persons and merchandise

(including baggage) on board, for inspection;

to the customs officer at the customs facility designated for that

crossing point.

(c) Aircraft arrival

The pilot of any aircraft arriving in the United States or the

Virgin Islands from any foreign airport or place shall comply with

such advance notification, arrival reporting, and landing

requirements as the Secretary may by regulation prescribe.

(d) Presentation of documentation

The master, person in charge of a vehicle, or aircraft pilot

shall present, or transmit pursuant to an electronic data

interchange system, to the Customs Service such information, data,

documents, papers, or manifests as the Secretary may by regulation

prescribe.

(e) Prohibition on departures and discharge

Unless otherwise authorized by law, a vessel, aircraft or vehicle

after arriving in the United States or Virgin Islands may, but only

in accordance with regulations prescribed by the Secretary -

(1) depart from the port, place, or airport of arrival; or

(2) discharge any passenger or merchandise (including baggage).

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 433, 46 Stat. 711; Pub. L.

99-570, title III, Sec. 3112, Oct. 27, 1986, 100 Stat. 3207-80;

Pub. L. 103-182, title VI, Sec. 652, Dec. 8, 1993, 107 Stat. 2209;

Pub. L. 106-476, title I, Sec. 1452(a)(1), Nov. 9, 2000, 114 Stat.

2167.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 433, 42 Stat. 951. That

section was superseded by section 433 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

R.S. Sec. 2774, requiring a report of arrival, and a further

report in the form of a manifest, and imposing a penalty for

violations was superseded by act Sept. 21, 1922, ch. 356, title IV,

Sec. 433, 42 Stat. 951, and repealed by section 642 of that act.

R.S. Sec. 2772, relative to report and entry by the master of

every vessel, bound to a port of delivery; section 2775, requiring

a special report by the master of any vessel having on board

distilled spirits or wines; and section 2832, relative to report of

arrival of vessels proceeding to the ports of Natchez or Vicksburg,

were also repealed by section 642 of the act of Sept. 21, 1922, ch.

356.

AMENDMENTS

2000 - Subsec. (a)(1)(C). Pub. L. 106-476 struck out ''bonded

merchandise, or'' before ''foreign merchandise''.

1993 - Subsec. (a)(1)(D). Pub. L. 103-182, Sec. 652(1), added

subpar. (D).

Subsec. (d). Pub. L. 103-182, Sec. 652(2), substituted ''present,

or transmit pursuant to an electronic data interchange system, to

the Customs Service such information, data,'' for ''present to

customs officers such''.

Subsec. (e). Pub. L. 103-182, Sec. 652(3), amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows:

''Unless otherwise authorized by law, a vessel, aircraft, or

vehicle may, after arriving in the United States or the Virgin

Islands -

''(1) depart from the port, place, or airport of arrival; or

''(2) discharge any passenger or merchandise (including

baggage);

only in accordance with regulations prescribed by the Secretary.''

1986 - Pub. L. 99-570 amended section generally. Prior to

amendment, section read as follows: ''Within twenty-four hours

after the arrival of any vessel from a foreign port or place, or of

a foreign vessel from a domestic port, or of a vessel of the United

States carrying bonded merchandise, or foreign merchandise for

which entry has not been made, at any port or place within the

United States at which such vessel shall come to, the master shall,

unless otherwise provided by law, report the arrival of the vessel

at the nearest customhouse, under such regulations as the

Commissioner of Customs may prescribe.''

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-476, except as otherwise provided,

applicable with respect to goods entered, or withdrawn from

warehouse, for consumption, on or after the 15th day after Nov. 9,

2000, see section 1471 of Pub. L. 106-476, set out as a note under

section 58c 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1436, 1441, 1448, 1459 of

this title; title 46 section 12109.

-CITE-

19 USC Sec. 1434 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1434. Entry; vessels

-STATUTE-

(a) Formal entry

Within 24 hours (or such other period of time as may be provided

under subsection (c)(2) of this section) after the arrival at any

port or place in the United States of -

(1) any vessel from a foreign port or place;

(2) any foreign vessel from a domestic port;

(3) any vessel of the United States having on board foreign

merchandise for which entry has not been made; or

(4) any vessel which has visited a hovering vessel or has

delivered or received merchandise while outside the territorial

sea;

the master of the vessel shall, unless otherwise provided by law,

make formal entry at the nearest customs facility or such other

place as the Secretary may prescribe by regulation.

(b) Preliminary entry

The Secretary may by regulation permit the master to make

preliminary entry of the vessel with the Customs Service in lieu of

formal entry or before formal entry is made. In permitting

preliminary entry, the Customs Service shall board a sufficient

number of vessels to ensure compliance with the laws it enforces.

(c) Regulations

The Secretary may by regulation -

(1) prescribe the manner and format in which entry under

subsection (a) of this section or subsection (b) of this section,

or both, must be made, and such regulations may provide that any

such entry may be made electronically pursuant to an electronic

data interchange system;

(2) provide that -

(A) formal entry must be made within a greater or lesser time

than 24 hours after arrival, but in no case more than 48 hours

after arrival, and

(B) formal entry may be made before arrival; and

(3) authorize the Customs Service to permit entry or

preliminary entry of any vessel to be made at a place other than

a designated port of entry, under such conditions as may be

prescribed.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 434, 46 Stat. 711; Aug. 5,

1935, ch. 438, title III. Sec. 301, 49 Stat. 527; Pub. L. 91-271,

title III, Sec. 301(b), June 2, 1970, 84 Stat. 287; Pub. L.

103-182, title VI, Sec. 653, Dec. 8, 1993, 107 Stat. 2210; Pub. L.

106-476, title I, Sec. 1452(a)(2), Nov. 9, 2000, 114 Stat. 2167.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 434, 42 Stat. 951. That

section was superseded by section 434 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Provisions for deposit of the register and other papers previous

to entry, and for their return to the master or owner of the vessel

on clearance of the vessel, were contained in R.S. Sec. 2790, which

was superseded by act Sept. 21, 1922, ch. 356, title IV, Sec. 434,

42 Stat. 951, and repealed by section 642 of that act.

R.S. Sec. 2836, relative to the entry of vessels arriving within

the districts of Petersburg or Richmond (abolished by the Plan of

Reorganization of the Customs Service set forth in a note to

section 1 of this title) was also repealed by section 642 of act

Sept. 21, 1922, ch. 356.

Special provisions for Astoria and Portland were contained in

R.S. Sec. 2588-2590, which were also repealed by section 642 of the

act of Sept. 21, 1922, ch. 356.

R.S. Sec. 2835, prescribing the duties of masters of vessels

bound up James River, Virginia, in regard to deposit of manifests,

etc., was repealed by act Mar. 3, 1897, ch. 389, Sec. 16, 29 Stat.

691.

Special provisions to facilitate the entry of steamships running

in an established line in foreign trade, made by act June 5, 1894,

ch. 92, Sec. 1, 28 Stat. 85, and extended to steamships trading

between Porto Rico and Hawaii and the United States by act May 31,

1900, ch. 600, 31 Stat. 249, were repealed by section 6 of act Feb.

13, 1911, ch. 46, the preceding sections of which act made more

comprehensive provisions for preliminary entry of any vessel from a

foreign port, and for the lading or unlading of such vessels at

night. Sections 1 to 4 of said act of 1911, were repealed by

section 643 of the act of Sept. 21, 1922, ch. 356.

AMENDMENTS

2000 - Subsec. (a)(3). Pub. L. 106-476 struck out ''bonded

merchandise or'' before ''foreign merchandise''.

1993 - Pub. L. 103-182 amended section generally. Prior to

amendment, section read as follows: ''Except as otherwise provided

by law, and under such regulations as the Commissioner of Customs

may prescribe, the master of a vessel of the United States arriving

in the United States from a foreign port or place shall, within

forty-eight hours after its arrival within the limits of any

customs collection district, make formal entry of the vessel at the

customhouse by producing and depositing with the appropriate

customs officer the vessel's crew list, its register, or document

in lieu thereof, the clearance and bills of health issued to the

vessel at the foreign port or ports from which it arrived, together

with the original and one copy of the manifest, and shall make oath

that the ownership of the vessel is as indicated in the register,

or document in lieu thereof, and that the manifest was made out in

accordance with section 1431 of this title.''

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

customs officer for reference to collector.

1935 - Act Aug. 5, 1935, inserted ''or document in lieu thereof''

after ''indicated in the register''.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-476, except as otherwise provided,

applicable with respect to goods entered, or withdrawn from

warehouse, for consumption, on or after the 15th day after Nov. 9,

2000, see section 1471 of Pub. L. 106-476, set out as a note under

section 58c of this title.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1431, 1436, 1438, 1441,

1448 of this title.

-CITE-

19 USC Sec. 1435 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1435. Repealed. Pub. L. 103-182, title VI, Sec. 690(b)(2),

Dec. 8, 1993, 107 Stat. 2223

-MISC1-

Section, act June 17, 1930, ch. 497, title IV, Sec. 435, 46 Stat.

711, set forth entry requirements for foreign vessels arriving

within limits of any customs collection district.

-CITE-

19 USC Sec. 1435a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1435a. Transferred

-COD-

CODIFICATION

Section, act May 4, 1934, ch. 212, 48 Stat. 663, was transferred

to section 91a of former Title 46, Shipping, and subsequently

repealed by Pub. L. 103-182, title VI, Sec. 690(c)(7), Dec. 8,

1993, 107 Stat. 2223.

-CITE-

19 USC Sec. 1435b 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1435b. Repealed. Pub. L. 103-182, title VI, Sec. 690(c)(6),

Dec. 8, 1993, 107 Stat. 2223

-MISC1-

Section, acts June 16, 1937, ch. 362, 50 Stat. 303; 1946 Reorg.

Plan No. 3, Sec. 101-104, eff. July 16, 1946, 11 F.R. 7875, 60

Stat. 1097; June 2, 1970, Pub. L. 91-271, title III, Sec. 320, 84

Stat. 293, related to clearance of vessels arriving on Sundays,

holidays, or at night.

-CITE-

19 USC Sec. 1436 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1436. Penalties for violations of arrival, reporting, entry,

and clearance requirements

-STATUTE-

(a) Unlawful acts

It is unlawful -

(1) to fail to comply with section 1431, 1433, or 1434 of this

title or section 91 of title 46, Appendix;

(2) to present or transmit, electronically or otherwise, any

forged, altered, or false document, paper, information, data or

manifest to the Customs Service under section 1431, 1433(d), or

1434 of this title or section 91 of title 46, Appendix, without

revealing the facts;

(3) to fail to make entry or to obtain clearance as required by

section 1434 or 1644 of this title, section 91 of title 46,

Appendix, or section 1644a(b)(1) or (c)(1) of this title; or

(4) to fail to comply with, or violate, any regulation

prescribed under any section referred to in any of paragraphs (1)

through (3).

(b) Civil penalty

Any master, person in charge of a vehicle, or aircraft pilot who

commits any violation listed in subsection (a) of this section is

liable for a civil penalty of $5,000 for the first violation, and

$10,000 for each subsequent violation, and any conveyance used in

connection with any such violation is subject to seizure and

forfeiture.

(c) Criminal penalty

In addition to being liable for a civil penalty under subsection

(b) of this section, any master, person in charge of a vehicle, or

aircraft pilot who intentionally commits any violation listed in

subsection (a) of this section is, upon conviction, liable for a

fine of not more than $2,000 or imprisonment for 1 year, or both;

except that if the conveyance has, or is discovered to have had, on

board any merchandise (other than sea stores or the equivalent for

conveyances other than vessels) the importation of which into the

United States is prohibited, such individual is liable for an

additional fine of not more than $10,000 or imprisonment for not

more than 5 years, or both.

(d) Additional civil penalty

If any merchandise (other than sea stores or the equivalent for

conveyances other than a vessel) is imported or brought into the

United States in or aboard a conveyance which was not properly

reported or entered, the master, person in charge of a vehicle, or

aircraft pilot shall be liable for a civil penalty equal to the

value of the merchandise and the merchandise may be seized and

forfeited unless properly entered by the importer or consignee. If

the merchandise consists of any controlled substance listed in

section 1584 of this title, the master, individual in charge of a

vehicle, or pilot shall be liable to the penalties prescribed in

that section.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 436, 46 Stat. 711; Aug. 5,

1935, ch. 438, title II, Sec. 202, 49 Stat. 521; Pub. L. 99-570,

title III, Sec. 3113(a), Oct. 27, 1986, 100 Stat. 3207-81; Pub. L.

103-182, title VI, Sec. 611, Dec. 8, 1993, 107 Stat. 2170; Pub. L.

104-295, Sec. 21(e)(3), Oct. 11, 1996, 110 Stat. 3530.)

-COD-

CODIFICATION

In subsec. (a)(3), ''section 1644a(b)(1) or (c)(1) of this

title'' substituted for ''section 1109 of the Federal Aviation Act

of 1958 (49 U.S.C. App. 1509)'' on authority of Pub. L. 103-272,

Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first section of which

enacted subtitles II, III, and V to X of Title 49, Transportation.

-MISC3-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

R.S. Sec. 2834, as amended by act Mar. 3, 1897, ch. 389, Sec. 15,

29 Stat. 691, which was superseded by act Sept. 21, 1922, ch. 356,

title IV, Sec. 436, 42 Stat. 951, and was repealed by section 642

thereof. Section 436 of the 1922 act was superseded by section 436

of act June 17, 1930, comprising this section, and repealed by

section 651(a)(1) of the 1930 act.

AMENDMENTS

1996 - Subsec. (a)(2). Pub. L. 104-295 substituted ''1431'' for

''1431(e)'' and struck out ''or'' after semicolon at end.

1993 - Pub. L. 103-182, Sec. 611(2), substituted ''entry, and

clearance'' for ''and entry'' in section catchline.

Subsec. (a)(1). Pub. L. 103-182, Sec. 611(1)(A), substituted

''section 1431, 1433, or 1434 of this title or section 91 of title

46, Appendix'' for ''section 1433 of this title''.

Subsec. (a)(2), (3). Pub. L. 103-182, Sec. 611(1)(B), (C),

amended pars. (2) and (3) generally. Prior to amendment, pars. (2)

and (3) read as follows:

''(2) to present any forged, altered, or false document, paper,

or manifest to a customs officer under section 1433(d) of this

title without revealing the facts;

''(3) to fail to make entry as required by section 1434, 1435, or

1644 of this title or section 1509 of title 49, Appendix; or''.

1986 - Pub. L. 99-570 amended section generally. Prior to

amendment, section read as follows: ''Every master who fails to

make the report or entry provided for in sections 1433, 1434, or

1435 of this title shall, for each offense, be liable to a fine of

not more than $1,000 and, if the vessel have, or be discovered to

have had, on board any merchandise (sea stores excepted), the

importation of which into the United States is prohibited, or any

spirits, wines, or other alcoholic liquors, such master shall be

subject to an additional fine of not more than $2,000 or to

imprisonment for not more than one year, or to both such fine and

imprisonment.

''Every master who presents a forged, altered, or false document

or paper on making entry of a vessel as required by section 1434 or

1435 of this title, knowing the same to be forged, altered, or

false and without revealing the fact, shall, in addition to any

forfeiture to which in consequence the vessel may be subject, be

liable to a fine of not more than $5,000 nor less than $50 or to

imprisonment for not more than two years, or to both such fine and

imprisonment.''

1935 - Act Aug. 5, 1935, inserted provisions relating to

additional penalty for vessel carrying nonimportable merchandise or

liquor and added second par.

-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.

-CITE-

19 USC Sec. 1437 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1437. Repealed. Pub. L. 103-182, title VI, Sec. 690(b)(3),

Dec. 8, 1993, 107 Stat. 2223

-MISC1-

Section, act June 17, 1930, ch. 497, title IV, Sec. 437, 46 Stat.

711, provided for return of register or document to master or owner

of vessel upon clearance.

-CITE-

19 USC Sec. 1438 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1438. Unlawful return of foreign vessel's papers

-STATUTE-

It shall not be lawful for any foreign consul to deliver to the

master of any foreign vessel the register, or document in lieu

thereof, deposited with him in accordance with the provisions of

section 1434 of this title, or regulations issued thereunder, until

such master shall produce to him a clearance in due form from the

Customs Service in the port in which such vessel has entered. Any

consul offending against the provisions of this section shall be

liable to a fine of not more than $5,000.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 438, 46 Stat. 712; Pub. L.

91-271, title III, Sec. 301(b), June 2, 1970, 84 Stat. 287; Pub. L.

103-182, title VI, Sec. 654, Dec. 8, 1993, 107 Stat. 2210.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 438, 42 Stat. 952. That

section was superseded by section 438 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

AMENDMENTS

1993 - Pub. L. 103-182 substituted ''section 1434'' for ''section

1435'', inserted '', or regulations issued thereunder,'' before

''until such master'', and substituted ''the Customs Service in the

port in which such vessel has entered'' for ''the appropriate

customs officer of the port where such vessel has been entered''.

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

customs officers for reference to 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

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. 1439, 1440 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1439, 1440. Repealed. Pub. L. 103-182, title VI, Sec.

690(b)(4), (5), Dec. 8, 1993, 107 Stat. 2223

-MISC1-

Section 1439, acts June 17, 1930, ch. 497, title IV, Sec. 439, 46

Stat. 712; Aug. 8, 1953, ch. 397, Sec. 2(b), 67 Stat. 507, required

master of a vessel from a foreign port or place, immediately upon

arrival, to mail or deliver to designated employee a copy of

manifest and any corrections thereto.

Section 1440, acts June 17, 1930, ch. 497, title IV, Sec. 440, 46

Stat. 712; Aug. 8, 1953, ch. 397, Sec. 2(c), 67 Stat. 508, required

master of a vessel to make post entry of any baggage or merchandise

not included on manifest and to mail or deliver such entry to

designated employee.

-CITE-

19 USC Sec. 1441 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1441. Exceptions to vessel entry and clearance requirements

-STATUTE-

The following vessels shall not be required to make entry under

section 1434 of this title or to obtain clearance under section 91

of title 46, Appendix:

(1) Vessels of war and public vessels employed for the

conveyance of letters and dispatches and not permitted by the

laws of the nations to which they belong to be employed in the

transportation of passengers or merchandise in trade.

(2) Passenger vessels making three trips or oftener a week

between a port of the United States and a foreign port, or

vessels used exclusively as ferryboats, carrying passengers,

baggage, or merchandise: Provided, That the master of any such

vessel shall be required to report such baggage and merchandise

to the appropriate customs officer within twenty-four hours after

arrival.

(3) Any vessel carrying passengers on excursion from the United

States Virgin Islands to the British Virgin Islands and

returning, if -

(A) the vessel does not in any way violate the customs or

navigation laws of the United States;

(B) the vessel has not visited any hovering vessel; and

(C) the master of the vessel, if there is on board any

article required by law to be entered, reports the article to

the Customs Service immediately upon arrival.

(4) Any United States documented vessel with recreational

endorsement or any undocumented United States pleasure vessel not

engaged in trade, if -

(A) the vessel complies with the reporting requirements of

section 1433 of this title, and with the customs and navigation

laws of the United States;

(B) the vessel has not visited any hovering vessel; and

(C) the master of, and any other person on board, the vessel,

if the master or such person has on board any article required

by law to be entered or declared, reports such article to the

Customs Service immediately upon arrival.

(5) Vessels arriving in distress or for the purpose of taking

on bunker coal, bunker oil, sea stores, or ship's stores and

which shall depart within twenty-four hours after arrival without

having landed or taken on board any passengers, or any

merchandise other than bunker coal, bunker oil, sea stores, or

ship's stores: Provided, That the master, owner, or agent of such

vessel shall report under oath to the appropriate customs officer

the hour and date of arrival and departure and the quantity of

bunker coal, bunker oil, sea stores, or ship's stores taken on

board.

(6) Any vessel required to anchor at the Belle Isle Anchorage

in the waters of the Detroit River in the State of Michigan, for

the purposes of awaiting the availability of cargo or berthing

space or for the purpose of taking on a pilot or awaiting pilot

services, or at the direction of the Coast Guard, prior to

proceeding to the Port of Toledo, Ohio, where the vessel makes

entry under section 1434 of this title or obtains clearance under

section 91 of title 46, Appendix.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 441, 46 Stat. 712; Aug. 5,

1935, ch. 438, title III, Sec. 302, 49 Stat. 527; Aug. 14, 1937,

ch. 620, Sec. 1, 50 Stat. 638; Sept. 1, 1954, ch. 1213, title V,

Sec. 501(b), 68 Stat. 1140; Pub. L. 91-271, title III, Sec. 301(b),

June 2, 1970, 84 Stat. 287; Pub. L. 98-573, title II, Sec. 204,

Oct. 30, 1984, 98 Stat. 2974; Pub. L. 103-182, title VI, Sec. 655,

Dec. 8, 1993, 107 Stat. 2210; Pub. L. 104-295, Sec. 21(e)(5), Oct.

11, 1996, 110 Stat. 3530; Pub. L. 106-36, title I, Sec.

1001(b)(10), June 25, 1999, 113 Stat. 132; Pub. L. 106-476, title

I, Sec. 1452(b), Nov. 9, 2000, 114 Stat. 2168.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws of the United States, referred to in pars.

(3)(A) and (4)(A), are classified generally to this title.

The navigation laws of the United States, referred to in pars.

(3)(A) and (4)(A), are classified generally to Title 33, Navigation

and Navigable Waters.

-MISC2-

PRIOR PROVISIONS

Provisions somewhat similar to those in par. (1) of this section

were contained in R.S. Sec. 2791. R.S. Sec. 3123 provided that

steam-tugs duly enrolled and licensed to engage in the foreign and

coasting trade on the northern, northeastern, and northwestern

frontiers of the United States, when exclusively employed in towing

vessels, should not be required to report and clear at the

custom-house but that when employed in towing rafts or other

vessels without sale or steam motive-power, not required to be

enrolled or licensed they should report and clear in the same

manner as other vessels. Both sections were superseded and more

closely assimilated to this section by act Sept. 21, 1922, ch. 356,

title IV, Sec. 441, 42 Stat. 952, and repealed by section 642

thereof. Section 441 of the 1922 act was superseded by section 441

of act June 17, 1930, comprising this section, and repealed by

section 651(a)(1) of the 1930 act.

AMENDMENTS

2000 - Par (6). Pub. L. 106-476 added par. (6).

1999 - Par. (6). Pub. L. 106-36 struck out par. (6) which read as

follows: ''Tugs documented under chapter 121 of title 46 with a

Great Lakes endorsement when towing vessels which are required by

law to enter and clear.''

1996 - Pars. (1), (2), (4), (5). Pub. L. 104-295 substituted

period for semicolon at end of pars. (1), (2), and (4) and

substituted period for ''; and'' at end of par. (5).

1993 - Pub. L. 103-182, Sec. 655(1), (5), substituted catchline

for one which read ''Vessels not required to enter'' and amended

introductory provisions generally. Prior to amendment,

introductory provisions read as follows: ''The following vessels

shall not be required to make entry at the customhouse:''.

Par. (3). Pub. L. 103-182, Sec. 655(2), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: ''Vessels

carrying passengers on excursion from the United States Virgin

Islands to the British Virgin Islands and returning, and licensed

yachts or undocumented American pleasure vessels not engaged in

trade: Provided, That such vessels do not in any way violate the

customs or navigation laws of the United States and have not

visited any hovering vessel: Provided further, That the master of

any such vessel which has on board any article required by law to

be entered shall be required to report such article to the

appropriate customs officer within twenty-four hours after

arrival.''

Pars. (4), (5). Pub. L. 103-182, Sec. 655(3), added par. (4) and

redesignated former par. (4) as (5). Former par. (5) redesignated

(6).

Par. (6). Pub. L. 103-182, Sec. 655(3), (4), redesignated par.

(5) as (6) and substituted ''documented under chapter 121 of title

46 with a Great Lakes endorsement'' for ''enrolled and licensed to

engage in the foreign and coasting trade in the northern,

northeastern, and northwestern frontiers''.

1984 - Par. (3). Pub. L. 98-573 amended par. (3) generally,

inserting provision referring to vessels carrying passengers on

excursion from the United States Virgin Islands to the British

Virgin Islands and returning.

1970 - Pars. (2) to (4). Pub. L. 91-271 substituted references to

appropriate customs officer for references to collector wherever

appearing.

1954 - Par. (3). Act Sept. 1, 1954, exempted undocumented

American pleasure vessels from entry requirements, and provided

that both yachts and undocumented pleasure vessels report to the

collector of customs, within 24 hours after arrival, all articles,

whether dutiable or not, for which a customs entry is required.

1937 - Par. (4). Act Aug. 14, 1937, substituted ''sea stores, or

ship's stores'' for ''or necessary sea stores'' wherever appearing.

1935 - Par. (3). Act. Aug. 5, 1935, inserted ''And not visiting

any hovering vessel, nor having at any time or, if forfeited to the

United States or to a foreign government, at any time after

forfeiture, become liable to seizure and forfeiture for any

violation of the laws of the United States''.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-476, except as otherwise provided,

applicable with respect to goods entered, or withdrawn from

warehouse, for consumption, on or after the 15th day after Nov. 9,

2000, see section 1471 of Pub. L. 106-476, set out as a note under

section 58c of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 applicable with respect to vessels

returning from the British Virgin Islands on or after 15th day

after Oct. 30, 1984, see section 214(a), (c)(1) of Pub. L. 98-573,

set out as a note under section 1304 of this title.

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.

EFFECTIVE DATE OF 1937 AMENDMENT

Section 2 of act Aug. 14, 1937, provided as follows: ''The

amendment made by this Act (amending this section) shall take

effect on the day following the date of its enactment (Aug. 14,

1937).''

-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.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1448 of this title.

-CITE-

19 USC Sec. 1442 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1442. Residue cargo

-STATUTE-

Any vessel having on board merchandise shown by the manifest to

be destined to a foreign port or place may, after the report and

entry of such vessel under the provisions of this chapter, proceed

to such foreign port of destination with the cargo so destined

therefor, without unlading the same and without the payment of duty

thereon. Any vessel arriving from a foreign port or place having

on board merchandise shown by the manifest to be destined to a port

or ports in the United States other than the port of entry at which

such vessel first arrived and made entry may proceed with such

merchandise from port to port or from district to district for the

unlading thereof.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 442, 46 Stat. 713.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

R.S. Sec. 2776 (as amended by act June 26, 1884, ch. 121, Sec. 29,

23 Stat. 59), 2777-2779, 2782, and 2783, all of which were

superseded by act Sept. 21, 1922, ch. 356, title IV, Sec. 442, 42

Stat. 952, and were repealed by section 642 thereof. Section 442

of the 1922 act was superseded by section 442 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Provisions authorizing the Secretary of the Treasury to require

bonds in cases of vessels carrying goods destined for ports other

than port of entry were contained in the 1922 act and prior acts.

These provisions were omitted from this section. General

provisions authorizing the Secretary to require bonds where not

specifically required are contained in section 1623 of this title.

Special provisions concerning Astoria and Portland were contained

in R.S. Sec. 2588 and 2590, prior to repeal by section 642 of the

act of Sept. 21, 1922, ch. 356.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1449 of this title.

-CITE-

19 USC Sec. 1443 to 1445 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1443 to 1445. Repealed. Pub. L. 103-182, title VI, Sec.

690(b)(6), Dec. 8, 1993, 107 Stat. 2223

-MISC1-

Section 1443, acts June 17, 1930, ch. 497, title IV, Sec. 443, 46

Stat. 713; June 2, 1970, Pub. L. 91-271, title III, Sec. 301(b), 84

Stat. 287, related to manifests and permits for merchandise

arriving for delivery in different districts or ports of entry.

Section 1444, acts June 17, 1930, ch. 497, title IV, Sec. 444, 46

Stat. 713; June 2, 1970, Pub. L. 91-271, title III, Sec. 301(b), 84

Stat. 287, required master to report his arrival at another port to

a customs officer within twenty-four hours and to produce copies of

permit and manifest.

Section 1445, acts June 17, 1930, ch. 497, title IV, Sec. 445, 46

Stat. 713; June 2, 1970, Pub. L. 91-271, title III, Sec. 301(b), 84

Stat. 287, set forth penalties for failure of master to obtain or

produce permit or manifest.

-CITE-

19 USC Sec. 1446 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1446. Supplies and stores retained on board

-STATUTE-

Vessels arriving in the United States from foreign ports may

retain on board, without the payment of duty, all coal and other

fuel supplies, ships' stores, sea stores, and the legitimate

equipment of such vessels. Any such supplies, ships' stores, sea

stores, or equipment landed and delivered from such vessel shall be

considered and treated as imported merchandise: Provided, That

bunker coal, bunker oil, ships' stores, sea stores, or the

legitimate equipment of vessels belonging to regular lines plying

between foreign ports and the United States, which are delayed in

port for any cause, may be transferred under a permit by the

appropriate customs officer and under customs supervision from the

vessel so delayed to another vessel of the same line and owner, and

engaged in the foreign trade, without the payment of duty thereon.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 446, 46 Stat. 713; Pub. L.

91-271, title III, Sec. 301(b), June 2, 1970, 84 Stat. 287.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 446, 42 Stat. 953. That

section was superseded by section 446 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Provisions similar to those in the last sentence of this section

concerning sea stores and equipment, were contained in R.S. Sec.

2797, as amended by act Mar. 3, 1897, ch. 389, Sec. 17, 29 Stat.

691. A provision that steam vessels might retain coal on board

without being required to land it or pay duty was contained in R.S.

Sec. 2798. Provision for collection of duty on excessive quantities

of sea stores was made by R.S. Sec. 2796. All of these sections

were repealed by act Sept. 21, 1922, ch. 356, title IV, Sec. 642,

42 Stat. 989.

AMENDMENTS

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

customs officer for reference to 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.

-CITE-

19 USC Sec. 1447 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1447. Place of entry and unlading

-STATUTE-

It shall be unlawful to make entry of any vessel or to unlade the

cargo or any part thereof of any vessel elsewhere than at a port of

entry: Provided, That upon good cause therefor being shown, the

Commissioner of Customs may permit entry of any vessel to be made

at a place other than a port of entry designated by him, under such

conditions as he shall prescribe: And provided further, That any

vessel laden with merchandise in bulk may proceed after entry of

such vessel to any place designated by the Secretary of the

Treasury for the purpose of unlading such cargo, under the

supervision of customs officers if the Customs Service considers

the same necessary, and in such case the compensation and expenses

of such officers shall be reimbursed to the Government by the party

in interest.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 447, 46 Stat. 714; 1946

Reorg. Plan No. 3, Sec. 101-104, eff. July 16, 1946, 11 F.R. 7875,

60 Stat. 1097; Pub. L. 91-271, title III, Sec. 301(b), June 2,

1970, 84 Stat. 287; Pub. L. 103-182, title VI, Sec. 649(a), Dec. 8,

1993, 107 Stat. 2208.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 447, 42 Stat. 953. That

section was superseded by section 447 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Provisions concerning the place of entry and unlading of foreign

vessels and vessels from foreign ports were contained in R.S. Sec.

2770 and 2771, prior to repeal by act Sept. 21, 1922, ch. 356,

title IV, Sec. 642, 42 Stat. 989.

Special provisions concerning the place of lading and unlading

vessels laden with the products of Canada, New Brunswick, Nova

Scotia, Newfoundland and Prince Edward Island were contained in

R.S. Sec. 3129, prior to repeal by section 642 of the 1922 act.

R.S. Sec. 2897 authorized Secretary of the Treasury, under

regulations by him prescribed, to permit unloading of salt,

imported from foreign places, on right bank of Mississippi River,

opposite New Orleans, at any point on said bank between upper and

lower corporate limits of said city, prior to repeal by act Mar. 3,

1897, ch. 389, Sec. 16, 29 Stat. 691.

AMENDMENTS

1993 - Pub. L. 103-182 substituted ''the Customs Service

considers'' for ''the appropriate customs officer shall consider''.

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

customs officer for reference to 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

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 such 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 personnel, referred to in text, were under Department of

the Treasury.

''Commissioner of Customs'' substituted in text for ''Secretary

of Commerce'' on authority of Reorg. Plan No. 3 of 1946, set out in

the Appendix to Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1449 of this title.

-CITE-

19 USC Sec. 1448 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1448. Unlading

-STATUTE-

(a) Permits and preliminary entries

Except as provided in section 1441 of this title (relating to

vessels not required to enter or clear), no merchandise,

passengers, or baggage shall be unladen from any vessel required to

make entry under section 1434 of this title, or vehicle required to

report arrival under section 1433 of this title, until entry of

such vessel or report of the arrival of such vehicle has been made

and a permit for the unlading of the same issued or transmitted

pursuant to an electronic data interchange system by the Customs

Service. After the entry of any vessel or report of the arrival of

any vehicle, the Customs Service may issue a permit, electronically

pursuant to an authorized electronic data interchange system or

otherwise, to the master of the vessel, or to the person in charge

of the vehicle, to unlade merchandise or baggage, but except as

provided in subdivision (b) of this section merchandise or baggage

so unladen shall be retained at the place of unlading until entry

therefor is made and a permit for its delivery granted, and the

owners of the vessel or vehicle from which any imported merchandise

is unladen prior to entry of such merchandise shall be liable for

the payment of the duties accruing on any part thereof that may be

removed from the place of unlading without a permit therefor having

been issued. The owner or master of any vessel or vehicle, or

agent thereof, shall notify the Customs Service of any merchandise

or baggage so unladen for which entry is not made within the time

prescribed by law or regulation. The Secretary shall by regulation

prescribe administrative penalties not to exceed $1,000 for each

bill of lading for which notice is not given. Any such

administrative penalty shall be subject to mitigation and

remittance under section 1618 of this title. Such unentered

merchandise or baggage shall be the responsibility of the master or

person in charge of the importing vessel or vehicle, or agent

thereof, until it is removed from the carrier's control in

accordance with section 1490 of this title.

(b) Special delivery permit

The Secretary of the Treasury is authorized to provide by

regulations for the issuing of special permits for delivery, prior

to formal entry therefor, of perishable articles and other

articles, the immediate delivery of which is necessary.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 448, 46 Stat. 714; Pub. L.

91-271, title III, Sec. 301(e), June 2, 1970, 84 Stat. 288; Pub. L.

103-182, title VI, Sec. 656, Dec. 8, 1993, 107 Stat. 2211.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 448, 42 Stat. 953. That

section was superseded by section 448 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Provisions similar to those in this section concerning

preliminary entries, and a further provision that on making such

entry lading might proceed by both day and night, were contained in

act Feb. 13, 1911, ch. 46, Sec. 2, 36 Stat. 900, prior to repeal by

act Sept. 21, 1922, ch. 356, title IV, Sec. 643, 42 Stat. 989.

Provisions for the estimation of duties, and the issuance of

permits for delivery of merchandise, and provisions prescribing the

contents of such permits, were contained in R.S. Sec. 2869, (as

amended by act June 5, 1894, ch. 92, Sec. 2, 28 Stat. 86) and Sec.

2870, prior to repeal by act Sept. 21, 1922, ch. 356, title IV,

Sec. 642, 42 Stat. 989.

Provisions as to the removal of merchandise brought in any vessel

from a foreign port or place, from the wharf or place where it

might be landed or put, before it had been weighed, gauged,

measured, etc., were contained in R.S. Sec. 2882, prior to repeal

by act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42 Stat. 989.

AMENDMENTS

1993 - Pub. L. 103-182 in first sentence, substituted ''enter or

clear)'' for ''enter)'' and ''required to make entry under section

1434 of this title, or vehicle required to report arrival under

section 1433 of this title,'' for ''or vehicle arriving from a

foreign port or place'', inserted ''or transmitted pursuant to an

electronic data interchange system'' after ''issued'', and

substituted ''the Customs Service.'' for ''the appropriate customs

officer: Provided, That the master may make a preliminary entry of

a vessel by making oath or affirmation to the truth of the

statements contained in the vessel's manifest and delivering the

manifest to the customs officer who boards such vessel, but the

making of such preliminary entry shall not excuse the master from

making formal entry of his vessel at the customhouse, as provided

by this chapter.'', in second sentence, struck out '', preliminary

or otherwise,'' after ''After the entry'', substituted ''the

Customs Service'' for ''such customs officer'', and inserted '',

electronically pursuant to an authorized electronic data

interchange system or otherwise,'' after ''may issue a permit'',

and substituted last four sentences for former last sentence which

read as follows: ''Any merchandise or baggage so unladen from any

vessel or vehicle for which entry is not made within forty-eight

hours exclusive of Sunday and holidays from the time of the entry

of the vessel or report of the vehicle, unless a longer time is

granted by such customs officer, as provided in section 1484 of

this title, shall be sent to a bonded warehouse or the public

stores and held as unclaimed at the risk and expense of the

consignee in the case of merchandise and of the owner in the case

of baggage, until entry thereof is made.''

1970 - Subsec. (a). Pub. L. 91-271 substituted references to

appropriate customs officer or such customs officer for references

to collector wherever appearing.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-CITE-

19 USC Sec. 1449 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1449. Unlading at port of entry

-STATUTE-

Except as provided in sections 1442 and 1447 of this title

(relating to residue cargo and to bulk cargo respectively),

merchandise and baggage imported in any vessel by sea shall be

unladen at the port of entry to which such vessel is destined,

unless (1) such vessel is compelled by any cause to put into

another port of entry, and the Customs Service issues a permit for

the unlading of such merchandise or baggage at such port, or (2)

the Secretary of the Treasury, because of an emergency existing at

the port of destination, authorizes such vessel to proceed to

another port of entry. Merchandise and baggage so unladen may be

entered in the same manner as other imported merchandise or baggage

and may be treated as unclaimed merchandise or baggage and stored

at the expense and risk of the owner thereof, or may be reladen

without entry upon the vessel from which it was unladen for

transportation to its destination.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 449, 46 Stat. 714; Pub. L.

91-271, title III, Sec. 301(b), June 2, 1970, 84 Stat. 287; Pub. L.

103-182, title VI, Sec. 649(b), Dec. 8, 1993, 107 Stat. 2208.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 449, 42 Stat. 954. That

section was superseded by section 449 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Provisions concerning protests and reports by vessels compelled

by distress of weather or other necessity to put into a port of the

United States; permits for the unlading thereof; the storage of the

goods; the disposal of perishable goods; variances between the

report, and the delivery of the cargo, and the reloading of such

vessels, and a special provision for Spanish vessels arriving in

distress, were contained in R.S. Sec. 2891-2895. Provisions for

report and entry of vessels prevented by ice from getting to the

port or place at which her cargo was intended to be delivered, and

for the unlading or landing of the cargo, were contained in R.S.

Sec. 2896. All of these sections were repealed by act Sept. 21,

1922, ch. 356, title IV, Sec. 642, 42 Stat. 989.

AMENDMENTS

1993 - Pub. L. 103-182 substituted ''Customs Service issues a

permit for the unlading of such merchandise or baggage at such

port,'' for ''appropriate customs officer of such port issues a

permit for the unlading of such merchandise or baggage,''.

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

customs officers for reference to 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

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. 1450 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1450. Unlading on Sundays, holidays, or during overtime hours

-STATUTE-

No merchandise, baggage, or passengers arriving in the United

States from any foreign port or place, and no bonded merchandise or

baggage being transported from one port to another, shall be

unladen from the carrying aircraft, vessel or vehicle on Sunday, a

holiday, or during overtime hours, except under special license

granted by the appropriate customs officer under such regulations

as the Secretary of the Treasury may prescribe.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 450, 46 Stat. 715; Pub. L.

91-271, title III, Sec. 301(b), June 2, 1970, 84 Stat. 287; Pub. L.

103-66, title XIII, Sec. 13811(b)(2), Aug. 10, 1993, 107 Stat.

670.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

R.S. Sec. 2872, as amended by the act of June 26, 1884, ch. 121,

Sec. 25, 23 Stat. 59, which was superseded by act Sept. 21, 1922,

ch. 356, title IV, Sec. 450, 42 Stat. 954, and was repealed by

section 642 thereof. Section 450 of the 1922 act was superseded by

section 450 of act June 17, 1930, comprising this section, and

repealed by section 651(a)(1) of the 1930 act.

R.S. Sec. 2871 providing for the granting of a special license to

unlade at night, and the amendment thereof by act June 30, 1906,

ch. 3909, 34 Stat. 633, were repealed by section 6 of act Feb. 13,

1911, ch. 46, and provision for the grant of a special license to

lade or unlade at night, and the grant of permits for immediate

lading and unlading of vessels admitted to preliminary entry, etc.,

was made, in sections 1 and 4 of that act, which were repealed by

section 643 of the act of Sept. 21, 1922, ch. 356.

A special provision on the subject matter of this section for the

northern, northeastern and northwestern frontiers was contained in

R.S. Sec. 3120, as amended by act Feb. 27, 1877, ch. 69, Sec. 1, 19

Stat. 248, prior to repeal by section 642 of the act of Sept. 21,

1922, ch. 356.

AMENDMENTS

1993 - Pub. L. 103-66 in section catchline substituted ''during

overtime hours'' for ''at night'', and in text substituted ''during

overtime hours'' for ''at night'' and inserted ''aircraft,'' before

''vessel''.

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

customs officer for reference to collector.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-66 applicable to customs inspectional

services provided on or after Jan. 1, 1994, see section 13811(c) of

Pub. L. 103-66, set out as a note under section 267 of this title.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1451 of this title; title

5 section 5549.

-CITE-

19 USC Sec. 1451 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1451. Extra compensation

-STATUTE-

Before any such special license to unlade shall be granted, the

master, owner, or agent of such vessel or vehicle, or the person in

charge of such vehicle, shall be required to deposit sufficient

money to pay, or to give a bond in an amount to be fixed by the

Secretary conditioned to pay, the compensation and expenses of the

customs officers and employees assigned to duty in connection with

such unlading at night or on Sunday or a holiday, in accordance

with the provisions of section 267 of this title. In lieu of such

deposit or bond the owner or agent of any vessel or vehicle or line

of vessels or vehicles may execute a bond in an amount to be fixed

by the Secretary of the Treasury to cover and include the issuance

of special licenses for the unlading of such vessels or vehicles

for a period not to exceed one year. Upon a request made by the

owner, master, or person in charge of a vessel or vehicle, or by or

on behalf of a common carrier or by or on behalf of the owner or

consignee of any merchandise or baggage, for overtime services of

customs officers or employees at night or on a Sunday or holiday,

the appropriate customs officer shall assign sufficient customs

officers or employees if available to perform any such services

which may lawfully be performed by them during regular hours of

business, but only if the person requesting such services deposits

sufficient money to pay, or gives a bond in an amount to be fixed

by the (FOOTNOTE 1) such customs officer, conditioned to pay the

compensation and expenses of such customs officers and employees,

who shall be entitled to rates of compensation fixed on the same

basis and payable in the same manner and upon the same terms and

conditions as in the case of customs officers and employees

assigned to duty in connection with lading or unlading at night or

on Sunday or a holiday. Nothing in this section shall be construed

to impair the existing authority of the Treasury Department to

assign customs officers or employees to regular tours of duty at

nights or on Sundays or holidays when such assignments are in the

public interest: Provided, That the provisions of this section,

sections 1450 and 1452 of this title, and the provisions of section

267 of this title insofar as such section 267 of this title

requires payment of compensation by the master, owner, agent, or

consignee of a vessel or conveyance, shall not apply to the owner,

operator, or agent of a highway vehicle, bridge, tunnel, or ferry,

between the United States and Canada or between the United States

and Mexico, nor to the lading or unlading of merchandise, baggage,

or persons arriving in or departing from the United States by motor

vehicle, trolley car, on foot, or by other means of highway travel

upon, over, or through any highway, bridge, tunnel, or ferry. At

ports of entry and customs stations where any merchandise, baggage,

or persons shall arrive in or depart from the United States by

motor vehicle, trolley car, on foot, or by other means of highway

travel upon, over, or through any highway, bridge, tunnel, or

ferry, between the United States and Canada or between the United

States and Mexico, the appropriate customs officer, under such

regulations as the Secretary of the Treasury may prescribe, shall

assign customs officers and employees to duty at such times during

the twenty-four hours of each day, including Sundays and holidays,

as the Secretary of the Treasury in his discretion may determine to

be necessary to facilitate the inspection and passage of such

merchandise, baggage, or persons. Officers and employees assigned

to such duty at night or on Sunday or a holiday shall be paid

compensation in accordance with existing law as interpreted by the

United States Supreme Court in the case of the United States v.

Howard C. Myers (320 U.S. 561); but all compensation payable to

such customs officers and employees shall be paid by the United

States without requiring any license, bond, obligation, financial

undertaking, or payment in connection therewith on the part of any

owner, operator, or agent of any such highway vehicle, bridge,

tunnel, or ferry, or other person. As used in this section, the

term ''ferry'' shall mean a passenger service operated with the use

of vessels which arrive in the United States on regular schedules

at intervals of at least once each hour during any period in which

customs service is to be furnished without reimbursement as above

provided.

(FOOTNOTE 1) So in original. The word ''the'' probably should

not appear.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 451, 46 Stat. 715; June 25,

1938, ch. 679, Sec. 9, 52 Stat. 1082; June 3, 1944, ch. 233, Sec.

1, 58 Stat. 269; Sept. 1, 1954, ch. 1213, title V, Sec. 503, 68

Stat. 1141; Pub. L. 91-271, title III, Sec. 301(f), June 2, 1970,

84 Stat. 288.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section, but applying also to

the issuance of a permit for immediate lading or unlading after

preliminary entry, were contained in act Feb. 13, 1911, ch. 46,

Sec. 3, 36 Stat. 900, which was superseded in part by act Sept. 21,

1922, ch. 356, title IV, Sec. 451, 42 Stat. 954, and was repealed

by section 643 thereof. Section 451 of the 1922 act was superseded

by section 451 of act June 17, 1930, comprising this section, and

repealed by section 651(a)(1) of the 1930 act.

AMENDMENTS

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

customs officer or such customs officer for references to collector

wherever appearing.

1954 - Act Sept. 1, 1954, permitted the deposit of sufficient

money to cover costs of night, Sunday, or holiday service in lieu

of filing of bond.

1944 - Act June 3, 1944, inserted proviso.

1938 - Act June 25, 1938, amended third sentence generally.

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.

EFFECTIVE DATE OF 1938 AMENDMENT

Amendment by act June 25, 1938, effective on thirtieth day

following June 25, 1938, except as otherwise specifically provided,

see section 37 of act June 25, 1938, set out as a note under

section 1401 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 58c of this title; title 5

section 5549; title 49 section 80503.

-CITE-

19 USC Sec. 1451a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1451a. Repealed. Pub. L. 103-66, title XIII, Sec. 13811(b)(1),

Aug. 10, 1993, 107 Stat. 670

-MISC1-

Section, act June 3, 1944, ch. 233, Sec. 2, 58 Stat. 270,

provided that certain extra compensation of customs officers and

employees assigned to performance of inspectional services in

connection with traffic over highways, toll bridges, etc. on

Sundays or holidays prior to June 3, 1944, was to be payable by the

U.S. without reimbursement by the applicant for such services and

that any reimbursement which had accrued and been collected since

Jan. 6, 1941, was to be refunded.

EFFECTIVE DATE OF REPEAL

Repeal applicable to customs inspectional services provided on or

after Jan. 1, 1994, see section 13811(c) of Pub. L. 103-66, set out

as an Effective Date of 1993 Amendment note under section 267 of

this title.

-CITE-

19 USC Sec. 1452 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1452. Lading on Sundays, holidays, or at night

-STATUTE-

No merchandise or baggage entered for transportation under bond

or for exportation with the benefit of drawback, or other

merchandise or baggage required to be laden under customs

supervision, shall be laden on any vessel or vehicle at night or on

Sunday or a holiday, except under special license therefor to be

issued by the appropriate customs officer under the same conditions

and limitations as pertain to the unlading of imported merchandise

or merchandise being transported in bond.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 452, 46 Stat. 715; Pub. L.

91-271, title III, Sec. 301(b), June 2, 1970, 84 Stat. 287.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 452, 42 Stat. 955. That

section was superseded by section 452 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

AMENDMENTS

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

customs officer for reference to 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1451 of this title; title

5 section 5549.

-CITE-

19 USC Sec. 1453 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1453. Lading and unlading of merchandise or baggage; penalties

-STATUTE-

If any merchandise or baggage is laden on, or unladen from, any

vessel or vehicle without a special license or permit therefor

issued by the appropriate customs officer, the master of such

vessel or the person in charge of such vehicle and every other

person who knowingly is concerned, or who aids therein, or in

removing or otherwise securing such merchandise or baggage, shall

each be liable to a penalty equal to the value of the merchandise

or baggage so laden or unladen, and such merchandise or baggage

shall be subject to forfeiture, and if the value thereof is $500 or

more, the vessel or vehicle on or from which the same shall be

laden or unladen shall be subject to forfeiture.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 453, 46 Stat. 716; Pub. L.

91-271, title III, Sec. 301(b), June 2, 1970, 84 Stat. 287.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 453, 42 Stat. 955. That

section was superseded by section 453 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Provisions imposing penalties and forfeitures for violation of

R.S. Sec. 2872, which required a special license for unloading or

delivering merchandise otherwise than in open day, were contained

in R.S. Sec. 2873 and 2874, prior to repeal by act Sept. 21, 1922,

ch. 356, title IV, Sec. 642, 42 Stat. 989.

AMENDMENTS

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

customs officer for reference to 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.

-CITE-

19 USC Sec. 1454 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1454. Unlading of passengers; penalty

-STATUTE-

If any passenger is unladen from any vessel or vehicle without a

special license or permit therefor issued by the appropriate

customs officer, the master of such vessel or the person in charge

of such vehicle and every other person who knowingly is concerned,

or who aids therein, shall each be liable to a penalty of $1,000

for the first passenger and $500 for each additional such passenger

so unladen.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 454, 46 Stat. 716; Pub. L.

91-271, title III, Sec. 301(b), June 2, 1970, 84 Stat. 287; Pub. L.

99-570, title III, Sec. 3114, Oct. 27, 1986, 100 Stat. 3207-82.)

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-570 substituted ''$1,000 for the first

passenger and $500 for each additional such passenger'' for ''$500

for each such passenger''.

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

customs officer for reference to 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.

-CITE-

19 USC Sec. 1455 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1455. Boarding and discharging inspectors

-STATUTE-

The appropriate customs officer for the district in which any

vessel or vehicle arrives from a foreign port or place may put on

board of such vessel or vehicle while within such district, and if

necessary while going from one district to another, one or more

inspectors or other customs officers to examine the cargo and

contents of such vessel or vehicle and superintend the unlading

thereof, and to perform such other duties as may be required by law

or the customs regulations for the protection of the revenue. Such

inspector or other customs officer may, if he shall deem the same

necessary for the protection of the revenue, secure the hatches or

other communications or outlets of such vessel or vehicle with

customs seals or other proper fastenings while such vessel is not

in the act of unlading and such fastenings shall not be removed

without permission of the inspector or other customs officer. Such

inspector or other customs officer may require any vessel or

vehicle to discontinue or suspend unlading during the continuance

of unfavorable weather or any conditions rendering the discharge of

cargo dangerous or detrimental to the revenue. Any officer, owner,

agent of the owner, or member of the crew of any such vessel who

obstructs or hinders any such inspector or other customs officer in

the performance of his duties, shall be liable to a penalty of not

more than $500.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 455, 46 Stat. 716; Pub. L.

91-271, title III, Sec. 301(b), June 2, 1970, 84 Stat. 287.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 454, 42 Stat. 955. That

section was superseded by section 455 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Provisions on the subject matter of this section were contained

in R.S. Sec. 2834 (as amended by act Mar. 3, 1897, ch. 389, Sec.

15, 29 Stat. 691), 2875, and 3070; and special provisions for

particular ports in sections 2588, 2590 and 2832. Provisions as to

the duties of inspectors, the records to be kept and returns to be

made by them and the comparison of their returns with the manifests

and entries, were contained in R.S. Sec. 2876, 2877, 2888 and 2889.

All the foregoing sections were repealed by act Sept. 21, 1922, ch.

356, title IV, Sec. 642, 42 Stat. 989.

AMENDMENTS

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

customs officer for reference to 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.

-CITE-

19 USC Sec. 1456 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1456. Compensation and expenses of inspectors between ports;

reimbursement

-STATUTE-

The compensation of any inspector or other customs officer,

stationed on any vessel or vehicle while proceeding from one port

to another and returning therefrom, shall be reimbursed to the

Government by the master or owner of such vessel, together with the

actual expense of such inspector or customs officer for

subsistence, or in lieu of such expenses such vessel or vehicle may

furnish such inspector or customs officer, the accommodations

usually supplied to passengers.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 456, 46 Stat. 716.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 455, 42 Stat. 955. That

section was superseded by section 456 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Provisions on the subject matter of this section were contained

in R.S. Sec. 2878, and particular provisions for certain ports in

sections 2588 and 2833. Section 2878 contained a further provision

prohibiting inspectors from performing any other duties or service

than what was required by that title. All these sections were

repealed by act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42

Stat. 989.

-CITE-

19 USC Sec. 1457 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1457. Time for unlading

-STATUTE-

Whenever any merchandise remains on board any vessel or vehicle

from a foreign port more than twenty-five days after the date on

which report of said vessel or vehicle was made, the appropriate

customs officer may take possession of such merchandise and cause

the same to be unladen at the expense and risk of the owners

thereof, or may place one or more inspectors or other customs

officers on board of said vessel or vehicle to protect the

revenue. The compensation and expenses of any such inspector or

customs officer for subsistence while on board of such vessel or

vehicle shall be reimbursed to the Government by the owner or

master of such vessel or vehicle.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 457, 46 Stat. 716; Pub. L.

91-271, title III, Sec. 301(b), June 2, 1970, 84 Stat. 287.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

R.S. Sec. 2879, 2880 and 2969 (as amended by act May 9, 1896, ch.

164, 29 Stat. 115), which were superseded by act Sept. 21, 1922,

ch. 356, title IV, Sec. 456, 42 Stat. 955, and were repealed by

section 642 thereof. Section 456 of the 1922 act was superseded by

section 457 of act June 17, 1930, comprising this section, and

repealed by section 651(a)(1) of the 1930 act.

AMENDMENTS

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

customs officer for reference to 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.

-CITE-

19 USC Sec. 1458 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1458. Bulk cargo, time for unlading

-STATUTE-

The limitation of time for unlading shall not extend to vessels

laden exclusively with merchandise in bulk consigned to one

consignee and arriving at a port for orders, but if the master of

such vessel requests a longer time to discharge its cargo, the

compensation of the inspectors or other customs officers whose

services are required in connection with the unlading shall, for

every day consumed in unlading in excess of twenty-five days from

the date of the vessel's entry, be reimbursed by the master or

owner of such vessel.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 458, 46 Stat. 717.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 458, 42 Stat. 956. That

section was superseded by section 458 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Provisions somewhat similar to those in this section, but

applicable only to vessels laden with specified articles, were

contained in R.S. Sec. 2881, as amended by act June 3, 1892, ch.

86, Sec. 2, 27 Stat. 41, prior to repeal by act Sept. 21, 1922, ch.

356, title IV, Sec. 642, 42 Stat. 989.

-CITE-

19 USC Sec. 1459 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1459. Reporting requirements for individuals

-STATUTE-

(a) Individuals arriving other than by conveyance

Except as otherwise authorized by the Secretary, individuals

arriving in the United States other than by vessel, vehicle, or

aircraft shall -

(1) enter the United States only at a border crossing point

designated by the Secretary; and

(2) immediately -

(A) report the arrival, and

(B) present themselves, and all articles accompanying them

for inspection;

to the customs officer at the customs facility designated for

that crossing point.

(b) Individuals arriving by reported conveyance

Except as otherwise authorized by the Secretary, passengers and

crew members aboard a conveyance the arrival in the United States

of which was made or reported in accordance with section 1433 or

1644 of this title or section 1644a(b)(1) or (c)(1) of this title,

or in accordance with applicable regulations, shall remain aboard

the conveyance until authorized to depart the conveyance by the

appropriate customs officer. Upon departing the conveyance, the

passengers and crew members shall immediately report to the

designated customs facility with all articles accompanying them.

(c) Individuals arriving by unreported conveyance

Except as otherwise authorized by the Secretary, individuals

aboard a conveyance the arrival in the United States of which was

not made or reported in accordance with the laws or regulations

referred to in subsection (b) of this section shall immediately

notify a customs officer and report their arrival, together with

appropriate information concerning the conveyance on or in which

they arrived, and present their property for customs examination

and inspection.

(d) Departure from designated customs facilities

Except as otherwise authorized by the Secretary, any person

required to report to a designated customs facility under

subsection (a), (b), or (c) of this section may not depart that

facility until authorized to do so by the appropriate customs

officer.

(e) Unlawful acts

It is unlawful -

(1) to fail to comply with subsection (a), (b), or (c) of this

section;

(2) to present any forged, altered, or false document or paper

to a customs officer under subsection (a), (b), or (c) of this

section without revealing the facts;

(3) to violate subsection (d) of this section; or

(4) to fail to comply with, or violate, any regulation

prescribed to carry out subsection (a), (b), (c), or (d) of this

section.

(f) Civil penalty

Any individual who violates any provision of subsection (e) of

this section is liable for a civil penalty of $5,000 for the first

violation, and $10,000 for each subsequent violation.

(g) Criminal penalty

In addition to being liable for a civil penalty under subsection

(f) of this section, any individual who intentionally violates any

provision of subsection (e) of this section is, upon conviction,

liable for a fine of not more than $5,000, or imprisonment for not

more than 1 year, or both.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 459, 46 Stat. 717; June 25,

1938, ch. 679, Sec. 10(a), 52 Stat. 1082; Pub. L. 99-570, title

III, Sec. 3115(a), Oct. 27, 1986, 100 Stat. 3207-82.)

-COD-

CODIFICATION

In subsec. (b), ''section 1644a(b)(1) or (c)(1) of this title''

substituted for ''section 1109 of the Federal Aviation Act of

1958'' on authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994,

108 Stat. 1378, the first section of which enacted subtitles II,

III, and V to X of Title 49, Transportation.

-MISC3-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 459, 42 Stat. 956. That

section was superseded by section 459 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

R.S. Sec. 3109, as amended by act Feb. 17, 1898, ch. 26, Sec. 4,

30 Stat. 248, was omitted from the Code as superseded by this

section. It read as follows: ''The master of any foreign vessel,

laden or in ballast, arriving, whether by sea or otherwise, in the

waters of the United States from any foreign territory adjacent to

the northern, northeastern, or northwestern frontiers of the United

States, shall report at the office of any collector or deputy

collector of the customs, which shall be nearest to the point at

which such vessel may enter such waters; and such vessel shall not

transfer her cargo or passengers to another vessel or proceed

farther inland, either to unlade or take in cargo, without a

special permit from such collector or deputy collector, issued

under and in accordance with such general or special regulations as

the Secretary of the Treasury may, in his discretion, from time to

time prescribe. This section shall also apply to trade with or

through Alaska. For any violation of this section such vessel shall

be seized and forfeited.''

Provisions concerning the manner of importation, landing and

unlading except in districts on the northern, northwestern and

western boundaries, were contained in R.S. Sec. 3095, as amended by

act April 27, 1904, ch. 1625, Sec. 1, 33 Stat. 362.

Additional provisions concerning importations on the northern and

northwestern boundaries, reports, manifests, entries, etc., were

contained in R.S. Sec. 3096 and 3097.

Provisions for the delivery of a manifest by the master of

vessels, except registered vessels, and the person in charge of

boats, vehicles, etc., coming from any foreign territory adjacent

to the United States, were contained in R.S. Sec. 3098.

R.S. Sec. 3121, provided that the master of any vessel with

cargo, passengers, or baggage from any foreign port, should obtain

a permit and comply with existing laws before discharging or

landing the same.

R.S. Sec. 3128, made special provision for landing of merchandise

imported by steamboat on Lake Champlain.

All of the foregoing sections of the Revised Statutes (3095-3098,

3109, 3121 and 3128) with the exception of R.S. Sec. 3109, were

repealed by act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42

Stat. 989.

AMENDMENTS

1986 - Pub. L. 99-570 amended section generally. Prior to

amendment, section read as follows: ''The master of any vessel of

less than five net tons carrying merchandise and the person in

charge of any vehicle arriving in the United States from contiguous

country, shall immediately report his arrival to the customs

officer at the port of entry or customhouse which shall be nearest

to the place at which such vessel or vehicle shall cross the

boundary line or shall enter the territorial waters of the United

States, and if such vessel or vehicle have on board any

merchandise, shall produce to such customs officer a manifest as

required by law, and no such vessel or vehicle shall proceed

farther inland nor shall discharge or land any merchandise,

passengers, or baggage without receiving a permit therefor from

such customs officer. Any person importing or bringing merchandise

into the United States from a contiguous country otherwise than in

a vessel or vehicle shall immediately report his arrival to the

customs officer at the port of entry or customhouse which shall be

nearest to the place at which he shall cross the boundary line and

shall present such merchandise to such customs officer for

inspection.''

1938 - Act June 25, 1938, substituted provisions requiring any

person importing merchandise from a contiguous country otherwise

than in a vessel to report his arrival at the nearest customshouse

and present such merchandise for inspection for provisions setting

penalties of $100 for for the failure of the master of any vessel

to report its arrival in the United States, forfeiture of vessel

and goods for unlading without a permit, and $500 for the unlading

of any passenger without a permit.

EFFECTIVE DATE OF 1938 AMENDMENT

Amendment by act June 25, 1938, effective on thirtieth day

following June 25, 1938, except as otherwise specifically provided,

see section 37 of act June 25, 1938, set out as a note under

section 1401 of this title.

-CITE-

19 USC Sec. 1460 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1460. Repealed. Pub. L. 99-570, title III, Sec. 3115(b), Oct.

27, 1986, 100 Stat. 3207-83

-MISC1-

Section, acts June 17, 1930, ch. 497, title IV, Sec. 460, 46

Stat. 717; June 25, 1938, ch. 679, Sec. 10(b), 52 Stat. 1082,

related to penalties for failure to report or file manifest.

-CITE-

19 USC Sec. 1461 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1461. Inspection of merchandise and baggage

-STATUTE-

All merchandise and baggage imported or brought in from any

contiguous country, except as otherwise provided by law or by

regulations of the Secretary of the Treasury, shall be unladen in

the presence of and be inspected by a customs officer at the first

port of entry at which the same shall arrive; and such officer may

require the owner, or his agent, or other person having charge or

possession of any trunk, traveling bag, sack, valise, or other

container, or of any closed vehicle, to open the same for

inspection, or to furnish a key or other means for opening the

same.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 461, 46 Stat. 717.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

R.S. Sec. 3100, as amended by act Feb. 18, 1875, ch. 80, Sec. 1, 18

Stat. 319, and act Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 248,

which was superseded by act Sept. 21, 1922, ch. 356, title IV, Sec.

461, 42 Stat. 956, and was repealed by section 642 thereof.

Section 461 of the 1922 act was superseded by section 461 of act

June 17, 1930, comprising this section, and repealed by section

651(a)(1) of the 1930 act.

-CITE-

19 USC Sec. 1462 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1462. Forfeiture

-STATUTE-

If such owner, agent, or other person shall fail to comply with

his demand, the officer shall retain such trunk, traveling bag,

sack, valise, or other container or closed vehicle, and open the

same, and, as soon thereafter as may be practicable, examine the

contents, and if any article subject to duty or any article the

importation of which is prohibited is found therein, the whole

contents and the container or vehicle shall be subject to

forfeiture.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 462, 46 Stat. 718.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

R.S. Sec. 3101, which was superseded by act Sept. 21, 1922, ch.

356, title IV, Sec. 462, 42 Stat. 956, and was repealed by section

642 thereof. Section 462 of the 1922 act was superseded by section

462 of act June 17, 1930, comprising this section, and repealed by

section 651(a)(1) of the 1930 act.

-CITE-

19 USC Sec. 1463 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1463. Sealed vessels and vehicles

-STATUTE-

To avoid unnecessary inspection of merchandise imported from a

contiguous country at the first port of arrival, the master of the

vessel or the person in charge of the vehicle in which such

merchandise is imported may apply to the customs officer of the

United States stationed in the place from which such merchandise is

shipped, and such officer may seal such vessel or vehicle. Any

vessel or vehicle so sealed may proceed with such merchandise to

the port of destination under such regulations as the Secretary of

the Treasury may prescribe.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 463, 46 Stat. 718.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 463, 42 Stat. 957. That

section was superseded by section 463 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Provisions somewhat similar to those in this section, and further

provisions requiring the vessel, car, or vehicle sealed to proceed

without unnecessary delay to the port of destination and be there

inspected, and providing that nothing contained therein should

exempt the vessel, car, or vehicle from examinations to prevent

frauds, were contained in R.S. Sec. 3102, and provisions

authorizing and requiring the Secretary of the Treasury to make

regulations for sealing vessels, cars, etc., were contained in

section 3103, prior to repeal by act Sept. 21, 1922, ch. 356, title

IV, Sec. 642, 42 Stat. 989.

-CITE-

19 USC Sec. 1464 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1464. Penalties in connection with sealed vessels and vehicles

-STATUTE-

If the master of such vessel or the person in charge of any such

vehicle fails to proceed with reasonable promptness to the port of

destination and to deliver such vessel or vehicle to the proper

officers of the customs, or fails to proceed in accordance with

such regulations of the Secretary of the Treasury, or unlades such

merchandise or any part thereof at other than such port of

destination, or disposes of any such merchandise by sale or

otherwise, he shall be guilty of a felony and upon conviction

thereof shall be fined not more than $1,000 or imprisoned for not

more than five years, or both; and any such vessel or vehicle, with

its contents, shall be subject to forfeiture.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 464, 46 Stat. 718.)

-MISC1-

PRIOR PROVISIONS

Provisions somewhat similar to those in this section, with a

further provision for seizure of the vessel, car, or vehicle with

its contents, and a provision that nothing therein should prevent

sales of cargo prior to arrival, to be delivered per manifest and

after due inspection, were contained in R.S. Sec. 3104, which was

superseded in part by act Sept. 21, 1922, ch. 356, title IV, Sec.

464, 42 Stat. 957, and was repealed by section 642 thereof.

Section 464 of the 1922 act was superseded by section 464 of act

June 17, 1930, comprising this section, and repealed by section

651(a)(1) of the 1930 act.

-CITE-

19 USC Sec. 1465 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1465. Repealed. Pub. L. 103-182, title VI, Sec. 690(b)(7),

Dec. 8, 1993, 107 Stat. 2223

-MISC1-

Section, act June 17, 1930, ch. 497, title IV, Sec. 465, 46 Stat.

718, required master of any vessel engaged in certain foreign and

coasting trade and conductor of any railway car to file, upon

arrival from foreign contiguous country, a list of all supplies or

other merchandise purchased in such foreign country.

-CITE-

19 USC Sec. 1466 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1466. Equipment and repairs of vessels

-STATUTE-

(a) Vessels subject to duty; penalties

The equipments, or any part thereof, including boats, purchased

for, or the repair parts or materials to be used, or the expenses

of repairs made in a foreign country upon a vessel documented under

the laws of the United States to engage in the foreign or coasting

trade, or a vessel intended to be employed in such trade, shall, on

the first arrival of such vessel in any port of the United States,

be liable to entry and the payment of an ad valorem duty of 50 per

centum on the cost thereof in such foreign country. If the owner

or master willfully or knowingly neglects or fails to report, make

entry, and pay duties as herein required, or if he makes any false

statement in respect of such purchases or repairs without

reasonable cause to believe the truth of such statements, or aids

or procures the making of any false statement as to any matter

material thereto without reasonable cause to believe the truth of

such statement, such vessel, or a monetary amount up to the value

thereof as determined by the Secretary, to be recovered from the

owner, shall be subject to seizure and forfeiture. For the

purposes of this section, compensation paid to members of the

regular crew of such vessel in connection with the installation of

any such equipments or any part thereof, or the making of repairs,

in a foreign country, shall not be included in the cost of such

equipment or part thereof, or of such repairs.

(b) Notice

If the appropriate customs officer has reasonable cause to

believe a violation has occurred and determines that further

proceedings are warranted, he shall issue to the person concerned a

written notice of his intention to issue a penalty claim. Such

notice shall -

(1) describe the circumstances of the alleged violation;

(2) specify all laws and regulations allegedly violated;

(3) disclose all the material facts which establish the alleged

violation;

(4) state the estimated loss of lawful duties, if any, and

taking into account all of the circumstances, the amount of the

proposed penalty; and

(5) inform such person that he shall have a reasonable

opportunity to make representations, both oral and written, as to

why such penalty claim should not be issued.

(c) Violation

After considering representations, if any, made by the person

concerned pursuant to the notice issued under subsection (b) of

this section, the appropriate customs officer shall determine

whether any violation of subsection (a) of this section, as alleged

in the notice, has occurred. If such officer determines that there

was no violation, he shall promptly notify, in writing, the person

to whom the notice was sent. If such officer determines that there

was a violation, he shall issue a written penalty claim to such

person. The written penalty claim shall specify all changes in the

information provided under paragraphs (1) through (4) of subsection

(b) of this section.

(d) Remission for necessary repairs

If the owner or master of such vessel furnishes good and

sufficient evidence that -

(1) such vessel, while in the regular course of her voyage, was

compelled, by stress of weather or other casualty, to put into

such foreign port and purchase such equipments, or make such

repairs, to secure the safety and seaworthiness of the vessel to

enable her to reach her port of destination;

(2) such equipments or parts thereof or repair parts or

materials, were manufactured or produced in the United States,

and the labor necessary to install such equipments or to make

such repairs was performed by residents of the United States, or

by members of the regular crew of such vessel; or

(3) such equipments, or parts thereof, or materials, or labor,

were used as dunnage for cargo, or for the packing or shoring

thereof, or in the erection of temporary bulkheads or other

similar devices for the control of bulk cargo, or in the

preparation (without permanent repair or alteration) of tanks for

the carriage of liquid cargo;

then the Secretary of the Treasury is authorized to remit or refund

such duties, and such vessel shall not be liable to forfeiture, and

no license or enrollment and license, or renewal of either, shall

hereafter be issued to any such vessel until the collector to whom

application is made for the same shall be satisfied, from the oath

of the owner or master, that all such equipments or parts thereof

or materials and repairs made within the year immediately preceding

such application have been duly accounted for under the provisions

of this section, and the duties accruing thereon duly paid; and if

such owner or master shall refuse to take such oath, or take it

falsely, the vessel shall be seized and forfeited.

(e) Exclusions for arrivals two or more years after last departure

(1) In the case of any vessel referred to in subsection (a) of

this section that arrives in a port of the United States two years

or more after its last departure from a port in the United States,

the duties imposed by this section shall apply only with respect to

-

(A) fish nets and netting, and

(B) other equipments and parts thereof, repair parts and

materials purchased, or repairs made, during the first six months

after the last departure of such vessel from a port of the United

States.

(2) If such vessel is designed and used primarily for

transporting passengers or property, paragraph (1) shall not apply

if the vessel departed from the United States for the sole purpose

of obtaining such equipments, parts, materials, or repairs.

(f) Civil aircraft exception

The duty imposed under subsection (a) of this section shall not

apply to the cost of equipments, or any part thereof, purchased, of

repair parts or materials used, or of repairs made in a foreign

country with respect to a United States civil aircraft, within the

meaning of general note 3(c)(iv) of the Harmonized Tariff Schedule

of the United States.

(g) Fish net and netting purchases and repairs

The duty imposed by subsection (a) of this section shall not

apply to entries on and after October 1, 1979, and before January

1, 1982, of -

(1) tuna purse seine nets and netting which are equipments or

parts thereof,

(2) repair parts for such nets and netting, or materials used

in repairing such nets and netting, or

(3) the expenses of repairs of such nets and netting,

for any United States documented tuna purse seine vessel of greater

than 500 tons carrying capacity or any United States tuna purse

seine vessel required to carry a certificate of inclusion under the

general permit issued to the American Tunaboat Association pursuant

to section 1374 of title 16.

(h) Foreign repair of vessels

The duty imposed by subsection (a) of this section shall not

apply to -

(1) the cost of any equipment, or any part of equipment,

purchased for, or the repair parts or materials to be used, or

the expense of repairs made in a foreign country with respect to,

LASH (Lighter Aboard Ship) barges documented under the laws of

the United States and utilized as cargo containers,

(2) the cost of spare repair parts or materials (other than

nets or nettings) which the owner or master of the vessel

certifies are intended for use aboard a cargo vessel, documented

under the laws of the United States and engaged in the foreign or

coasting trade, for installation or use on such vessel, as

needed, in the United States, at sea, or in a foreign country,

but only if duty is paid under appropriate commodity

classifications of the Harmonized Tariff Schedule of the United

States upon first entry into the United States of each such spare

part purchased in, or imported from, a foreign country, or

(3) the cost of spare parts necessarily installed before the

first entry into the United States, but only if duty is paid

under appropriate commodity classifications of the Harmonized

Tariff Schedule of the United States upon first entry into the

United States of each such spare part purchased in, or imported

from, a foreign country.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 466, 46 Stat. 719; Pub. L.

91-654, Sec. 1, Jan. 5, 1971, 84 Stat. 1944; Pub. L. 95-410, title

II, Sec. 206, Oct. 3, 1978, 92 Stat. 900; Pub. L. 96-39, title VI,

Sec. 601(a)(3), July 26, 1979, 93 Stat. 268; Pub. L. 96-467, Sec.

14(a)(3)(B), Oct. 17, 1980, 94 Stat. 2225; Pub. L. 96-609, title I,

Sec. 115(a), Dec. 28, 1980, 94 Stat. 3558; Pub. L. 98-573, title

II, Sec. 208, Oct. 30, 1984, 98 Stat. 2976; Pub. L. 100-418, title

I, Sec. 1214(h)(4), Aug. 23, 1988, 102 Stat. 1157; Pub. L. 101-382,

title III, Sec. 484E(a), Aug. 20, 1990, 104 Stat. 709; Pub. L.

103-465, title I, Sec. 112(b), Dec. 8, 1994, 108 Stat. 4825.)

-REFTEXT-

REFERENCES IN TEXT

The Harmonized Tariff Schedule of the United States, referred to

in subsecs. (f) and (h)(2), (3), is not set out in the Code. See

Publication of Harmonized Tariff Schedule note set out under

section 1202 of this title.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in subsecs. (a) and (b) of this

section were contained respectively in R.S. Sec. 3114 and 3115, as

amended, which were formerly classified to sections 257 and 258 of

this title prior to repeal by section 3 of Pub. L. 91-654.

AMENDMENTS

1994 - Subsec. (h)(3). Pub. L. 103-465 added par. (3).

1990 - Subsec. (h). Pub. L. 101-382 added subsec. (h).

1988 - Subsec. (f). Pub. L. 100-418 substituted ''general note

3(c)(iv) of the Harmonized Tariff Schedule of the United States''

for ''headnote 3 to schedule 6, part 6, subpart C of the Tariff

Schedules of the United States''.

1984 - Subsec. (e). Pub. L. 98-573 designated existing provisions

as par. (1), in par. (1) as so designated substituted reference to

any vessel referred to in subsec. (a) for reference to any vessel

designed and used primarily for purposes other than transporting

passengers or property in the foreign or coasting trade,

redesignated former cls. (1) and (2) as subpars. (A) and (B),

respectively, and added par. (2).

1980 - Subsec. (f). Pub. L. 96-467 substituted ''of equipments,

or any part thereof, purchased, of repair parts or materials used,

or of repairs made in a foreign country with respect to'' for ''of

repair parts, materials, or expenses of repairs in a foreign

country upon'' and ''schedule 6'' for ''Schedule 6''.

Subsec. (g). Pub. L. 96-609 added subsec. (g).

1979 - Subsec. (f). Pub. L. 96-39 added subsec. (f).

1978 - Subsec. (a). Pub. L. 95-410, Sec. 206(1), incorporated

seizure and forfeiture provision formerly a part of first sentence

in an inserted second sentence; substituted therein ''willfully or

knowingly'' for ''willfully and knowingly'' and ''such vessel, or a

monetary amount up to the value thereof as determined by the

Secretary, to be recovered from the owner, shall be subject to

seizure and forfeiture'' for ''such vessel, with her tackle,

apparel, and furniture, shall be seized and forfeited''; and

authorized the seizure and forfeiture for making false statements

in respect of purchases or repairs or aiding or procuring the

making of false statements.

Subsecs. (b) to (e). Pub. L. 95-410, Sec. 206(2), added subsecs.

(b) and (c) and redesignated former subsecs. (b) and (c) as (d) and

(e), respectively.

1971 - Subsec. (c). Pub. L. 91-654 added subsec. (c).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective on the date on which the

WTO Agreement enters into force with respect to the United States

(Jan. 1, 1995), see section 116(a) of Pub. L. 103-465, set out as

an Effective Date note under section 3521 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 484E(b), (c) of Pub. L. 101-382, as amended by Pub. L.

103-465, title I, Sec. 112(a), Dec. 8, 1994, 108 Stat. 4825; Pub.

L. 104-295, Sec. 27, Oct. 11, 1996, 110 Stat. 3533, provided that:

''(b) Effective Date. - The amendment made by this section

(amending this section) shall apply to -

''(1) any entry made before the date of enactment of this Act

(Aug. 20, 1990) that is not liquidated on the date of enactment

of this Act,

''(2) any entry made -

''(A) on or after the date of enactment of this Act, and

''(B) on or before December 31, 1992,

''(3) any entry listed in subsection (c) that was made during

the period beginning on January 1, 1993, and ending on December

31, 1994, to the extent such entry involves the purchase of

equipment, the use of materials, or the expense of repairs in a

foreign country for 66 LASH (Lighter Aboard Ship) barges

documented under the laws of the United States if -

''(A) such entry was not liquidated on January 1, 1995; and

''(B) such entry, had it been made on or after January 1,

1995, would otherwise be eligible for the exemption provided in

section 466(h)(1) of the Tariff Act of 1930 (19 U.S.C.

1466(h)(1)), and

''(4) any entry made pursuant to section 466(h)(1) or (2) of

the Tariff Act of 1930 (19 U.S.C. 1466(h)(1) or (2)), on or after

the date of the entry into force of the WTO Agreement with

respect to the United States (Jan. 1, 1995).

''(c) Entries. - The entries referred to in subsection (b)(3) are

the following:

''(1) Numbered entries. -

---------------------------------------------------------------------

Entry Number Date of Entry

---------------------------------------------------------------------

C14-0025455-8 August 18, 1993

C14-0025456-6 August 18, 1993

C14-0025457-4 August 18, 1993

C14-0025473-1 August 27, 1993

C14-0025478-0 September 13, 1993

C14-0025479-8 September 13, 1993

C14-0025480-6 September 13, 1993

C14-0025481-4 September 13, 1993

C14-0025511-8 April 16, 1993

C14-0025533-2 April 30, 1993

C14-0025545-6 May 21, 1993

C14-0025546-4 May 21, 1993

C14-0025547-2 May 21, 1993

C14-0025558-9 June 15, 1993

C14-0025560-5 June 15, 1993

C14-0025574-6 July 21, 1993

C14-0025575-3 July 21, 1993

C14-0025603-3 July 23, 1993

C14-0025604-1 July 23, 1993

C14-0025605-8 July 23, 1993

C14-0025623-1 October 25, 1993

C14-0025624-9 October 25, 1993

C14-0025625-6 October 25, 1993

C14-0025635-5 November 8, 1993

C14-0025636-3 November 8, 1993

C14-0025637-1 November 8, 1993

C14-0025653-8 November 30, 1993

C14-0025654-6 November 30, 1993

C14-0025655-3 November 30, 1993

C14-0025657-9 November 30, 1993

C14-0025679-3 January 3, 1994

C14-0025680-1 January 3, 1994

C14-0025688-4 February 14, 1994

C14-0025689-2 February 14, 1994

C14-0025690-0 February 14, 1994

C14-0025691-8 February 14, 1994

C14-0025692-6 February 14, 1994

C14-0026803-8 January 24, 1994

C14-0026804-6 January 24, 1994

C14-0026805-3 January 24, 1994

C14-0026807-9 January 24, 1994

C14-0026808-7 January 24, 1994

C14-0026809-5 January 24, 1994

C14-0026810-3 January 24, 1994

C14-0026811-1 January 24, 1994

C14-0026826-9 March 10, 1994

C14-0026827-7 March 10, 1994

C14-0026828-5 March 10, 1994

C14-0026829-3 March 10, 1994

C14-0026830-1 March 10, 1994

C14-0026831-9 March 10, 1994

C14-0026832-7 March 10, 1994

C14-0026833-5 March 10, 1994

C14-0026841-8 March 31, 1994

C14-0026843-4 March 31, 1994

C14-0026852-5 May 5, 1994

C14-0026853-3 May 5, 1994

C14-0026854-1 May 5, 1994

C14-0026867-3 May 18, 1994

C14-0026869-9 May 18, 1994

C14-0026874-9 June 8, 1994

C14-0026875-6 June 8, 1994

C14-0026898-8 August 2, 1994

C14-0026899-6 August 2, 1994

C14-0040625-7 October 5, 1994.

-------------------------------

''(2) Additional entry. - The entry of a 66th LASH barge (No.

CG E69), for which no entry number is available, if, within 60

days after the date of the enactment of this subsection (Oct. 11,

1996), a proper entry is filed with the Customs Service.''

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and

applicable with respect to articles entered on or after such date,

see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective

Date note under section 3001 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 applicable with respect to entries

made in connection with arrivals of vessels on or after the 15th

day after Oct. 30, 1984, with certain exceptions for vessels

transporting passengers or property, see section 214(a), (c)(3) of

Pub. L. 98-573, set out as a note under section 1304 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 14(b) of Pub. L. 96-467 provided in part that: ''The

amendment made by paragraph (3) of subsection (a) (amending this

section) shall apply with respect to entries made under section 466

of the Tariff Act of 1930 (this section) on or after January 1,

1980.''

EFFECTIVE DATE OF 1979 AMENDMENT

Section 601(a) of Pub. L. 96-39 provided that the amendment made

by that section is effective upon a Presidential proclamation

authorized to be made after Sept. 30, 1979, when the conditions

under section 2503(b) of this title on acceptance of the Agreement

on Trade in Civil Aircraft are fulfilled.

ENTRIES MADE IN CONNECTION WITH ARRIVAL OF VESSELS ON OR AFTER

OCTOBER 1, 1979, AND BEFORE DECEMBER 28, 1980

Section 115(b) of Pub. L. 96-609 provided that: ''Upon request

therefor filed with the customs officer concerned on or before the

90th day after the date of the enactment of this Act (Dec. 28,

1980), the entry of any article to which section 466(a) of the

Tariff Act of 1930 (subsec. (a) of this section) applied and -

''(1) that was made on or after October 1, 1979, and before the

date of the enactment of this Act; and

''(2) with respect to which there would have been no duty if

the amendment made by subsection (a) (adding subsec. (g) of this

section) applied to such entry or withdrawal;

shall, notwithstanding the provisions of section 514 of the Tariff

Act of 1930 (section 1514 of this title) or any other provision of

law, be liquidated or reliquidated as though such entry or

withdrawal had been made on the date of the enactment of this

Act.''

ENTRIES MADE IN CONNECTION WITH ARRIVALS OF VESSELS ON OR AFTER

JANUARY 5, 1971; ENTRIES IN CONNECTION WITH THE ARRIVAL OF SHRIMP

VESSELS AFTER JANUARY 1, 1969, AND BEFORE JANUARY 5, 1971

Section 2 of Pub. L. 91-654 provided that:

''(a) The amendment made by the first section of this Act

(amending this section) shall apply with respect to entries made in

connection with arrivals of vessels on or after the date of the

enactment of this Act (Jan. 5, 1971).

''(b) Upon request therefor filed with the customs officer

concerned on or before the ninetieth day after the date of the

enactment of this Act, any entry in connection with the arrival of

a vessel used primarily for the catching of shrimp -

''(1) which was made after January 1, 1969, and before the date

of the enactment of this Act, and

''(2) with respect to which there would have been no duty if

the amendment made by the first section of this Act applied to

such entry,

shall, notwithstanding the provisions of section 514 of the Tariff

Act of 1930 (section 1514 of this title) or any other provision of

law, be liquidated or reliquidated as though such entry had been

made on the day after the date of the enactment of this Act.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1498 of this title.

-CITE-

19 USC Sec. 1467 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles

-HEAD-

Sec. 1467. Special inspection, examination, and search

-STATUTE-

Whenever a vessel from a foreign port or place or from a port or

place in any Territory or possession of the United States arrives

at a port or place in the United States or the Virgin Islands,

whether directly or via another port or place in the United States

or the Virgin Islands, the appropriate customs officer for such

port or place of arrival may, under such regulations as the

Secretary of the Treasury may prescribe and for the purpose of

assuring compliance with any law, regulation, or instruction which

the Secretary of the Treasury or the Customs Service is authorized

to enforce, cause inspection, examination, and search to be made of

the persons, baggage, and merchandise discharged or unladen from

such vessel, whether or not any or all such persons, baggage, or

merchandise has previously been inspected, examined, or searched by

officers of the customs.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 467, as added June 25,

1938, ch. 679, Sec. 11, 52 Stat. 1083; amended Pub. L. 91-271,

title III, Sec. 301(g), June 2, 1970, 84 Stat. 288.)

-MISC1-

AMENDMENTS

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

customs officer for reference to collector of customs.

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.

EFFECTIVE DATE

This section effective on the thirtieth day following June 25,

1938, except as otherwise specifically provided, see section 37 of

act June 25, 1938, set out as an Effective Date of 1938 Amendment

note under section 1401 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 other 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 such 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.

-CITE-

19 USC Part III - Ascertainment, Collection, and Recovery

of Duties 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

.

-HEAD-

Part III - Ascertainment, Collection, and Recovery of Duties

-CITE-

19 USC Sec. 1481 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1481. Invoice; contents

-STATUTE-

(a) In general

All invoices of merchandise to be imported into the United States

and any electronic equivalent thereof considered acceptable by the

Secretary in regulations prescribed under this section shall set

forth, in written, electronic, or such other form as the Secretary

shall prescribe, the following:

(1) The port of entry to which the merchandise is destined;

(2) The time when, the place where, and the person by whom and

the person to whom the merchandise is sold or agreed to be sold,

or if to be imported otherwise than in pursuance of a purchase,

the place from which shipped, the time when and the person to

whom and the person by whom it is shipped;

(3) A detailed description of the merchandise, including the

commercial name by which each item is known, the grade or

quality, and the marks, numbers, or symbols under which sold by

the seller or manufacturer in the country of exportation,

together with the marks and numbers of the packages in which the

merchandise is packed;

(4) The quantities in the weights and measures of the country

or place from which the merchandise is shipped, or in the weights

and measures of the United States;

(5) The purchase price of each item in the currency of the

purchase, if the merchandise is shipped in pursuance of a

purchase or an agreement to purchase;

(6) If the merchandise is shipped otherwise than in pursuance

of a purchase or an agreement to purchase, the value for each

item, in the currency in which the transactions are usually made,

or, in the absence of such value, the price in such currency that

the manufacturer, seller, shipper, or owner would have received,

or was willing to receive, for such merchandise if sold in the

ordinary course of trade and in the usual wholesale quantities in

the country of exportation;

(7) The kind of currency, whether gold, silver, or paper;

(8) All charges upon the merchandise, itemized by name and

amount when known to the seller or shipper; or all charges by

name (including commissions, insurance, freight, cases,

containers, coverings, and cost of packing) included in the

invoice prices when the amounts for such charges are unknown to

the seller or shipper;

(9) All rebates, drawbacks, and bounties, separately itemized,

allowed upon the exportation of the merchandise; and

(10) Any other fact that the Secretary may by regulation

require as being necessary to a proper appraisement, examination

and classification of the merchandise.

(b) Shipments not purchased and not shipped by manufacturer

If the merchandise is shipped to a person in the United States by

a person other than the manufacturer, otherwise than by purchase,

such person shall state on the invoice the time when, the place

where, the person from whom such merchandise was purchased, and the

price paid therefor in the currency of the purchase, stating

whether gold, silver, or paper.

(c) Importer provision of information

Any information required to be set forth on an invoice may

alternatively be provided by any of the parties qualifying as an

''importer of record'' under section 1484(a)(2)(B) of this title by

such means, in such form or manner, and within such time as the

Secretary shall by regulation prescribe.

(d) Exceptions by regulations

The Secretary of the Treasury may by regulations provide for such

exceptions from the requirements of this section as he deems

advisable and may allow for the submission or electronic

transmission of partial invoices, electronic equivalents of

invoices, bills, or other documents or parts thereof, required

under this section.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 481, 46 Stat. 719; Pub. L.

103-182, title VI, Sec. 636, Dec. 8, 1993, 107 Stat. 2200.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 481, 42 Stat. 958. That

section was superseded by section 481 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Provisions as to the weights or measures, and currency, in which

invoices should be made out and the contents of invoices, with

additional provisions as to invoices of merchandise intended for

immediate transportation without appraisement, and a provision as

to the signing of the invoice, were contained in R.S. Sec. 2837 and

act Oct. 3, 1913, ch. 16, Sec. III, C, 38 Stat. 181 (superseding

Customs Administrative Act of June 10, 1890, ch. 407, Sec. 2, 26

Stat. 131, as amended by Payne-Aldrich Tariff Act of Aug. 5, 1909,

ch. 6, Sec. 28, 36 Stat. 91), which were superseded by act Sept.

21, 1922, ch. 356, title IV, Sec. 481, 42 Stat. 958, and repealed

by sections 642 and 643 thereof.

R.S. Sec. 2838, 2853 (as amended by Act June 10, 1880, ch. 190)

and 2860, contained provisions concerning invoices and their

contents, prior to repeal by Customs Administrative Act of June 10,

1890, ch. 407, Sec. 29, 26 Stat. 141.

Act May 27, 1921, ch. 14, Sec. 401, 42 Stat. 16, required

invoices to contain, in addition to statements then required by

law, such other statements as the Secretary of the Treasury should

prescribe, and a statement as to the currency in which made out,

and section 402 of that Act required the owner, importer, etc., to

set forth on the invoice or statement in form of an invoice, and in

the entry, in addition to statements then required by law such

statements, under oath if required, as the Secretary might

prescribe. These provisions were omitted from the Code as

superseded by this section, and section 1485(a) of this title.

Provisions on the subject matter of subdivision (c) of this

section were contained in act Oct. 3, 1913, ch. 16, Sec. III, W, 38

Stat. 190, which was superseded by act Sept. 21, 1922, ch. 356,

title IV, Sec. 481, 42 Stat. 958, and repealed by section 643

thereof.

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-182, Sec. 636(1)(A), amended

introductory provisions generally. Prior to amendment,

introductory provisions read as follows: ''All invoices of

merchandise to be imported into the United States shall set forth -

''.

Subsec. (a)(3). Pub. L. 103-182, Sec. 636(1)(B), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: ''A

detailed description of the merchandise, including the name by

which each item is known, the grade or quality, and the marks,

numbers, or symbols under which sold by the seller or manufacturer

to the trade in the country of exportation, together with the marks

and numbers of the packages in which the merchandise is packed;''.

Subsec. (a)(10). Pub. L. 103-182, Sec. 636(1)(C), amended par.

(10) generally. Prior to amendment, par. (10) read as follows:

''Any other facts deemed necessary to a proper appraisement,

examination, and classification of the merchandise that the

Secretary of the Treasury may require.''

Subsec. (c). Pub. L. 103-182, Sec. 636(2), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: ''When

the merchandise has been purchased in different consular districts

for shipment to the United States and is assembled for shipment and

embraced in a single invoice which is produced for certification

under the provisions of paragraph (2) of subdivision (a) of section

1482 of this title, the invoice shall have attached thereto the

original bills or invoices received by the shipper, or extracts

therefrom, showing the actual prices paid or to be paid for such

merchandise. The consular officer to whom the invoice is so

produced for certification may require that any such original bill

or invoice be certified by the consular officer for the district in

which the merchandise was purchased.''

Subsec. (d). Pub. L. 103-182, Sec. 636(3), inserted before period

at end ''and may allow for the submission or electronic

transmission of partial invoices, electronic equivalents of

invoices, bills, or other documents or parts thereof, required

under this section''.

-CITE-

19 USC Sec. 1482 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1482. Repealed. Pub. L. 103-182, title VI, Sec. 690(b)(8),

Dec. 8, 1993, 107 Stat. 2223

-MISC1-

Section, acts June 17, 1930, ch. 497, title IV, Sec. 482, 46

Stat. 720; Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat.

1352; Oct. 25, 1951, ch. 562, Sec. 4(4), 65 Stat. 640; Aug. 8,

1953, ch. 397, Sec. 16(a), 67 Stat. 517; June 2, 1970, Pub. L.

91-271, title III, Sec. 301(h), 84 Stat. 288, set forth

requirements for certified invoices including time of

certification, declarations, number and destination of copies, and

certification by other than an American consulate in remote areas.

-CITE-

19 USC Sec. 1483 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1483. Repealed. Pub. L. 97-446, title II, Sec. 201(c), Jan.

12, 1983, 96 Stat. 2349

-MISC1-

Section, acts June 17, 1930, ch. 497, title IV, Sec. 483, 46

Stat. 721; Oct. 3, 1978, Pub. L. 95-410, title II, Sec. 207, 92

Stat. 901, provided that for specified purposes the consignee of

merchandise be deemed the owner.

EFFECTIVE DATE OF REPEAL

Repeal effective with respect to merchandise entered on and after

30th day after Jan. 12, 1983, see section 201(g) of Pub. L. 97-446,

set out as an Effective Date of 1983 Amendment note under section

1484 of this title.

-CITE-

19 USC Sec. 1484 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1484. Entry of merchandise

-STATUTE-

(a) Requirement and time

(1) Except as provided in sections 1490, 1498, 1552, and 1553 of

this title, one of the parties qualifying as ''importer of record''

under paragraph (2)(B), either in person or by an agent authorized

by the party in writing, shall, using reasonable care -

(A) make entry therefor by filing with the Customs Service -

(i) such documentation or, pursuant to an electronic data

interchange system, such information as is necessary to enable

the Customs Service to determine whether the merchandise may be

released from customs custody, and

(ii) notification whether an import activity summary

statement will be filed; and

(B) complete the entry by filing with the Customs Service the

declared value, classification and rate of duty applicable to the

merchandise, and such other documentation or, pursuant to an

electronic data interchange system, such other information as is

necessary to enable the Customs Service to -

(i) properly assess duties on the merchandise,

(ii) collect accurate statistics with respect to the

merchandise, and

(iii) determine whether any other applicable requirement of

law (other than a requirement relating to release from customs

custody) is met.

(2)(A) The documentation or information required under paragraph

(1) with respect to any imported merchandise shall be filed or

transmitted in such manner and within such time periods as the

Secretary shall by regulation prescribe. Such regulations shall

provide for the filing of import activity summary statements,

covering entries or warehouse withdrawals made during a calendar

month, within such time period as is prescribed in regulations but

not to exceed the 20th day following such calendar month.

(B) When an entry of merchandise is made under this section, the

required documentation or information shall be filed or

electronically transmitted either by the owner or purchaser of the

merchandise or, when appropriately designated by the owner,

purchaser, or consignee of the merchandise, a person holding a

valid license under section 1641 of this title. When a consignee

declares on entry that he is the owner or purchaser of merchandise

the Customs Service may, without liability, accept the

declaration. For the purposes of this chapter, the importer of

record must be one of the parties who is eligible to file the

documentation or information required by this section.

(C) The Secretary, in prescribing regulations to carry out this

subsection, shall establish procedures which insure the accuracy

and timeliness of import statistics, particularly statistics

relevant to the classification and valuation of imports.

Corrections of errors in such statistical data shall be transmitted

immediately to the Director of the Bureau of the Census, who shall

make corrections in the statistics maintained by the Bureau. The

Secretary shall also provide, to the maximum extent practicable,

for the protection of the revenue, the enforcement of laws

governing the importation and exportation of merchandise, the

facilitation of the commerce of the United States, and the equal

treatment of all importers of record of imported merchandise.

(b) Reconciliation

(1) In general

A party may elect to file a reconciliation with regard to such

entry elements as are identified by the party pursuant to

regulations prescribed by the Secretary. If the party so elects,

the party shall declare that a reconciliation will be filed. The

declaration shall be made in such manner as the Secretary shall

prescribe and at the time the documentation or information

required by subsection (a)(1)(B) of this section or the import

activity summary statement is filed with, or transmitted to, the

Customs Service, or at such later time as the Customs Service

may, in its discretion, permit. The reconciliation shall be

filed by the importer of record at such time and in such manner

as the Secretary prescribes but not later than 15 months after

the date the importer declares his intent to file the

reconciliation. In the case of reconciling issues relating to

the assessment of antidumping and countervailing duties, the

reconciliation shall be filed not later than 90 days after the

date the Customs Service advises the importer that the period of

review for antidumping or countervailing duty purposes has been

completed. Before filing a reconciliation, an importer of record

shall post bond or other security pursuant to such regulations as

the Secretary may prescribe.

(2) Regulations regarding AD/CV duties

The Secretary shall prescribe, in consultation with the

Secretary of Commerce, such regulations as are necessary to adapt

the reconciliation process for use in the collection of

antidumping and countervailing duties.

(c) Release of merchandise

The Customs Service may permit the entry and release of

merchandise from customs custody in accordance with such

regulations as the Secretary may prescribe. No officer of the

Customs Service shall be liable to any person with respect to the

delivery of merchandise released from customs custody in accordance

with such regulations.

(d) Signing and contents

(1) Entries shall be signed by the importer of record, or his

agent, unless filed pursuant to an electronic data interchange

system. If electronically filed, each transmission of data shall

be certified by an importer of record or his agent, one of whom

shall be resident in the United States for purposes of receiving

service of process, as being true and correct to the best of his

knowledge and belief, and such transmission shall be binding in the

same manner and to the same extent as a signed document. The entry

shall set forth such facts in regard to the importation as the

Secretary may require and shall be accompanied by such invoices,

bills of lading, certificates, and documents, or their

electronically submitted equivalents, as are required by

regulation.

(2) The Secretary, in prescribing regulations governing the

content of entry documentation, shall require that entry

documentation contain such information as may be necessary to

determine whether the imported merchandise bears an infringing

trademark in violation of section 1124 of title 15 or any other

applicable law, including a trademark appearing on the goods or

packaging.

(e) Production of invoice

The Secretary may provide by regulation for the production of an

invoice, parts thereof, or the electronic equivalents thereof, in

such manner and form, and under such terms and conditions, as the

Secretary considers necessary.

(f) Statistical enumeration

The Secretary, the Secretary of Commerce, and the United States

International Trade Commission shall establish from time to time

for statistical purposes an enumeration of articles in such detail

as in their judgment may be necessary, comprehending all

merchandise imported into the United States and exported from the

United States, and shall seek, in conjunction with statistical

programs for domestic production and programs for achieving

international harmonization of trade statistics, to establish the

comparability thereof with such enumeration of articles. All

import entries and export declarations shall include or have

attached thereto an accurate statement specifying, in terms of such

detailed enumeration, the kinds and quantities of all merchandise

imported and exported and the value of the total quantity of each

kind of article.

(g) Statement of cost of production

Under such regulations as the Secretary may prescribe, the

Customs Service may require a verified statement from the

manufacturer or producer showing the cost of producing the imported

merchandise, if the Customs Service considers such verification

necessary for the appraisement of such merchandise.

(h) Admissibility of data electronically transmitted

Any entry or other information transmitted by means of an

authorized electronic data interchange system shall be admissible

in any and all administrative and judicial proceedings as evidence

of such entry or information.

(i) Special rule for foreign trade zone operations

(1) In general

Notwithstanding any other provision of law and except as

provided in paragraph (3), all merchandise (including merchandise

of different classes, types, and categories), withdrawn from a

foreign trade zone during any 7-day period, shall, at the option

of the operator or user of the zone, be the subject of a single

estimated entry or release filed on or before the first day of

the 7-day period in which the merchandise is to be withdrawn from

the zone. The estimated entry or release shall be treated as a

single entry and a single release of merchandise for purposes of

section 58c(a)(9)(A) of this title and all fee exclusions and

limitations of such section 58c of this title shall apply,

including the maximum and minimum fee amounts provided for under

subsection (b)(8)(A)(i) of such section. The entry summary for

the estimated entry or release shall cover only the merchandise

actually withdrawn from the foreign trade zone during the 7-day

period.

(2) Other requirements

The Secretary of the Treasury may require that the operator or

user of the zone -

(A) use an electronic data interchange approved by the

Customs Service -

(i) to file the entries described in paragraph (1); and

(ii) to pay the applicable duties, fees, and taxes with

respect to the entries; and

(B) satisfy the Customs Service that accounting,

transportation, and other controls over the merchandise are

adequate to protect the revenue and meet the requirements of

other Federal agencies.

(3) Exception

The provisions of paragraph (1) shall not apply to merchandise

the entry of which is prohibited by law or merchandise for which

the filing of an entry summary is required before the merchandise

is released from customs custody.

(4) Foreign trade zone; zone

In this subsection, the terms ''foreign trade zone'' and

''zone'' mean a zone established pursuant to the Act of June 18,

1934, commonly known as the Foreign Trade Zones Act (19 U.S.C.

81a et seq.).

(j) Treatment of multiple entries of merchandise as single

transaction

In the case of merchandise that is purchased and invoiced as a

single entity but -

(1) is shipped in an unassembled or disassembled condition in

separate shipments due to the size or nature of the merchandise,

or

(2) is shipped in separate shipments due to the inability of

the carrier to include all of the merchandise in a single

shipment (at the instruction of the carrier),

the Customs Service may, upon application by an importer in

advance, treat such separate shipments for entry purposes as a

single transaction.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 484, 46 Stat. 722; June 25,

1938, ch. 679, Sec. 12, 52 Stat. 1083; Aug. 8, 1953, ch. 397, Sec.

3(b), 16(b), (c), 67 Stat. 509, 517; Pub. L. 91-271, title III,

Sec. 301(i), June 2, 1970, 84 Stat. 288; Pub. L. 93-618, title VI,

Sec. 608(a), Jan. 3, 1975, 88 Stat. 2073; Pub. L. 95-106, Sec. 4,

Aug. 17, 1977, 91 Stat. 869; Pub. L. 95-410, title I, Sec. 102(a),

Oct. 3, 1978, 92 Stat. 888; Pub. L. 97-446, title II, Sec. 201(d),

Jan. 12, 1983, 96 Stat. 2349; Pub. L. 103-182, title VI, Sec.

637(a), Dec. 8, 1993, 107 Stat. 2200; Pub. L. 104-153, Sec. 12,

July 2, 1996, 110 Stat. 1389; Pub. L. 104-295, Sec. 18(b),

21(e)(6), Oct. 11, 1996, 110 Stat. 3524, 3531; Pub. L. 106-200,

title IV, Sec. 410(a), May 18, 2000, 114 Stat. 297; Pub. L.

106-476, title I, Sec. 1460(a), Nov. 9, 2000, 114 Stat. 2171.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Trade Zones Act, referred to in subsec. (i)(4), is

act June 18, 1934, ch. 590, 48 Stat. 998, as amended, which is

classified generally to chapter 1A (Sec. 81a et seq.) of this

title. For complete classification of this Act to the Code, see

Tables.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 484, 42 Stat. 960. That

section was superseded by section 484 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Provisions requiring entry of goods, and prescribing the manner

of making it, the documents to be produced, etc., were contained in

R.S. Sec. 2785. Provision for entry when the particulars of the

merchandise were unknown was made by R.S. Sec. 2788. A special

provision regarding entry of distilled spirits and wines was

contained in R.S. Sec. 2794. All of these sections were repealed by

act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42 Stat. 989.

Provisions relating to the production of certified invoices were

contained in act Oct. 3, 1913, ch. 16, Sec. III, E, 38 Stat. 182,

which reenacted the provisions of the Payne-Aldrich Tariff Act of

Aug. 5, 1909, ch. 6, Sec. 28, 36 Stat. 92, which amended Customs

Administrative Act of June 10, 1890, ch. 407, Sec. 4, 26 Stat. 131.

Said section III, E, was repealed by act Sept. 21, 1922, ch. 356,

title IV, Sec. 643, 42 Stat. 989. Earlier provisions were contained

in R.S. Sec. 2860, and act June 22, 1874, ch. 391, Sec. 9, 10, and

11, all repealed by act June 10, 1890, ch. 407, Sec. 29, 26 Stat.

141.

R.S. Sec. 2842 required bond for the production of an invoice

duly certified by the oath of the owner or one of them, in the case

of merchandise belonging to a resident of the United States absent

from the place of entry. R.S. Sec. 2852, provided that when

merchandise was admitted to entry on invoice, the collector should

certify the same, and no other evidence of value should be admitted

on the part of the owner, except in corroboration of the entry.

R.S. Sec. 2859, made special provision for entry of merchandise

from countries where there was no United States consul, etc. These

sections were all repealed by act Sept. 21, 1922, ch. 356, title

IV, Sec. 642, 42 Stat. 989.

R.S. Sec. 2847 and 2848 authorized the Secretary of the Treasury

to admit to entry in certain cases merchandise subject to ad

valorem duty, belonging to a person not residing in the United

States, not accompanied with an invoice verified and authenticated

as required by preceding section. They became inoperative by the

repeal of R.S. Sec. 2843, 2845, by the Customs Administrative Act

of June 10, 1890, ch. 407, Sec. 29, 26 Stat. 141, reenacted by the

Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6, Sec. 28, 36 Stat.

104, and the enactment of provisions for entry of goods without

invoice by section 4 of said Customs Administrative Act amended by

the Payne-Aldrich Tariff Act, and further amended by the Underwood

Tariff Act of Oct. 3, 1913, ch. 16, Sec. III, E, and were repealed

by act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42 Stat. 989.

R.S. Sec. 2858, provided that the Secretary of the Treasury,

whenever it had become impracticable for the person desiring to

make entry of merchandise to produce any invoice thereof, might

authorize the entry thereof, and remit forfeitures in such cases,

as in other cases under the revenue laws. It was repealed by the

Customs Administrative Act of June 10, 1890, ch. 407, Sec. 29, 26

Stat. 141, reenacted by the Payne-Aldrich Act of Aug. 5, 1909, ch.

6, Sec. 28, 36 Stat. 104.

A provision relating to statistical enumeration of merchandise,

except that the ''accurate statement'' was to be a part of the

declaration therein provided for, and a further provision making it

the duty of the consular officer to whom the invoice should be

produced to require the information to be given, were contained in

act Oct. 3, 1913, ch. 16, Sec. III, F, 38 Stat. 182, amending the

Customs Administrative Act of June 10, 1890, ch. 407, Sec. 5, 26

Stat. 132, as previously amended by Payne-Aldrich Tariff Act of

Aug. 5, 1909, ch. 6, Sec. 28, 36 Stat. 95. Said section III, F, was

repealed by act Sept. 21, 1922, ch. 356, title IV, Sec. 643, 42

Stat. 989.

Prior provisions on the subject of subsequent entry of part of

merchandise and separate entry of packages contained in packages

for delivery to others were contained in act May 1, 1876, ch. 89,

Sec. 1, 19 Stat. 49, which was repealed by act Sept. 21, 1922, ch.

356, title IV, Sec. 643, 42 Stat. 989; and in act Oct. 3, 1913, ch.

16, Sec. III, F, 38 Stat. 182, amending Customs Administrative Act

of June 10, 1890, ch. 407, Sec. 5, 26 Stat. 132, as previously

amended by Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6, Sec.

28, 36 Stat. 95. Said section III, F, was repealed by act Sept. 21,

1922, ch. 356, title IV, Sec. 643, 42 Stat. 989.

AMENDMENTS

2000 - Subsec. (i). Pub. L. 106-200 added subsec. (i).

Subsec. (j). Pub. L. 106-476 added subsec. (j).

1996 - Subsec. (a)(1). Pub. L. 104-295, Sec. 21(e)(6),

substituted ''and 1553'' for ''1553, and 1336(j)''.

Subsec. (b)(1). Pub. L. 104-295, Sec. 18(b), substituted ''A

party may elect to file a reconciliation with regard to such entry

elements as are identified by the party pursuant to regulations

prescribed by the Secretary. If the party so elects, the party

shall declare that a reconciliation will be filed. The declaration

shall be made in such manner as the Secretary shall prescribe and

at the time the documentation or information required by subsection

(a)(1)(B) of this section or the import activity summary statement

is filed with, or transmitted to, the Customs Service, or at such

later time as the Customs Service may, in its discretion, permit.

The reconciliation shall be filed by the importer of record at such

time and in such manner as the Secretary prescribes but not later

than 15 months after the date the importer declares his intent to

file the reconciliation. In the case of reconciling issues

relating to the assessment of antidumping and countervailing

duties, the reconciliation shall be filed not later than 90 days

after the date the Customs Service advises the importer that the

period of review for antidumping or countervailing duty purposes

has been completed.'' for ''A party that electronically transmits

an entry summary or import activity summary statement may at the

time of filing such summary or statement notify the Customs Service

of his intention to file a reconciliation pursuant to such

regulations as the Secretary may prescribe. Such reconciliation

must be filed by the importer of record within such time period as

is prescribed by regulation but no later than 15 months following

the filing of the entry summary or import activity summary

statement; except that the prescribed time period for

reconciliation issues relating to the assessment of antidumping and

countervailing duties shall require filing no later than 90 days

after the Customs Service advises the importer that a period of

review for antidumping or countervailing duty purposes has been

completed.''

Subsec. (d). Pub. L. 104-153 designated existing provisions as

par. (1) and added par. (2).

1993 - Pub. L. 103-182 amended section generally, substituting

present provisions for provisions relating to entry of merchandise

and providing specifically for requirement and time, production of

certified invoice, production of bill of lading, signing and

contents of entry, statistical enumeration, packages included,

statement of cost of production, certification of owner by carrier,

acceptance of duplicate bill of lading, and release of merchandise

from customs custody.

1983 - Subsec. (a)(1). Pub. L. 97-446, Sec. 201(d)(1)(A),

substituted ''one of the parties qualifying as 'importer of record'

under paragraph (2)(C) of this subsection'' for ''the consignee of

imported merchandise'', and ''authorized by him'' for ''authorized

by the consignee''.

Subsec. (a)(2)(C), (D). Pub. L. 97-446, Sec. 201(d)(1)(B), (C),

added subpar. (C), redesignated former subpar. (C) as (D), and in

subpar. (D) as so redesignated substituted ''importers of record''

for ''consignees'' after ''treatment of all''.

Subsec. (c). Pub. L. 97-446, Sec. 201(d)(2), substituted

''importer of record'' for ''consignee'' before ''shall produce''.

Subsec. (d). Pub. L. 97-446, Sec. 201(d)(2), substituted

''importer of record'' for ''consignee'' after ''signed by the''.

Subsec. (h). Pub. L. 97-446, Sec. 201(d)(3), substituted

provision relating to authority of carrier of merchandise bringing

it into the port to certify any person to receive the merchandise

if the carrier has actual knowledge of the accuracy of the

certification, for provision that any person certified by the

carrier bringing the merchandise to the port at which entry was to

be made to be the owner or consignee of the merchandise, or an

agent of such owner or consignee, might make entry thereof, either

in person or by an authorized agent, in the manner and subject to

the requirements prescribed in this section (or in regulations

promulgated hereunder) in the case of a consignee within the

meaning of paragraph (1) of section 1483 of this title.

Subsec. (i). Pub. L. 97-446, Sec. 201(d)(3), substituted

provision authorizing appropriate customs officer to accept a

duplicate bill of lading, for provision that any person might, upon

the production of a duplicate bill of lading signed or certified to

be genuine by the carrier bringing the merchandise to the port at

which entry was to be made, make entry for the merchandise in

respect to which such bill of lading was issued, in the manner and

subject to the requirements prescribed in this section (or in

regulations promulgated hereunder) in the case of a consignee

within the meaning of paragraph (1) of section 1483 of this title,

except that such person was to make such entry in his own name.

1978 - Subsec. (a). Pub. L. 95-410, Sec. 102(a)(1), incorporated

first sentence in introductory text of par. designated (1), added

subpars. (A) and (B) and par. (2), and struck out second sentence

which required the entry to be made at the customhouse within five

days, exclusive of Sundays and holidays, after the entry of the

importing vessel or report of the vehicle, or after the arrival at

the port of destination in the case of merchandise transported in

bond, unless the appropriate customs officer authorized in writing

a longer time.

Subsec. (c)(3). Pub. L. 95-410, Sec. 102(a)(2), substituted

''subsection'' for ''subdivision''.

Subsec. (j). Pub. L. 95-410, Sec. 102(a)(3), struck out ''The

custom officer shall return to the person making entry the bill of

lading (if any is produced) with a notation thereon to the effect

that entry for such merchandise has been made.''

1977 - Subsec. (e). Pub. L. 95-106 substituted ''production and

programs for achieving international harmonization of trade

statistics,'' for ''production,''.

1975 - Subsec. (e). Pub. L. 93-618 substituted ''United States

International Trade Commission'' for ''United States Tariff

Commission'' and inserted references to an enumeration of articles

exported from the United States and, in conjunction with

statistical programs for domestic production, to the establishment

of the comparability thereof with the enumeration of articles.

1970 - Subsec. (a). Pub. L. 91-271, Sec. 301(i)(1), substituted

reference to appropriate customs officer for reference to

collector.

Subsec. (c). Pub. L. 91-271, Sec. 301(i)(2), (3), substituted

references to appropriate customs officer or such customs officer

for references to collector wherever appearing.

Subsec. (g). Pub. L. 91-271, Sec. 301(i)(4), substituted

reference to appropriate customs officer for reference to collector

or appraiser.

Subsec. (j). Pub. L. 91-271, Sec. 301(i)(5), (6), substituted

references to customs officer or such customs officer for

references to collector wherever appearing.

1953 - Subsec. (a). Act Aug. 8, 1953, Sec. 16(b), substituted

''five days'' for ''forty-eight hours''.

Subsec. (b). Act Aug. 8, 1953, Sec. 16(c), granted the Secretary

of the Treasury discretion to require certified invoices with

respect to merchandise entered as he deems advisable and to

establish terms under which merchandise may be imported without a

certified invoice, in lieu of former provision that all such

merchandise should be accompanied by an invoice certified by a

United States consulate except in certain enumerated situations,

and of the former provision that the Secretary might grant certain

other exceptions.

Subsec. (f). Act Aug. 8, 1953, Sec. 3(b), inserted provision

relating to acceptance at port of entry designated by consignee or

his agent in cases of articles not subject to a quantitative or

tariff-rate quota.

1938 - Subsec. (f). Act June 25, 1938, inserted provision

relating to authorization by the Secretary for inclusion of

portions of merchandise in separate entries under such rules and

regulations as he may prescribe.

EFFECTIVE DATE OF 2000 AMENDMENTS

Amendment by Pub. L. 106-476, except as otherwise provided,

applicable with respect to goods entered, or withdrawn from

warehouse, for consumption, on or after the 15th day after Nov. 9,

2000, see section 1471 of Pub. L. 106-476, set out as a note under

section 58c of this title.

Pub. L. 106-200, title IV, Sec. 410(b), May 18, 2000, 114 Stat.

298, provided that: ''The amendment made by this section (amending

this section) shall take effect on the date that is 60 days after

the date of the enactment of this Act (May 18, 2000).''

EFFECTIVE DATE OF 1983 AMENDMENT

Section 201(g) of Pub. L. 97-446 provided that: ''The amendments

made by this section (amending the General headnotes of the Tariff

Schedules, this section, and sections 1485, 1487, 1494, 1505, and

1557 of this title, and repealing section 1483 of this title) shall

apply with respect to merchandise entered on and after the 30th day

after the date of the enactment of this Act (Jan. 12, 1983).''

EFFECTIVE DATE OF 1978 AMENDMENT

Section 102(b) of Pub. L. 95-410 provided that: ''The amendments

made by this section (amending this section) shall take effect 60

days after the date of enactment of this Act (Oct. 3, 1978).''

EFFECTIVE DATE OF 1975 AMENDMENT

Section 608(e) of Pub. L. 93-618 provided that: ''The amendment

made by subsection (a) (amending this section) insofar as it

related to export declarations shall take effect on January 1,

1976.''

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.

EFFECTIVE DATE OF 1953 AMENDMENT; SAVINGS PROVISION

Amendment by act Aug. 8, 1953, effective on and after thirtieth

day following Aug. 8, 1953, and savings provision, see notes set

out under section 1304 of this title.

EFFECTIVE DATE OF 1938 AMENDMENT

Amendment by act June 25, 1938, effective on thirtieth day

following June 25, 1938, except as otherwise specifically provided,

see section 37 of act June 25, 1938, set out as a note under

section 1401 of this title.

REGULATIONS

Pub. L. 106-476, title I, Sec. 1460(b), Nov. 9, 2000, 114 Stat.

2171, provided that: ''Not later than 6 months after the date of

the enactment of this Act (Nov. 9, 2000), the Secretary of the

Treasury shall issue regulations to carry out section 484(j) of the

Tariff Act of 1930 (19 U.S.C. 1484(j)), as added by subsection

(a).''

-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.

-MISC5-

DRUG PARAPHERNALIA

Pub. L. 101-382, title I, Sec. 137, Aug. 20, 1990, 104 Stat. 652,

provided that:

''(a) Statistical Annotations. - The Secretary of the Treasury,

the Secretary of Commerce, and the United States International

Trade Commission shall take actions under section 484(e) of the

Tariff Act of 1930 (19 U.S.C. 1484(e)) to implement the

recommendations of the Commission regarding additional statistical

annotations that were made in the report of the Commission on

Investigation 332-277.

''(b) Report. - By no later than the date that is 1 year after

the date of enactment of this Act (Aug. 20, 1990), the Commissioner

of Customs shall submit to the Committee on Finance of the Senate

and the Committee on Ways and Means of the House of Representatives

a report on the operational response of the United States Customs

Service to the recommendations contained in the report of the

United States Trade Commission described in subsection (a). The

report submitted by the Commissioner of Customs under this

subsection shall address the effectiveness of the United States

Customs Service in monitoring and seizing drug paraphernalia,

including crack bags, vials, and pipes.''

STUDY OF COMMODITY CLASSIFICATION SYSTEMS

Section 608(b) of Pub. L. 93-618 mandated a joint study by the

Secretary of Commerce and the United States International Trade

Commission with a view toward development of an enumeration of

articles resulting in comparability of import, production, and

export data, with the submission of a report to both Houses of

Congress and to the President no later than Aug. 1, 1975.

INVESTIGATION BY UNITED STATES INTERNATIONAL TRADE COMMISSION;

FORMULATION OF INTERNATIONAL COMMODITY CODE

Section 608(c) of Pub. L. 93-618 authorized an investigation by

the United States International Trade Commission to provide the

basis for the formulation of an international commodity code (with

a report to be submitted to both Houses of Congress and to the

President no later than June 1, 1975) and to provide the basis for

full and immediate participation by the Trade Commission in the

United States contribution to technical work of the Harmonized

Systems Committee to assure recognition of the needs of the

business community in the development of a harmonized code.

COOPERATION OF GOVERNMENTAL AGENCIES WITH SECRETARY OF COMMERCE AND

UNITED STATES INTERNATIONAL TRADE COMMISSION IN STUDIES AND

INVESTIGATIONS

Section 608(d) of Pub. L. 93-618 provided that: ''The President

is requested to direct the appropriate agencies to cooperate fully

with the Secretary of Commerce and the United States International

Trade Commission in carrying out their responsibilities under

subsections (a) (amending this section), (b), and (c) (see notes

set out above).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 58c, 81c, 1401, 1414,

1481, 1485, 1504, 1592a, 3007, 3010 of this title; title 15 section

70g.

-CITE-

19 USC Sec. 1484a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1484a. Articles returned from space not to be construed as

importation

-STATUTE-

The return of articles from space shall not be considered an

importation, and an entry of such articles shall not be required,

if:

(1) such articles were previously launched into space from the

customs territory of the United States aboard a spacecraft

operated by, or under the control of, United States persons and

owned -

(A) wholly by United States persons, or

(B) in substantial part by United States persons, or

(C) by the United States;

(2) such articles were maintained or utilized while in space

solely on board such spacecraft or aboard another spacecraft

which meets the requirements of paragraph (1)(A) through (C) of

this section; and

(3) such articles were returned to the customs territory

directly from space aboard such spacecraft or aboard another

spacecraft which meets the requirements of paragraph (1)(A)

through (C) of this section;

without regard to whether such articles have been advanced in value

or improved in condition by any process of manufacture or other

means while in space.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 484a, as added Pub. L.

98-573, title II, Sec. 209(a), Oct. 30, 1984, 98 Stat. 2976.)

-MISC1-

EFFECTIVE DATE

Section applicable with respect to articles launched into space

from the customs territory of the United States on or after Jan. 1,

1985, see section 214(c)(4) of Pub. L. 98-573, set out as an

Effective Date of 1984 Amendment note under section 1304 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1202 of this title.

-CITE-

19 USC Sec. 1484b 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1484b. Deferral of duty on large yachts imported for sale at

United States boat shows

-STATUTE-

(a) In general

Notwithstanding any other provision of law, any vessel meeting

the definition of a large yacht as provided in subsection (b) of

this section and which is otherwise dutiable may be imported

without the payment of duty if imported with the intention to offer

for sale at a boat show in the United States. Payment of duty shall

be deferred, in accordance with this section, until such large

yacht is sold.

(b) Definition

As used in this section, the term ''large yacht'' means a vessel

that exceeds 79 feet in length, is used primarily for recreation or

pleasure, and has been previously sold by a manufacturer or dealer

to a retail consumer.

(c) Deferral of duty

At the time of importation of any large yacht, if such large

yacht is imported for sale at a boat show in the United States and

is otherwise dutiable, duties shall not be assessed and collected

if the importer of record -

(1) certifies to the Customs Service that the large yacht is

imported pursuant to this section for sale at a boat show in the

United States; and

(2) posts a bond, which shall have a duration of 6 months after

the date of importation, in an amount equal to twice the amount

of duty on the large yacht that would otherwise be imposed under

subheading 8903.91.00 or 8903.92.00 of the Harmonized Tariff

Schedule of the United States.

(d) Procedures upon sale

(1) (FOOTNOTE 1) Deposit of duty

(FOOTNOTE 1) So in original. No par. (2) has been enacted.

If any large yacht (which has been imported for sale at a boat

show in the United States with the deferral of duties as provided

in this section) is sold within the 6-month period after

importation -

(A) entry shall be completed and duty (calculated at the

applicable rates provided for under subheading 8903.91.00 or

8903.92.00 of the Harmonized Tariff Schedule of the United

States and based upon the value of the large yacht at the time

of importation) shall be deposited with the Customs Service;

and

(B) the bond posted as required by subsection (c)(2) of this

section shall be returned to the importer.

(e) Procedures upon expiration of bond period

(1) In general

If the large yacht entered with deferral of duties is neither

sold nor exported within the 6-month period after importation -

(A) entry shall be completed and duty (calculated at the

applicable rates provided for under subheading 8903.91.00 or

8903.92.00 of the Harmonized Tariff Schedule of the United

States and based upon the value of the large yacht at the time

of importation) shall be deposited with the Customs Service;

and

(B) the bond posted as required by subsection (c)(2) of this

section shall be returned to the importer.

(2) Additional requirements

No extensions of the bond period shall be allowed. Any large

yacht exported in compliance with the bond period may not be

reentered for purposes of sale at a boat show in the United

States (in order to receive duty deferral benefits) for a period

of 3 months after such exportation.

(f) Regulations

The Secretary of the Treasury is authorized to make such rules

and regulations as may be necessary to carry out the provisions of

this section.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 484b, as added Pub. L.

106-36, title II, Sec. 2406(a), June 25, 1999, 113 Stat. 170.)

-REFTEXT-

REFERENCES IN TEXT

The Harmonized Tariff Schedule of the United States, referred to

in subsecs. (c)(2), (d)(1)(A), and (e)(1)(A), is not set out in the

Code. See Publication of Harmonized Tariff Schedule note set out

under section 1202 of this title.

-MISC2-

EFFECTIVE DATE

Pub. L. 106-36, title II, Sec. 2406(b), June 25, 1999, 113 Stat.

171, provided that: ''The amendment made by subsection (a)

(enacting this section) shall apply with respect to any large yacht

imported into the United States after the date that is 15 days

after the date of the enactment of this Act (June 25, 1999).''

-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.

-CITE-

19 USC Sec. 1485 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1485. Declaration

-STATUTE-

(a) Requirement; form and contents

Every importer of record making an entry under the provisions of

section 1484 of this title shall make and file or transmit

electronically therewith, in a form and manner to be prescribed by

the Secretary of the Treasury, a declaration under oath, stating -

(1) Whether the merchandise is imported in pursuance of a

purchase or an agreement to purchase, or whether it is imported

otherwise than in pursuance of a purchase or agreement to

purchase;

(2) That the prices set forth in the invoice are true, in the

case of merchandise purchased or agreed to be purchased; or in

the case of merchandise secured otherwise than by purchase or

agreement to purchase, that the statements in such invoice as to

value or price are true to the best of his knowledge and belief;

(3) That all other statements in the invoice or other documents

filed with the entry, or in the entry itself, are true and

correct; and

(4) That he will produce at once to the appropriate customs

officer any invoice, paper, letter, document, or information

received showing that any such prices or statements are not true

or correct.

(b) Books and periodicals

The Secretary of the Treasury is authorized to prescribe

regulations for one declaration in the case of books, magazines,

newspapers, and periodicals published and imported in successive

parts, numbers, or volumes, and entitled to free entry.

(c) Agents

In the event that an entry is made by an agent under the

provisions of section 1484 of this title and such agent is not in

possession of such declaration of the importer of record, such

agent shall give a bond to produce such declaration.

(d) Liability of importer of record for increased duties

An importer of record shall not be liable for any additional or

increased duties if (1) he declares at the time of entry that he is

not the actual owner of the merchandise, (2) he furnishes the name

and address of such owner, and (3) within ninety days from the date

of entry he produces a declaration of such owner conditioned that

he will pay all additional and increased duties, under such

regulations as the Secretary of the Treasury may prescribe. Such

owner shall possess all the rights of an importer of record.

(e) Separate forms for purchase and nonpurchase importations

The Secretary of the Treasury shall prescribe separate forms for

the declaration in the case of merchandise which is imported in

pursuance of a purchase or agreement to purchase and merchandise

which is imported otherwise than in pursuance of a purchase or

agreement to purchase.

(f) Deceased or insolvent persons; partnerships and corporations

Whenever such merchandise is consigned to a deceased person, or

to an insolvent person who has assigned the same for the benefit of

his creditors, the executor or administrator, or the assignee of

such person or trustee in a case under title 11, shall be

considered as the importer of record; when consigned to a

partnership the declaration of one of the partners only shall be

required, and when consigned to a corporation such declaration may

be made by any officer of such corporation. Whether the importer

of record is an individual, a partnership, or a corporation, the

declaration may be made by any person who has knowledge of the

facts and who is specifically authorized by such individual, a

member of such partnership, or an officer of such corporation to

make such declaration.

(g) Exported merchandise returned as undeliverable

With respect to any importation of merchandise to which General

Headnote 4(e) of the Harmonized Tariff Schedule of the United

States applies, any person who gained any benefit from, or met any

obligation to, the United States as a result of the prior

exportation of such merchandise shall, in accordance with

regulations prescribed by the Secretary, within a reasonable time

inform the Customs Service of the return of the merchandise.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 485, 46 Stat. 724; June 25,

1938, ch. 679, Sec. 13, 52 Stat. 1083; Pub. L. 91-271, title III,

Sec. 301(b), June 2, 1970, 84 Stat. 287; Pub. L. 95-598, title III,

Sec. 315, Nov. 6, 1978, 92 Stat. 2678; Pub. L. 97-446, title II,

Sec. 201(e), Jan. 12, 1983, 96 Stat. 2350; Pub. L. 103-182, title

VI, Sec. 657, Dec. 8, 1993, 107 Stat. 2212.)

-REFTEXT-

REFERENCES IN TEXT

The Harmonized Tariff Schedule of the United States, referred to

in subsec. (g), is not set out in the Code. See Publication of

Harmonized Tariff Schedule note set out under section 1202 of this

title.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 485, 42 Stat. 961. That

section was superseded by section 485 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Prior provisions for a declaration to be filed when merchandise

was entered by invoice, were contained in the Customs

Administrative Act of June 10, 1890, ch. 407, Sec. 5, 26 Stat. 132,

as amended by the Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6,

Sec. 28, 36 Stat. 95, and by act Oct. 3, 1913, ch. 16, Sec. III, F,

38 Stat. 182. The sections of the acts of 1890 and 1913, referred

to, were repealed by act Sept. 21, 1922, ch. 356, title IV, Sec.

643, 42 Stat. 989.

R.S. Sec. 2786, requiring entries to be verified by oath, was

superseded by the Customs Administrative Act of June 10, 1890, ch.

407, Sec. 4, 5, 22, 26 Stat. 131, 132, 140, amended by the

Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6, Sec. 28, 36 Stat.

92, 102, and further amended by the Underwood Tariff Act of Oct. 3,

1913, ch. 16, Sec. III, E, F, and section IV, S, of that act, prior

to repeal by act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42

Stat. 989.

R.S. Sec. 2841 prescribed the forms of oaths of which one,

according to the nature of the case, was required to be

administered by the collector at the time of the entry of

merchandise by invoice. It was modified by act May 1, 1876, ch.

89, Sec. 2, 19 Stat. 49, and repealed by the Customs Administrative

Act of June 10, 1890, ch. 407, Sec. 29, 26 Stat. 141, amended and

reenacted by the Payne-Aldrich Act of Aug. 5, 1909, ch. 6, Sec. 28,

36 Stat. 104, and declarations in lieu of oaths were required to

accompany the invoice by section 5 of the Customs Administrative

Act, amended by the Payne-Aldrich Act and further amended by the

Underwood Tariff Act of Oct. 3, 1913, ch. 16, Sec. III, F. All

oaths administered by officers of the customs, except as provided

in the Customs Administrative Act, were abolished by section 22

thereof amended by section 28 of the Payne-Aldrich Act.

The provisions for the abolition of fees and oaths on entry of

goods, made by the Customs Administrative Act of June 10, 1890, ch.

407, Sec. 22, 26 Stat. 140, as amended by the Payne-Aldrich Act of

Aug. 5, 1909, ch. 6, Sec. 28, 36 Stat. 102, were superseded by a

proviso annexed to section IV, S, of the Underwood Tariff Act of

Oct. 3, 1913, which provided that ''nothing in this act shall be

construed to permit any oaths to be demanded or fees to be charged

except as provided in this act,'' etc.

Act May 1, 1876, ch. 89, Sec. 2, 19 Stat. 49, modifying the form

of oath prescribed by R.S. Sec. 2841, was repealed by act Sept. 21,

1922, ch. 356, title IV, Sec. 643, 42 Stat. 989.

R.S. Sec. 2849, relative to oaths when merchandise belonged in

part to a resident of the United States and in part to a

non-resident was superseded in part by the Customs Administrative

Act of June 10, 1890, ch. 407, Sec. 5, 22, 29, 26 Stat. 132, 140,

141, amended by the Payne-Aldrich Tariff Act of Aug. 5, 1909, ch.

6, Sec. 28, 36 Stat. 92, 102, 104, and further amended by the

Underwood Tariff Act of Oct. 3, 1913, ch. 16, Sec. III, B-J, and

was repealed by act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42

Stat. 989.

Prior provisions requiring a bond to be taken when entry was made

by an agent, factor, or person other than the owner or ultimate

consignee, and prescribing the conditions, etc., of the bond, and

the circumstances under which it might be canceled with a proviso

authorizing the taking of a general penal bond, were contained in

R.S. Sec. 2787, as amended by act Mar. 2, 1905, ch. 1306, 33 Stat.

826, which was repealed by act Sept. 21, 1922, ch. 356, title IV,

Sec. 642, 42 Stat. 989.

Provisions concerning the statement to be presented to the

collector when merchandise entered for customs duty had been

consigned for sale to a person, agent, partner, or consignee, were

contained in act Oct. 3, 1913, ch. 16, Sec. III, J, 38 Stat. 185,

which reenacted the provisions of the Customs Administrative Act of

June 10, 1890, ch. 407, 26 Stat. 131, and the Payne-Aldrich Tariff

Act of Aug. 5, 1909, ch. 6, Sec. 28, 36 Stat. 96, and which was

repealed by act Sept. 21, 1922, ch. 356, title IV, Sec. 643, 42

Stat. 989.

A prior provision relative to oaths to invoices when merchandise

belonged to estates of deceased persons or of persons insolvent was

contained in R.S. Sec. 2846, which was superseded, in part, by the

abolition of all oaths administered by officers of the customs,

except as provided therein, by the Customs Administrative Act of

June 10, 1890, ch. 407, Sec. 22, 26 Stat. 140, and by the repeal,

by section 29 of that act, 26 Stat. 141, of R.S. Sec. 2841, 2843,

2845, which required oaths to accompany invoices on entry of

merchandise, and the substitution of declarations for such oaths,

by sections 3-5 of said act, 26 Stat. 131, amended by the

Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6, Sec. 28, 36 Stat.

102, and further amended by the Underwood Tariff Act of Oct. 3,

1913, ch. 16, Sec. III, D, F, and Sec. IV, S, 38 Stat. 181.

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-182, Sec. 657(1), in introductory

provisions, inserted ''or transmit electronically'' after ''file''

and ''and manner'' after ''form''.

Subsec. (d). Pub. L. 103-182, Sec. 657(2), substituted ''An

importer'' for ''A importer'' and ''an importer'' for ''a

importer''.

Subsec. (g). Pub. L. 103-182, Sec. 657(3), added subsec. (g).

1983 - Subsec. (a). Pub. L. 97-446 substituted ''importer of

record'' for ''consignee'' before ''making an entry''.

Subsec. (c). Pub. L. 97-446 substituted ''importer of record''

for ''consignee'' after ''declaration of the''.

Subsecs. (d), (f). Pub. L. 97-446 substituted ''importer of

record'' for ''consignee'' wherever appearing.

1978 - Subsec. (f). Pub. L. 95-598 substituted ''trustee in a

case under title 11'' for ''receiver or trustee in bankruptcy''.

1970 - Subsec. (a). Pub. L. 91-271 substituted reference to

appropriate customs officer for reference to collector.

1938 - Subsec. (f). Act June 25, 1938, changed the comma to a

period after ''such declaration may be made by any officer of such

corporation'', struck out ''or by any other person specifically

authorized by any officer of such corporation to make the same''

after said comma, and inserted in lieu thereof a new sentence

providing that whether the consignee is an individual, a

partnership, or a corporation, the declaration may be made by any

person having knowledge of the facts and authorized to make such

declaration.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 97-446 applicable with respect to

merchandise entered on and after 30th day after Jan. 12, 1983, see

section 201(g) of Pub. L. 97-446, set out as a note under section

1484 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section

402(a) of Pub. L. 95-598, set out as an Effective Date note

preceding section 101 of Title 11, Bankruptcy.

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.

EFFECTIVE DATE OF 1938 AMENDMENT

Amendment by act June 25, 1938, effective on thirtieth day

following June 25, 1938, except as otherwise specifically provided,

see section 37 of act June 25, 1938, set out as a note under

section 1401 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1514 of this title; title

15 section 70g.

-CITE-

19 USC Sec. 1486 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1486. Administration of oaths

-STATUTE-

(a) Customs officers

The following officers and employees may administer any oaths

required or authorized by law or regulations promulgated thereunder

in respect of any matter coming before such officers or employees

in the performance of their official duties: (1) Any customs

officer appointed by the President; (2) the chief assistant of any

such officer, or any officer or employee of the customs field

service designated for the purpose by such officer or by the

Secretary of the Treasury; and (3) any officer or employee of the

United States Customs Service designated for the purpose by the

Secretary of the Treasury.

(b) Postmasters

The postmaster or assistant postmaster of the United States at

any post office where customs officers are not stationed, is

authorized to administer any oaths required to be made to

statements in customs documents by importers of merchandise, not

exceeding $100 in value, through the mails.

(c) No compensation

No compensation or fee shall be demanded or accepted for

administering any oath under the provisions of this section.

(d) Verification in lieu of oath

The Secretary of the Treasury may by regulation prescribe that

any document required by any law administered by the Customs

Service to be under oath may be verified by a written declaration

in such form as he shall prescribe, such declaration to be in lieu

of the oath otherwise required.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 486, 46 Stat. 725; Aug. 8,

1953, ch. 397, Sec. 17, 67 Stat. 517.)

-MISC1-

AMENDMENTS

1953 - Subsec. (d). Act Aug. 8, 1953, added subsec. (d).

-CHANGE-

CHANGE OF NAME

''United States Customs Service'' substituted in text for

''Bureau of Customs'' pursuant to Treasury Department Order 165-23,

Apr. 4, 1973, eff. Aug. 1, 1973, 38 F.R. 13037. See, also, section

308 of Title 31, Money and Finance.

-MISC4-

EFFECTIVE DATE OF 1953 AMENDMENT; SAVINGS PROVISION

Amendment by act Aug. 8, 1953, effective on and after thirtieth

day following Aug. 8, 1953, and savings provision, see notes set

out under section 1304 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 such 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.

-CITE-

19 USC Sec. 1487 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1487. Value in entry; amendment

-STATUTE-

The importer of record or his agent may, under such regulations

as the Secretary of the Treasury may prescribe, at the time entry

is made, make in the entry such additions to or deductions from the

cost or value given in the invoice as, in his opinion, may raise or

lower the same to the value of such merchandise.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 487, 46 Stat. 725; Aug. 8,

1953, ch. 397, Sec. 18(a), 67 Stat. 517; Pub. L. 97-446, title II,

Sec. 201(e), Jan. 12, 1983, 96 Stat. 2350.)

-MISC1-

PRIOR PROVISIONS

Provisions somewhat similar to those in this section were

contained in act Oct. 3, 1913, ch. 16, Sec. III, I, 38 Stat. 184,

which were substituted for provisions made by the Customs

Administrative Act of June 10, 1890, ch. 407, Sec. 7, 26 Stat. 134,

as amended by act July 24, 1897, ch. 11, Sec. 32, 30 Stat. 211, and

as further amended by the Payne-Aldrich Tariff Act of Aug. 5, 1909,

ch. 6, Sec. 28, 36 Stat. 95. Section III of the act of 1913 was

superseded by act Sept. 21, 1922, ch. 356, title IV, Sec. 487, 42

Stat. 962, and was repealed by section 643 thereof. Section 487 of

the 1922 act was superseded by section 487 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Provisions for addition to the invoice values made by R.S. Sec.

2900, were repealed by section 29 of the Customs Administrative

Act.

AMENDMENTS

1983 - Pub. L. 97-446 substituted ''importer of record'' for

''consignee'' before ''or his agent''.

1953 - Act Aug. 8, 1953, struck out ''or at any time before the

invoice or the merchandise has come under the observation of the

appraiser for the purpose of appraisement,'' after ''at the time

entry is made,''.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 97-446 applicable with respect to

merchandise entered on and after 30th day after Jan. 12, 1983, see

section 201(g) of Pub. L. 97-446, set out as a note under section

1484 of this title.

EFFECTIVE DATE OF 1953 AMENDMENT; SAVINGS PROVISION

Amendment by act Aug. 8, 1953, effective on and after thirtieth

day following Aug. 8, 1953, and savings provision, see notes set

out under section 1304 of this title.

-CITE-

19 USC Sec. 1488 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1488. Repealed. Pub. L. 91-271, title II, Sec. 204(b), June 2,

1970, 84 Stat. 283

-MISC1-

Section, act June 17, 1930, ch. 497, title IV, Sec. 488, 46 Stat.

725, authorized a collector to cause the appraisal of entered

merchandise.

EFFECTIVE DATE OF REPEAL

For effective date of repeal, 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. 1489 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1489. Repealed. Pub. L. 87-456, title III, Sec. 301(a), May

24, 1962, 76 Stat. 75

-MISC1-

Section, acts June 17, 1930, ch. 497, title IV, Sec. 489, 46

Stat. 725; Aug. 8, 1953, ch. 397, Sec. 18(b), 67 Stat. 517, related

to entry of antique furniture at designated ports.

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 Sec. 1490 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1490. General orders

-STATUTE-

(a) Incomplete entry

(1) Whenever -

(A) the entry of any imported merchandise is not made within

the time provided by law or by regulation prescribed by the

Secretary;

(B) the entry of imported merchandise is incomplete because of

failure to pay the estimated duties, fees, or interest;

(C) in the opinion of the Customs Service, the entry of

imported merchandise cannot be made for want of proper documents

or other cause; or

(D) the Customs Service believes that any merchandise is not

correctly and legally invoiced;

the carrier (unless subject to subsection (c) of this section)

shall notify the bonded warehouse of such unentered merchandise.

(2) After notification under paragraph (1), the bonded warehouse

shall arrange for the transportation and storage of the merchandise

at the risk and expense of the consignee. The merchandise shall

remain in the bonded warehouse until -

(A) entry is made or completed and the proper documents are

produced;

(B) the information and data necessary for entry are

transmitted to the Customs Service pursuant to an authorized

electronic data interchange system; or

(C) a bond is given for the production of documents or the

transmittal of data.

(b) Request for possession by Customs

At the request of the consignee of any merchandise, or of the

owner or master of the vessel or the person in charge of the

vehicle in which the same is imported, any merchandise may be taken

possession of by the Customs Service after the expiration of one

day after the entry of the vessel or report of the vehicle and may

be unladen and held at the risk and expense of the consignee until

entry thereof is made.

(c) Government merchandise

Any imported merchandise that -

(1) is described in any of subparagraphs (A) through (D) of

subsection (a)(1) of this section; and

(2) is consigned to, or owned by, the United States Government;

shall be stored and disposed of in accordance with such rules and

procedures as the Secretary shall by regulation prescribe.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 490, 46 Stat. 726; Pub. L.

91-271, title III, Sec. 301(b), June 2, 1970, 84 Stat. 287; Pub. L.

103-182, title VI, Sec. 658, Dec. 8, 1993, 107 Stat. 2212; Pub. L.

104-295, Sec. 21(e)(9), Oct. 11, 1996, 110 Stat. 3531.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 490, 42 Stat. 963. That

section was superseded by section 490 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Prior provisions authorizing the collector to take possession of,

or store merchandise were contained in the following sections, all

of which were repealed by act Sept. 21, 1922, ch. 356, title IV,

Sec. 642, 42 Stat. 989:

R.S. Sec. 2789, authorizing the collector, when an entry was

imperfect, to take the merchandise into his custody until the

quantity, quality, or value could be ascertained;

R.S. Sec. 2840, providing that when the collector should suspect

that merchandise was not invoiced at a sum equal to that for which

it had usually been sold, he should take possession and retain the

same until its value had been ascertained and the duties paid or

secured;

R.S. Sec. 2926, providing that merchandise of which incomplete

entry had been made, or entry without specification of particulars,

should be conveyed to some warehouse or designated by the collector

to remain until the particulars, cost or value should have been

ascertained, and the duties paid or secured, and a permit for

delivery granted;

R.S. Sec. 2963, providing that when merchandise had not been

entered it should be deposited in a public warehouse, and there

remain until an invoice was produced, but that it should not be

construed to prohibit sales of merchandise to discharge duties and

charges;

R.S. Sec. 2964, authorizing the collector to take possession of

merchandise, and deposit it in public stores, or other stores to be

agreed on, in case of failure or neglect to pay duties, or when the

owner, etc., should make entry for warehousing;

R.S. Sec. 2965, providing for the storage in a public warehouse,

or private bonded warehouse, of unclaimed merchandise required to

be taken possession of by collectors, and making provision for

payment of charges and expenses;

R.S. Sec. 2966, as amended by act June 26, 1884, ch. 121, Sec.

24, 23 Stat. 58, providing for the deposit in a bonded warehouse of

merchandise imported in vessels, when it should appear by the bills

of lading that it was to be delivered immediately after entry of

the vessel, or on request, when it did not so appear.

A prior provision authorizing the collector to require a bond for

the production of proof to enable the collector to ascertain the

class or description of manufacture, or rate of duty to which

merchandise was liable, was contained in R.S. Sec. 2925, which was

also repealed by act Sept. 21, 1922, ch. 356, title IV, Sec. 642,

42 Stat. 989.

AMENDMENTS

1996 - Subsec. (c)(1). Pub. L. 104-295 substituted

''subparagraphs (A) through (D) of subsection (a)(1)'' for

''paragraphs (1) through (4) of subsection (a)''.

1993 - Subsec. (a). Pub. L. 103-182, Sec. 658(1), amended subsec.

(a) generally. Prior to amendment, subsec. (a) read as follows:

''Whenever entry of any imported merchandise is not made within the

time provided by law or the regulations prescribed by the Secretary

of the Treasury, or whenever entry of such merchandise is

incomplete because of failure to pay the estimated duties, or

whenever, in the opinion of the appropriate customs officer, entry

of such merchandise can not be made for want of proper documents or

other cause, or whenever the appropriate customs officer believes

that any merchandise is not correctly and legally invoiced, he

shall take the merchandise into his custody and send it to a bonded

warehouse or public store, to be held at the risk and expense of

the consignee until entry is made or completed and the proper

documents are produced, or a bond given for their production.''

Subsec. (b). Pub. L. 103-182, Sec. 658(2), substituted heading

for one which read ''At request of consignee'' and in text

substituted ''Customs Service'' for ''appropriate customs

officer''.

Subsec. (c). Pub. L. 103-182, Sec. 658(3), added subsec. (c).

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

customs officer for references to collector wherever appearing.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1448, 1484, 1491 of this

title.

-CITE-

19 USC Sec. 1491 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1491. Unclaimed merchandise; disposition of forfeited

distilled spirits, wines and malt liquor

-STATUTE-

(a) Appraisal and sale of unclaimed merchandise

Any entered or unentered merchandise (except merchandise entered

under section 1557 of this title, but including merchandise entered

for transportation in bond or for exportation) which shall remain

in a bonded warehouse pursuant to section 1490 of this title for 6

months from the date of importation thereof, without all estimated

duties, taxes, fees, interest, storage, or other charges thereon

having been paid, shall be considered unclaimed and abandoned to

the Government and shall be appraised and sold by the Customs

Service at public auction under such regulations as the Secretary

of the Treasury shall prescribe. All gunpowder and other explosive

substances and merchandise liable to depreciation in value by

damage, leakage, or other cause to such extent that the proceeds of

sale thereof may be insufficient to pay the duties, taxes, fees,

interest, storage, and other charges, if permitted to remain in

(FOOTNOTE 1) pursuant to section 1490 of this title in a bonded

warehouse for 6 months, may be sold forthwith, under such

regulations as the Secretary of the Treasury may prescribe.

Merchandise subject to sale hereunder or under section 1559 of this

title may be entered or withdrawn for consumption at any time prior

to such sale upon payment of all duties, taxes, fees, interest,

storage, and other charges, and expenses that may have accrued

thereon, but such merchandise after becoming subject to sale may

not be exported prior to sale without the payment of such duties,

taxes, fees, interest, charges, and expenses nor may it be entered

for warehouse. The computation of duties, taxes, interest, and

fees for the purposes of this section and sections 1493 and 1559 of

this title shall be at the rate or rates applicable at the time the

merchandise becomes subject to sale.

(FOOTNOTE 1) So in original. The word ''in'' probably should

not appear.

(b) Notice of title vesting in United States

At the end of the 6-month period referred to in subsection (a) of

this section, the Customs Service may, in lieu of sale of the

merchandise, provide notice to all known interested parties that

the title to such merchandise shall be considered to vest in the

United States free and clear of any liens or encumbrances, on the

30th day after the date of the notice unless, before such 30th day

-

(1) the subject merchandise is entered or withdrawn for

consumption; and

(2) payment is made of all duties, taxes, fees, transfer and

storage charges, and other expenses that may have accrued

thereon.

(c) Retention, transfer, destruction, or other disposition

If title to any merchandise vests in the United States by

operation of subsection (b) of this section, such merchandise may

be retained by the Customs Service for official use, transferred to

any other Federal agency or to any State or local agency,

destroyed, or otherwise disposed of in accordance with such

regulations as the Secretary shall prescribe. All transfer and

storage charges or expenses accruing on retained or transferred

merchandise shall be paid by the receiving agency.

(d) Petition

Whenever any party, having lost a substantial interest in

merchandise by virtue of title vesting in the United States under

subsection (b) of this section, can establish such title or

interest to the satisfaction of the Secretary within 30 days after

the day on which title vests in the United States under subsection

(b) of this section, or can establish to the satisfaction of the

Secretary that the party did not receive notice under subsection

(b) of this section, the Secretary may, upon receipt of a timely

and proper petition and upon finding that the facts and

circumstances warrant, pay such party out of the Treasury of the

United States the amount the Secretary believes the party would

have received under section 1493 of this title had the merchandise

been sold and a proper claim filed. The decision of the Secretary

with respect to any such petition is final and conclusive on all

parties.

(e) Appraisal and sale or other disposition of forfeited distilled

spirits, wines, and malt liquor

All distilled spirits, wines, and malt liquor forfeited to the

Government summarily or by order of court, under any provision of

law administered by the United States Customs Service, shall be

appraised and disposed of by -

(1) delivery to such Government agencies, as in the opinion of

the Secretary have a need for such distilled spirits, wines, and

malt liquor for medical, scientific, or mechanical purposes, or

for any other official purpose for which appropriated funds may

be expended by a Government agency:

(2) gifts to such eleemosynary institutions as, in the opinion

of the Secretary, have a need for such distilled spirits, wines,

and malt liquor for medical purposes;

(3) sale by Customs Service at public auction under such

regulations as the Secretary shall prescribe, except that before

making any such sale the Secretary shall determine that no

Government agency or eleemosynary institution has established a

need for such spirits, wines, and malt liquor under paragraph (1)

or (2); or

(4) destruction.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 491, 46 Stat. 726; June 25,

1938, ch. 679, Sec. 14, 52 Stat. 1083; Pub. L. 91-271, title III,

Sec. 301(j), June 2, 1970, 84 Stat. 289; Pub. L. 95-410, title II,

Sec. 208, Oct. 3, 1978, 92 Stat. 901; Pub. L. 103-182, title VI,

Sec. 659, Dec. 8, 1993, 107 Stat. 2213; Pub. L. 104-295, Sec.

21(e)(8), Oct. 11, 1996, 110 Stat. 3531.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

R.S. Sec. 2973, 2975 and 2976, all of which were superseded by act

Sept. 21, 1922, ch. 356, title IV, Sec. 491, 42 Stat. 963, and

repealed by section 642 thereof. Section 491 of the 1922 act was

superseded by section 491 of act June 17, 1930, comprising this

section, and repealed by section 651(a)(1) of the 1930 act.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-295 substituted ''in a bonded

warehouse pursuant to section 1490'' for ''in in a bonded warehouse

pursuant to section 1490'' and ''Customs Service'' for

''appropriate customs officer''.

1993 - Subsec. (a). Pub. L. 103-182, Sec. 659(1), substituted

''in a bonded warehouse pursuant to section 1490 of this title for

6 months'' for ''customs custody for one year'', ''estimated

duties, taxes, fees, interest, storage,'' for ''estimated duties

and storage'', ''duties, taxes, fees, interest, storage, and other

charges, if permitted'' for ''duties, storage, and other charges,

if permitted'', ''pursuant to section 1490 of this title in a

bonded warehouse for 6 months'' for ''public store or bonded

warehouse for a period of one year'', ''duties, taxes, fees,

interest, storage, and other charges'' for ''duties, storage, and

other charges'', ''duties, taxes, fees, interest, charges, and

expenses'' for ''duties, charges, and expenses'', and ''computation

of duties, taxes, interest, and fees for the purposes'' for

''computation of duties for the purposes''.

Subsecs. (b) to (d). Pub. L. 103-182, Sec. 659(2), added subsecs.

(b) to (d). Former subsec. (b) redesignated (e).

Subsec. (e). Pub. L. 103-182, Sec. 659(2), (3), redesignated

subsec. (b) as (e) and substituted ''Customs Service'' for

''appropriate customs officer'' in par. (3).

1978 - Pub. L. 95-410 amended section catchline, designated

existing provisions as subsec. (a), and added subsec. (b).

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

customs officer for reference to collector, and struck out

reference to appraiser of merchandise.

1938 - Act June 25, 1938, amended generally so much of this

section as preceded ''shall be considered unclaimed and

abandoned''.

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.

EFFECTIVE DATE OF 1938 AMENDMENT

Amendment by act June 25, 1938, effective on thirtieth day

following June 25, 1938, except as otherwise specifically provided,

see section 37 of act June 25, 1938, set out as a note under

section 1401 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.

-MISC5-

EXTENSION OF ONE-YEAR PERIOD

For extension of one year period prescribed in this section, see

Proc. No. 2948, Oct. 12, 1951, 16 F.R. 10589, 65 Stat. c41, set out

as a note under section 1318 of this title.

Proc. No. 2599, Nov. 6, 1943, 8 F.R. 15359, 57 Stat. 758, as

amended by Proc. No. 2712, Dec. 4, 1946, 11 F.R. 14133, 61 Stat.

1947, was superseded by Proc. No. 2948, Oct. 12, 1951, 16 F.R.

10589, 65 Stat. c41.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1493, 1753 of this title.

-CITE-

19 USC Sec. 1492 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1492. Destruction of abandoned or forfeited merchandise

-STATUTE-

Except as provided in R.S. Sec. 3369 (relating to tobacco and

snuff), and in section 901 of the Revenue Act of 1926 (relating to

distilled spirits), any merchandise abandoned or forfeited to the

Government under the preceding or any other provision of the

customs laws, which is subject to internal revenue tax and which

the Customs Service shall be satisfied will not sell for a

sufficient amount to pay such taxes, shall be forthwith destroyed,

retained for official use, or otherwise disposed of under

regulations to be prescribed by the Secretary of the Treasury,

instead of being sold at auction.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 492, 46 Stat. 727; Pub. L.

91-271, title III, Sec. 301(b), June 2, 1970, 84 Stat. 287; Pub. L.

103-182, title VI, Sec. 660, Dec. 8, 1993, 107 Stat. 2214.)

-REFTEXT-

REFERENCES IN TEXT

R.S. Sec. 3369, referred to in text, is covered by sections

5723(a) and 5753 of Title 26, Internal Revenue Code.

Section 901 of Revenue Act of 1926, referred to in text, is

covered by section 5243 of Title 26.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 492, 42 Stat. 963. That

section was superseded by section 492 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Prior to its incorporation into the Code, this section read:

''Except as provided in section 3369 of the Revised Statutes, as

amended,'' etc. R.S. Sec. 3369, as amended by act Oct. 14, 1921,

ch. 107, 42 Stat. 205, related in part to abandoned, condemned or

forfeited tobacco, snuff, cigars, or cigarettes, which would not

bring a price equal to the internal revenue tax thereon. So far as

it related to tobacco and snuff, it was incorporated into the Code

as sections 702(a)(1), 803(a)(1), (c), (d), and 890, of Title 26,

Internal Revenue Code, and so far as it applied to cigars and

cigarettes, it was incorporated into the Code as sections 812(d)(2)

and 890, of Title 26.

AMENDMENTS

1993 - Pub. L. 103-182 substituted ''Customs Service'' for

''appropriate customs officer'' and inserted '', retained for

official use, or otherwise disposed of'' after ''destroyed''.

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

customs officer for reference to 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

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1753 of this title.

-CITE-

19 USC Sec. 1493 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1493. Proceeds of sale

-STATUTE-

The surplus of the proceeds of sales under section 1491 of this

title, after the payment of storage charges, expenses, duties,

taxes, and fees, and the satisfaction of any lien for freight,

charges, or contribution in general average, shall be deposited in

the Treasury of the United States, if claim therefor shall not be

filed with the Customs Service within ten days from the date of

sale, and the sale of such merchandise shall exonerate the master

of any vessel in which the merchandise was imported from all claims

of the owner thereof, who shall, nevertheless, on due proof of his

interest, be entitled to receive from the Treasury the amount of

any surplus of the proceeds of sale.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 493, 46 Stat. 727; Pub. L.

91-271, title III, Sec. 301(e), June 2, 1970, 84 Stat. 288; Pub. L.

103-182, title VI, Sec. 661, Dec. 8, 1993, 107 Stat. 2214.)

-MISC1-

PRIOR PROVISIONS

Provisions substantially similar in most respects to those in

this section, with further provisions concerning the documents to

be forwarded by the collector to the Treasury Department, were

contained in R.S. Sec. 2974, which was superseded and more nearly

assimilated to the present section by act Sept. 21, 1922, ch. 356,

title IV, Sec. 493, 42 Stat. 964, and repealed by section 642

thereof. Section 493 of the 1922 act was superseded by section 493

of act June 17, 1930, comprising this section, and repealed by

section 651(a)(1) of the 1930 act.

AMENDMENTS

1993 - Pub. L. 103-182 inserted ''taxes, and fees,'' after

''duties,'', struck out ''by the appropriate customs officer''

after ''shall be deposited'', and substituted ''the Customs

Service'' for ''such customs officer''.

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

customs officer or such customs officer for references to collector

wherever appearing.

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.

-MISC5-

APPROPRIATIONS

Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was

classified to section 725a of former Title 31, Money and Finance,

repealed the permanent appropriation under the title ''Refunding

proceeds of unclaimed merchandise (Customs) (2x326)'' effective

July 1, 1935, and provided that such portions of any Acts as make

permanent appropriations to be expended under such account are

amended so as to authorize, in lieu thereof, annual appropriations

from the general fund of the Treasury in identical terms and in

such amounts as now provided by the laws providing such permanent

appropriations.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1491, 1559, 1753 of this

title.

-CITE-

19 USC Sec. 1494 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1494. Expense of weighing and measuring

-STATUTE-

In all cases in which the invoice or entry does not state the

weight, quantity, or measure of the merchandise, the expense of

ascertaining the same shall be collected from the importer of

record before its release from customs custody.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 494, 46 Stat. 727; Pub. L.

97-446, title II, Sec. 201(e), Jan. 12, 1983, 96 Stat. 2350.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 494, 42 Stat. 964. That

section was superseded by section 494 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

A prior provision requiring merchandise to be weighed, gauged or

measured at the expense of the owner, agent or consignee, in cases

in which the invoice or entry did not contain the weight, quantity

or measure was contained in R.S. Sec. 2920, prior to repeal by act

Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42 Stat. 989.

AMENDMENTS

1983 - Pub. L. 97-446 substituted ''importer of record'' for

''consignee'' after ''collected from the''.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 97-446 applicable with respect to

merchandise entered on and after 30th day after Jan. 12, 1983, see

section 201(g) of Pub. L. 97-446, set out as a note under section

1484 of this title.

-CITE-

19 USC Sec. 1495 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1495. Partnership bond

-STATUTE-

When any bond is required by law or regulations to be executed by

any partnership for any purpose connected with the transaction of

business at any customhouse, the execution of such bond by any

member of such partnership shall bind the other partners in like

manner and to the same extent as if such other partners had

personally joined in the execution, and an action or suit may be

instituted on such bond against all partners as if all had executed

the same.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 495, 46 Stat. 727.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 495, 42 Stat. 964. That

section was superseded by section 495 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Provisions substantially similar to those in this section, except

that they applied to bonds for the payment of duties or for any

other purpose connected with the general transaction of business at

any customs house, were contained in act June 20, 1876, ch. 136, 19

Stat. 60, as amended by act Aug. 27, 1894, ch. 349, Sec. 70, 28

Stat. 569, prior to repeal by act Sept. 21, 1922, ch. 356, title

IV, Sec. 643, 42 Stat. 989.

-CITE-

19 USC Sec. 1496 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1496. Examination of baggage

-STATUTE-

The appropriate customs officer may cause an examination to be

made of the baggage of any person arriving in the United States in

order to ascertain what articles are contained therein and whether

subject to duty, free of duty, or prohibited notwithstanding a

declaration and entry therefor has been made.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 496, 46 Stat. 727; Pub. L.

91-271, title III, Sec. 301(b), June 2, 1970, 84 Stat. 287.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 496, 42 Stat. 964. That

section was superseded by section 496 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

AMENDMENTS

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

customs officer for reference to 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.

-CITE-

19 USC Sec. 1496a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1496a. Clearance restrictions of individuals returning from

abroad; special circumstances; ''baggage and effects'' defined

-STATUTE-

Except as otherwise provided by law, no individual returning to

the United States from abroad shall be -

(1) entitled to the admission of his or her baggage and effects

free of duty without entry; or

(2) entitled to expedited customs examination and clearance of

his or her baggage and effects.

Paragraph (2) shall not apply to individuals in special

circumstances (including being seriously ill or infirm, having been

summoned by news of affliction or disaster, and accompanying the

body of a deceased relative). For purposes of this section, the

term ''baggage and effects'' means any article which was in the

possession of the individual while abroad and is being imported in

connection with his or her arrival and is intended for his or her

bona fide personal or household use. Such term does not include

any article imported as an accommodation to others or for sale or

other commercial use.

-SOURCE-

(Pub. L. 95-410, title II, Sec. 215, Oct. 3, 1978, 92 Stat. 904.)

-COD-

CODIFICATION

Section was enacted as part of Customs Procedural Reform and

Simplification Act of 1978, and not as part of Tariff Act of 1930

which comprises this chapter.

-MISC3-

CLEARANCE PROCEDURES STUDY; REPORT TO CONGRESSIONAL COMMITTEES

Section 216 of Pub. L. 95-410 provided that the Comptroller

General, in cooperation with the Customs Service of the Department

of the Treasury and the Immigration and Naturalization Service of

the Department of Justice, study clearance procedures for

individuals entering or reentering the United States, and to report

the results of his study and any recommendations for expediting the

clearance process to specific committees of the United States

Senate and the House of Representatives not later than Sept. 1,

1979.

-CITE-

19 USC Sec. 1497 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1497. Penalties for failure to declare

-STATUTE-

(a) In general

(1) Any article which -

(A) is not included in the declaration and entry as made or

transmitted; and

(B) is not mentioned before examination of the baggage begins -

(i) in writing by such person, if written declaration and

entry was required, or

(ii) orally, if written declaration and entry was not

required;

shall be subject to forfeiture and such person shall be liable for

a penalty determined under paragraph (2) with respect to such

article.

(2) The amount of the penalty imposed under paragraph (1) with

respect to any article is equal to -

(A) if the article is a controlled substance, either $500 or an

amount equal to 1,000 percent of the value of the article,

whichever amount is greater; and

(B) if the article is not a controlled substance, the value of

the article.

(b) Value of controlled substances

(1) Notwithstanding any other provision of this chapter, the

value of any controlled substance shall, for purposes of this

section, be equal to the amount determined by the Secretary in

consultation with the Attorney General of the United States, to be

equal to the price at which such controlled substance is likely to

be illegally sold to the consumer of such controlled substance.

(2) The Secretary and the Attorney General of the United States

shall establish a method of determining the price at which each

controlled substance is likely to be illegally sold to the consumer

of such controlled substance.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 497, 46 Stat. 728; Pub. L.

99-570, title III, Sec. 3116, Oct. 27, 1986, 100 Stat. 3207-83;

Pub. L. 100-690, title VII, Sec. 7367(a), Nov. 18, 1988, 102 Stat.

4479; Pub. L. 103-182, title VI, Sec. 612, Dec. 8, 1993, 107 Stat.

2170.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 497, 42 Stat. 964. That

section was superseded by section 497 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

A prior provision for forfeiture of any article subject to duty

found in baggage, and not mentioned to the collector before whom

entry was made, and for a penalty of treble the value of the

article, was contained in R.S. Sec. 2802, prior to repeal by act

Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42 Stat. 989.

AMENDMENTS

1993 - Subsec. (a)(1)(A). Pub. L. 103-182, Sec. 612(1), inserted

''or transmitted'' after ''made''.

Subsec. (a)(2)(A). Pub. L. 103-182, Sec. 612(2), amended subpar.

(A) generally. Prior to amendment, subpar. (A) read as follows:

''if the article is a controlled substance, 1,000 percent of the

value of the article; and''.

1988 - Subsec. (a)(2)(A). Pub. L. 100-690 substituted ''1,000

percent'' for ''200 percent''.

1986 - Pub. L. 99-570 amended section generally. Prior to

amendment, section read as follows: ''Any article not included in

the declaration and entry as made, and, before examination of the

baggage was begun, not mentioned in writing by such person, if

written declaration and entry was required, or orally if written

declaration and entry was not required, shall be subject to

forfeiture and such person shall be liable to a penalty equal to

the value of such article.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1590 of this title.

-CITE-

19 USC Sec. 1498 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1498. Entry under regulations

-STATUTE-

(a) Authorized for certain merchandise

The Secretary of the Treasury is authorized to prescribe rules

and regulations for the declaration and entry of -

(1) Merchandise, when -

(A) the aggregate value of the shipment does not exceed an

amount specified by the Secretary by regulation, but not more

than $2,500; or

(B) different commercial facilitation and risk considerations

that may vary for different classes or kinds of merchandise or

different classes of transactions may dictate;

(2) Products of the United States, when the aggregate value of

the shipment does not exceed such amounts as the Secretary may

prescribe and the products are imported.

(A) for the purposes of repair or alteration prior to

reexportation, or

(B) after having been either rejected or returned by the

foreign purchaser to the United States for credit;

(3) Merchandise damaged on the voyage of importation, by fire

or through marine casualty or any other cause, without fault on

the part of the shipper;

(4) Merchandise recovered from a wrecked or stranded vessel;

(5) Household effects used abroad and personal effects, not

imported in pursuance of a purchase or agreement for purchase and

not intended for sale;

(6) Articles sent by persons in foreign countries as gifts to

persons in the United States;

(7) Articles carried on the person or contained in the baggage

of a person arriving in the United States;

(8) Tools of trade of a person arriving in the United States;

(9) Personal effects of citizens of the United States who have

died in a foreign country;

(10) Merchandise within the provisions of sections 1465

(FOOTNOTE 1) and 1466 of this title (relating to supplies,

repairs, and equipment on vessels and railway cars) at the first

port of arrival;

(FOOTNOTE 1) See References in Text note below.

(11) Merchandise when in the opinion of the Secretary of the

Treasury the value thereof cannot be declared; and

(12) Merchandise within the provisions of paragraph 1631 of

section 1201 of this title.

(b) Application of general provisions

The Secretary of the Treasury is authorized to include in such

rules and regulations any of the provisions of section 1484 or 1485

of this title (relating, respectively, to entry and to declaration

of merchandise generally).

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 498, 46 Stat. 728; Aug. 8,

1953, ch. 397, Sec. 16(d), (e), 67 Stat. 517; Pub. L. 96-609, title

II, Sec. 202, Dec. 28, 1980, 94 Stat. 3561; Pub. L. 98-573, title

II, Sec. 206, Oct. 30, 1984, 98 Stat. 2975; Pub. L. 100-418, title

I, Sec. 1214(h)(5), Aug. 23, 1988, 102 Stat. 1157; Pub. L. 103-182,

title VI, Sec. 662, Dec. 8, 1993, 107 Stat. 2214.)

-REFTEXT-

REFERENCES IN TEXT

Section 1465 of this title, referred to in subsec. (a)(10), was

repealed by Pub. L. 103-182, title VI, Sec. 690(b)(7), Dec. 8,

1993, 107 Stat. 2223.

Section 1201 of this title, referred to in subsec. (a)(12), which

comprised the free list for articles imported into the United

States, was repealed by Pub. L. 87-456, title I, Sec. 101(a), May

24, 1962, 76 Stat. 72, which act also revised the Tariff Schedules

of the United States. See notes under section 1202 of this title.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 498, 42 Stat. 964. That

section was superseded by section 498 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Provision for an entry, separate from that of other merchandise,

of wearing apparel, personal baggage, and tools and implements of a

mechanical trade, was made by R.S. Sec. 2799, which also prescribed

the contents of such entry, and of the accompanying oath. R.S.

Sec. 2800 provided for a bond when the person making entry was not

the owner. R.S. Sec. 2801 provided for a landing permit, and for

an examination of baggage when deemed proper by the collector and

naval officer, and for entry of articles not exempt from duty. All

of these sections were repealed by act Sept. 21, 1922, ch. 356,

title IV, Sec. 642, 42 Stat. 989.

AMENDMENTS

1993 - Subsec. (a)(1). Pub. L. 103-182, Sec. 662(1), amended par.

(1) generally. Prior to amendment, par. (1) read as follows:

''Merchandise, imported in the mails or otherwise, when the

aggregate value of the shipment does not exceed such amount, not

greater than $1,250 as the Secretary of the Treasury shall specify

in the regulations, and the specified amount may vary for different

classes or kinds of merchandise or different classes of

transactions, except that this paragraph does not apply to articles

valued in excess of $250 classified in -

''(A) chapters 50 through 63;

''(B) chapters 39 through 43, 61 through 65, 67 and 95; and

''(C) subchapters III and IV of chapter 99;

of the Harmonized Tariff Schedule of the United States, or to any

other article for which formal entry is required without regard to

value.;''.

Subsec. (a)(2). Pub. L. 103-182, Sec. 662(2), substituted ''such

amounts as the Secretary may prescribe'' for ''$10,000'' in

introductory provisions.

1988 - Subsec. (a)(1). Pub. L. 100-418, substituted ''the

Harmonized Tariff Schedule of the United States'' for ''the Tariff

Schedules of the United States'' in closing provisions, added

subpars. (A) to (C), and struck out former subpars. (A) to (C)

which read as follows:

''(A) schedule 3,

''(B) parts 1, 4A, 7B, 12A, 12D, and 13B of schedule 7, and

''(C) parts 2 and 3 of the Appendix,''.

1984 - Subsec. (a)(1). Pub. L. 98-573 substituted ''$1,250'' for

''$250'' and inserted provision that this paragraph does not apply

to articles valued in excess of $250 classified in schedule 3,

parts 1, 4A, 7B, 12A, 12D, and 13B of schedule 7, and parts 2 and 3

of the Appendix, of the Tariff Schedules, or to any other article

for which formal entry is required without regard to value.

1980 - Subsec. (a). Pub. L. 96-609 added par. (2) and

redesignated former pars. (2) to (11) as (3) to (12), respectively.

1953 - Subsec. (a)(1). Act Aug. 8, 1953, Sec. 16(d), increased

valuation figure with respect to informal entries from $100 to

$250, and inserted provisions with respect to possible variation

for different classes or kinds of merchandise and different classes

of transactions.

Subsec. (a)(11). Act Aug. 8, 1953, Sec. 16(e), substituted

''paragraph 1631 of section 1201 of this title'' for ''sections 472

to 574 of this title''.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and

applicable with respect to articles entered on or after such date,

see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective

Date note under section 3001 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective on 15th day after Oct. 30,

1984, see section 214(a), (b) of Pub. L. 98-573, set out as a note

under section 1304 of this title.

EFFECTIVE DATE OF 1953 AMENDMENT; SAVINGS PROVISION

Amendment by act Aug. 8, 1953, effective on and after thirtieth

day following Aug. 8, 1953, and savings provision, see notes set

out under section 1304 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 58c, 1484 of this title.

-CITE-

19 USC Sec. 1499 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1499. Examination of merchandise

-STATUTE-

(a) Entry examination

(1) In general

Imported merchandise that is required by law or regulation to

be inspected, examined, or appraised shall not be delivered from

customs custody (except under such bond or other security as may

be prescribed by the Secretary to assure compliance with all

applicable laws, regulations, and instructions which the

Secretary or the Customs Service is authorized to enforce) until

the merchandise has been inspected, appraised, or examined and is

reported by the Customs Service to have been truly and correctly

invoiced and found to comply with the requirements of the laws of

the United States.

(2) Examination

The Customs Service -

(A) shall designate the packages or quantities of merchandise

covered by any invoice or entry which are to be opened and

examined for the purpose of appraisement or otherwise;

(B) shall order such packages or quantities to be sent to

such place as is designated by the Secretary by regulation for

such purpose;

(C) may require such additional packages or quantities as the

Secretary considers necessary for such purpose; and

(D) shall inspect a sufficient number of shipments, and shall

examine a sufficient number of entries, to ensure compliance

with the laws enforced by the Customs Service.

(3) Unspecified articles

If any package contains any article not specified in the

invoice or entry and, in the opinion of the Customs Service, the

article was omitted from the invoice or entry -

(A) with fraudulent intent on the part of the seller,

shipper, owner, agent, importer of record, or entry filer, the

contents of the entire package in which such article is found

shall be subject to seizure; or

(B) without fraudulent intent, the value of the article shall

be added to the entry and the duties, fees, and taxes thereon

paid accordingly.

(4) Deficiency

If a deficiency is found in quantity, weight, or measure in the

examination of any package, the person finding the deficiency

shall make a report thereof to the Customs Service. The Customs

Service shall make allowance for the deficiency in the

liquidation of duties.

(5) Information required for release

If an examination is conducted, any information required for

release shall be provided, either electronically or in paper

form, to the Customs Service at the port of examination. The

absence of such information does not limit the authority of the

Customs Service to conduct an examination.

(b) Testing laboratories

(1) Accreditation of private testing laboratories

The Customs Service shall establish and implement a procedure,

under regulations promulgated by the Secretary, for accrediting

private laboratories within the United States which may be used

to perform tests (that would otherwise be performed by Customs

Service laboratories) to establish the characteristics,

quantities, or composition of imported merchandise. Such

regulations -

(A) shall establish the conditions required for the

laboratories to receive and maintain accreditation for purposes

of this subsection;

(B) shall establish the conditions regarding the suspension

and revocation of accreditation, which may include the

imposition of a monetary penalty not to exceed $100,000 and

such penalty is in addition to the recovery, from a gauger or

laboratory accredited under paragraph (1), of any loss of

revenue that may have occurred, but the Customs Service -

(i) may seek to recover lost revenue only in cases where

the gauger or laboratory intentionally falsified the analysis

or gauging report in collusion with the importer; and

(ii) shall neither assess penalties nor seek to recover

lost revenue because of a good faith difference of

professional opinion; and

(C) may provide for the imposition of a reasonable charge for

accreditation and periodic reaccreditation.

The collection of any charge for accreditation and

reaccreditation under this section is not prohibited by section

58c(e)(6) of this title.

(2) Appeal of adverse accreditation decisions

A laboratory applying for accreditation, or that is accredited,

under this section may contest any decision or order of the

Customs Service denying, suspending, or revoking accreditation,

or imposing a monetary penalty, by commencing an action in

accordance with chapter 169 of title 28 in the Court of

International Trade within 60 days after issuance of the decision

or order.

(3) Testing by accredited laboratories

When requested by an importer of record of merchandise, the

Customs Service shall authorize the release to the importer of a

representative sample of the merchandise for testing, at the

expense of the importer, by a laboratory accredited under

paragraph (1). The testing results from a laboratory accredited

under paragraph (1) that are submitted by an importer of record

with respect to merchandise in an entry shall, in the absence of

testing results obtained from a Customs Service laboratory, be

accepted by the Customs Service if the importer of record

certifies that the sample tested was taken from the merchandise

in the entry. Nothing in this subsection shall be construed to

limit in any way or preclude the authority of the Customs Service

to test or analyze any sample or merchandise independently.

(4) Availability of testing procedure, methodologies, and

information

Testing procedures and methodologies used by the Customs

Service, and information resulting from any testing conducted by

the Customs Service, shall be made available as follows:

(A) Testing procedures and methodologies shall be made

available upon request to any person unless the procedures or

methodologies are -

(i) proprietary to the holder of a copyright or patent

related to such procedures or methodologies, or

(ii) developed by the Customs Service for enforcement

purposes.

(B) Information resulting from testing shall be made

available upon request to the importer of record and any agent

thereof unless the information reveals information which is -

(i) proprietary to the holder of a copyright or patent; or

(ii) developed by the Customs Service for enforcement

purposes.

(5) Miscellaneous provisions

For purposes of this subsection -

(A) any reference to a private laboratory includes a

reference to a private gauger; and

(B) accreditation of private laboratories extends only to the

performance of functions by such laboratories that are within

the scope of those responsibilities for determinations of the

elements relating to admissibility, quantity, composition, or

characteristics of imported merchandise that are vested in, or

delegated to, the Customs Service.

(c) Detentions

Except in the case of merchandise with respect to which the

determination of admissibility is vested in an agency other than

the Customs Service, the following apply:

(1) In general

Within the 5-day period (excluding weekends and holidays)

following the date on which merchandise is presented for customs

examination, the Customs Service shall decide whether to release

or detain the merchandise. Merchandise which is not released

within such 5-day period shall be considered to be detained

merchandise.

(2) Notice of detention

The Customs Service shall issue a notice to the importer or

other party having an interest in detained merchandise no later

than 5 days, excluding weekends and holidays, after the decision

to detain the merchandise is made. The notice shall advise the

importer or other interested party of -

(A) the initiation of the detention;

(B) the specific reason for the detention;

(C) the anticipated length of the detention;

(D) the nature of the tests or inquiries to be conducted; and

(E) the nature of any information which, if supplied to the

Customs Service, may accelerate the disposition of the

detention.

(3) Testing results

Upon request by the importer or other party having an interest

in detained merchandise, the Customs Service shall provide the

party with copies of the results of any testing conducted by the

Customs Service on the merchandise and a description of the

testing procedures and methodologies (unless such procedures or

methodologies are proprietary to the holder of a copyright or

patent or were developed by the Customs Service for enforcement

purposes). The results and test description shall be in

sufficient detail to permit the duplication and analysis of the

testing and the results.

(4) Seizure and forfeiture

If otherwise provided by law, detained merchandise may be

seized and forfeited.

(5) Effect of failure to make determination

(A) The failure by the Customs Service to make a final

determination with respect to the admissibility of detained

merchandise within 30 days after the merchandise has been

presented for customs examination, or such longer period if

specifically authorized by law, shall be treated as a decision of

the Customs Service to exclude the merchandise for purposes of

section 1514(a)(4) of this title.

(B) For purposes of section 1581 of title 28, a protest against

the decision to exclude the merchandise which has not been

allowed or denied in whole or in part before the 30th day after

the day on which the protest was filed shall be treated as having

been denied on such 30th day.

(C) Notwithstanding section 2639 of title 28, once an action

respecting a detention is commenced, unless the Customs Service

establishes by a preponderance of the evidence that an

admissibility decision has not been reached for good cause, the

court shall grant the appropriate relief which may include, but

is not limited to, an order to cancel the detention and release

the merchandise.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 499, 46 Stat. 728; June 25,

1938, ch. 679, Sec. 15, 16(a), 52 Stat. 1084; Pub. L. 91-271, title

III, Sec. 301(k), June 2, 1970, 84 Stat. 289; Pub. L. 103-182,

title VI, Sec. 613(a), Dec. 8, 1993, 107 Stat. 2171.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 499, 42 Stat. 965. That

section was superseded by section 499 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

A prior provision prohibiting delivery of merchandise liable to

be inspected or appraised, until it had been inspected or

appraised, or until the packages sent to be inspected or appraised,

should be found correctly invoiced, and be so reported, with a

further provision as to the taking of bonds conditioned for

delivery of the merchandise, and the forfeiture of such bonds, was

contained in R.S. Sec. 2899.

Provisions substantially similar to those in this section

concerning the number of packages to be examined (not including the

provision for designation of a less number by the Secretary of the

Treasury) and concerning packages found to contain articles not

specified in the invoice, with a further provision for remission of

the forfeiture, were contained in R.S. Sec. 2901.

A prior provision, concerning deficiencies somewhat similar to

that in this section, was contained in R.S. Sec. 2921.

A special provision concerning the number of packages to be

examined and appraised at the port of New York was contained in

R.S. Sec. 2939.

A provision concerning returns by weighers, gaugers, and

measurers, was contained in R.S. Sec. 2890.

All of the foregoing sections of the Revised Statutes were

repealed by act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42

Stat. 989.

AMENDMENTS

1993 - Pub. L. 103-182 amended section generally, substituting

present provisions for provisions which required imported

merchandise to be inspected, examined, appraised, and reported by

appropriate customs officer to have been truly and correctly

invoiced and found to comply with requirements of laws of the

United States prior to release of such merchandise from customs

custody.

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

customs officer or such officer for references to collector or

appraiser wherever appearing, and struck out references to duties

of appraiser.

1938 - Act June 25, 1938, amended section generally and among

other changes inserted provision relating to invalidity of

appraisements made after effective date of Customs Administrative

Act of 1938.

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.

EFFECTIVE DATE OF 1938 AMENDMENT

Amendment by act June 25, 1938, effective on thirtieth day

following June 25, 1938, except as otherwise specifically provided,

see section 37 of act June 25, 1938, set out as a note under

section 1401 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 other 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 such 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.

-MISC5-

EXISTING LABORATORIES

Section Sec. 613(b) of Pub. L. 103-182 provided that:

''Accreditation under section 499(b) of the Tariff Act of 1930 (19

U.S.C. 1499(b)) (as added by subsection (a)) is not required for

any private laboratory (including any gauger) that was accredited

or approved by the Customs Service as of the day before the date of

the enactment of this Act (Dec. 8, 1993); but any such laboratory

is subject to reaccreditation under the provisions of such section

and the regulations promulgated thereunder.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1595a of this title; title

15 section 1198; title 28 sections 1581, 2631, 2636, 2640, 2642.

-CITE-

19 USC Sec. 1500 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1500. Appraisement, classification, and liquidation procedure

-STATUTE-

The Customs Service shall, under rules and regulations prescribed

by the Secretary -

(a) fix the final appraisement of merchandise by ascertaining

or estimating the value thereof, under section 1401a of this

title, by all reasonable ways and means in his power, any

statement of cost or costs of production in any invoice,

affidavit, declaration, other document to the contrary

notwithstanding;

(b) fix the final classification and rate of duty applicable to

such merchandise;

(c) fix the final amount of duty to be paid on such merchandise

and determine any increased or additional duties, taxes, and fees

due or any excess of duties, taxes, and fees deposited;

(d) liquidate the entry and reconciliation, if any, of such

merchandise; and

(e) give or transmit, pursuant to an electronic data

interchange system, notice of such liquidation to the importer,

his consignee, or agent in such form and manner as the Secretary

shall by regulation prescribe.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 500, 46 Stat. 729; Aug. 2,

1956, ch. 887, Sec. 4(b), 70 Stat. 948; Pub. L. 91-271, title II,

Sec. 204(a), June 2, 1970, 84 Stat. 283; Pub. L. 96-39, title II,

Sec. 202(a)(4), July 26, 1979, 93 Stat. 202; Pub. L. 103-182, title

VI, Sec. 638, Dec. 8, 1993, 107 Stat. 2203.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 500, 42 Stat. 965. That

section was superseded by section 500 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Provisions dealing with the subject matter of subdivision (a) of

this section were contained in act Oct. 3, 1913, ch. 16, Sec. III,

K, 38 Stat. 185, reenacting without change the provisions of the

Customs Administrative Act of June 10, 1890, ch. 407, Sec. 10, 26

Stat. 136, as reenacted by the Payne-Aldrich Tariff Act of Aug. 5,

1909, ch. 6, Sec. 28, 36 Stat. 97. A provision somewhat similar to

subdivision (a)(5) of this section was contained in section III, M,

of the 1913 act, the provisions of which were substituted for

provisions of the same nature contained in section 13 of the

Customs Administrative Act of June 10, 1890, as amended by the

Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6, Sec. 28, 36 Stat.

99. Said section III of the 1913 act was repealed by act Sept. 21,

1922, ch. 356, title IV, Sec. 643, 42 Stat. 989.

R.S. Sec. 2609, 2610, relative to merchant appraisers, were

superseded by the provisions relating to appraisers and

appraisements in the Customs Administrative Act of June 10, 1890,

ch. 407, 26 Stat. 131, and later acts, and were repealed by act

Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42 Stat. 989.

R.S. Sec. 2902 prescribed the mode of appraisal of merchandise,

prior to repeal by the Customs Administrative Act of June 10, 1890,

ch. 407, Sec. 29, 26 Stat. 141.

R.S. Sec. 2911 required appraisers to adopt the value of the best

article in a package containing articles wholly or in part of wool

or cotton of similar kind but different quality, charged at an

average price, and R.S. Sec. 2912 related to appraisal of wool of

different qualities when imported in the same bale, bag, or

package, and of bales of different qualities when embraced in the

same invoice, prior to repeal by act Sept. 21, 1922, ch. 356, title

IV, Sec. 642, 42 Stat. 989.

R.S. Sec. 2945 imposed a penalty on any merchant chosen by the

collector to make any appraisement required under any act

respecting imports and tonnage, who should, after due notice,

decline or neglect to assess at such appraisement. This section

was repealed by the Customs Administrative Act of June 10, 1890,

ch. 407, Sec. 29, 26 Stat. 141, and was again repealed by act Sept.

21, 1922, ch. 356, title IV, Sec. 642, 42 Stat. 989.

R.S. Sec. 2946 related to the ascertainment of value at ports

where there were no appraisers, prior to repeal by section 642 of

the act of Sept. 21, 1922, ch. 356.

A prior provision similar to subdivision (b) was contained in act

Oct. 3, 1913, ch. 16, Sec. III, M, 38 Stat. 186, the provisions of

which were substitutes for those of the Customs Administrative Act

of June 10, 1890, ch. 407, Sec. 13, 26 Stat. 136, as amended by the

Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6, Sec. 28, 36 Stat.

99. Section III, M, was repealed by act Sept. 21, 1922, ch. 356,

title IV, Sec. 643, 42 Stat. 989.

An earlier provision on the subject was contained in R.S. Sec.

2929, prior to repeal by Customs Administrative Act of June 10,

1890, ch. 407, Sec. 29, 26 Stat. 141.

Somewhat similar to subdivision (d), R.S. Sec. 2943 provided that

one of the assistant appraisers at the port of New York should be

detailed for the supervision of examination of merchandise damaged

on the voyage of importation, and to make examinations and

appraisals and to report, etc. It was repealed, with R.S. Sec.

2927, which provided for appraisal of such goods, and other

sections, by the Customs Administrative Act of June 10, 1890, ch.

407, Sec. 29, 26 Stat. 141, reenacted and designated as section 28

by the Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6, Sec. 28, 36

Stat. 104.

AMENDMENTS

1993 - Pub. L. 103-182, Sec. 638(1), substituted ''The Customs

Service'' for ''The appropriate customs officer'' in introductory

provisions.

Subd. (a). Pub. L. 103-182, Sec. 638(2), substituted ''fix the

final appraisement of'' for ''appraise''.

Subd. (b). Pub. L. 103-182, Sec. 638(3), substituted ''fix the

final'' for ''ascertain the''.

Subd. (c). Pub. L. 103-182, Sec. 638(4), inserted ''final'' after

''fix the'' and '', taxes, and fees'' after ''duties'' in two

places.

Subds. (d) and (e). Pub. L. 103-182, Sec. 638(5), amended subds.

(d) and (e) generally. Prior to amendment, subds. (d) and (e) read

as follows:

''(d) liquidate the entry of such merchandise; and

''(e) give notice of such liquidation to the importer, his

consignee, or agent in such form and manner as the Secretary shall

prescribe in such regulations.''

1979 - Subd. (a). Pub. L. 96-39 substituted ''by ascertaining or

estimating the value thereof, under section 1401a of this title, by

all reasonable ways and means in his power, any statement of cost

or costs of production in any invoice, affidavit, declaration, or

other document'' for ''in the unit of quantity in which the

merchandise is usually bought and sold by ascertaining or

estimating the value thereof by all reasonable ways and means in

his power, any statement of cost or costs of production in any

invoice, affidavit, declaration, or other document''.

1970 - Pub. L. 91-271 struck out ''(a)'' preceding first sentence

and, in such provisions, as so redesignated, substituted provisions

which set forth the customs functions to be performed by the

appropriate customs officer for provisions which set forth the

customs functions to be performed by the appraiser, and struck out

subds. (b) to (f), which allocated specific customs functions to

appraisers, assistant and deputy appraisers, and examiners, and

authorized the designation of acting appraisers where necessary.

1956 - Subd. (f). Act Aug. 2, 1956, struck out ''take the oath,''

before ''perform all the duties'' in second sentence, and struck

out comma after ''perform all duties''.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-39 effective July 1, 1980, see section

204(a) of Pub. L. 96-39, set out as a note under section 1401a of

this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Section 203 of Pub. L. 91-271 provided that: ''Titles II and III

of this Act (see Short Title of 1970 Amendment note set out under

section 1654 of this title) shall take effect with respect to

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

or after October 1, 1970, and such other articles entered or

withdrawn from warehouse for consumption prior to such date, the

appraisement of which has not become final before October 1, 1970,

and for which an appeal for reappraisement has not been timely

filed with the Bureau of Customs (now the United States Customs

Service) before October 1, 1970, or with respect to which a protest

has not been disallowed in whole or in part before October 1,

1970.''

-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 such 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1501, 1503, 1504 of this

title.

-CITE-

19 USC Sec. 1501 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1501. Voluntary reliquidations by Customs Service

-STATUTE-

A liquidation made in accordance with section 1500 of this title

or any reliquidation thereof made in accordance with this section

may be reliquidated in any respect by the Customs Service,

notwithstanding the filing of a protest, within ninety days from

the date on which notice of the original liquidation is given or

transmitted to the importer, his consignee or agent. Notice of

such reliquidation shall be given or transmitted in the manner

prescribed with respect to original liquidations under section

1500(e) of this title.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 501, 46 Stat. 730; June 25,

1938, ch. 679, Sec. 16(b), 52 Stat. 1084; June 25, 1948, ch. 646,

Sec. 25, 39, 62 Stat. 990, 992; Aug. 8, 1953, ch. 397, Sec. 18(c),

67 Stat. 517; Pub. L. 91-271, title II, Sec. 205, June 2, 1970, 84

Stat. 283; Pub. L. 103-182, title VI, Sec. 639, Dec. 8, 1993, 107

Stat. 2203.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 501, 42 Stat. 966. That

section was superseded by section 501 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Prior provisions for appeals to reappraisement and for a further

appeal to be assigned to a board of general appraisers, with

further provisions as to the fee to be paid, the proceedings on

appeal, and the conclusiveness of decisions, were contained in act

Oct. 3, 1913, ch. 16, Sec. III, M, 38 Stat. 186, prior to repeal by

act Sept. 21, 1922, ch. 356, title IV, Sec. 643, 42 Stat. 989.

The provisions of section III, M, of the 1913 act, were

substituted for provisions of the same nature made by the Customs

Administrative Act of June 10, 1890, ch. 407, Sec. 13, 26 Stat.

136, amended by the Payne-Aldrich Tariff Act of Aug. 5, 1909, ch.

6, Sec. 28, 36 Stat. 99.

Provisions similar to some extent to those in section 13 of the

Customs Administrative Act of 1890 were contained in R.S. Sec.

2929, 2930, prior to repeal by section 29 of that Act.

R.S. Sec. 2950 provided that the certificate of the appraiser

should be deemed to be the appraisement. It was superseded by the

provisions relating to appraisers made by the Customs

Administrative Act of June 10, 1890, ch. 407, Sec. 13, amended by

the Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6, Sec. 28, and

the Underwood Tariff Act of Oct. 3, 1913, ch. 16, Sec. III, M, 38

Stat. 186, and was repealed by act Sept. 21, 1922, ch. 356, title

IV, Sec. 642, 42 Stat. 989.

AMENDMENTS

1993 - Pub. L. 103-182 amended section catchline generally,

substituting ''Customs Service'' for ''appropriate customs officer;

notice'', and in text substituted ''the Customs Service'' for ''the

appropriate customs officer on his own initiative'' and inserted

''or transmitted'' after ''given'' in two places.

1970 - Pub. L. 91-271 struck out ''(a)'' preceding first sentence

and, in such provisions, as so redesignated, substituted provisions

authorizing a reliquidation in any respect by the appropriate

customs officer on his own initiative for a liquidation made in

accordance with section 1500 of this title or any reliquidation

thereof made in accordance with this section for provisions setting

forth the procedure for an appeal for a reappraisement by the

collector or the consignee.

1953 - Subsec. (a). Act. Aug. 8, 1953, inserted cl. (3) and

''including all determinations entering into the same,'' in second

sentence, and struck out third sentence which provided that ''No

such appeal filed by the consignee or his agent shall be deemed

valid, unless he has complied with all the provisions of this

chapter relating to the entry and appraisement of such

merchandise''.

1948 - Subsec. (a). Act June 25, 1948, struck out fourth sentence

and substituted new fourth sentence, and repealed the fifth, sixth,

seventh, and eighth sentences dealing with review by Customs Court

of Reappraisements of this material. See section 1582 of Title 28,

Judiciary and Judicial Procedure.

Subsecs. (b) and (c), relating to practice and procedure in

Customs Court, were repealed by Act June 25, 1948. See sections

2631 to 2637 of Title 28, Judiciary and Judicial Procedure.

1938 - Act June 25, 1938, designated paragraphs as subsecs. (a)

and (b) and added subsec. (c).

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.

EFFECTIVE DATE OF 1953 AMENDMENT; SAVINGS PROVISION

Amendment by act Aug. 8, 1953, effective on and after thirtieth

day following Aug. 8, 1953, and savings provision, see notes set

out under section 1304 of this title.

EFFECTIVE DATE OF 1948 AMENDMENT

Section 38 of act June 25, 1948, provided that the amendment made

by that act is effective Sept. 1, 1948.

EFFECTIVE DATE OF 1938 AMENDMENT

Amendment by act June 25, 1938, effective on thirtieth day

following June 25, 1938, except as otherwise specially provided,

see section 37 of act June 25, 1938, set out as a note under

section 1401 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 such 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1503, 1514 of this title.

-CITE-

19 USC Sec. 1502 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1502. Regulations for appraisement and classification

-STATUTE-

(a) Powers of Secretary of the Treasury

The Secretary of the Treasury shall establish and promulgate such

rules and regulations not inconsistent with the law (including

regulations establishing procedures for the issuance of binding

rulings prior to the entry of the merchandise concerned), and may

disseminate such information as may be necessary to secure a just,

impartial, and uniform appraisement of imported merchandise and the

classification and assessment of duties thereon at the various

ports of entry. The Secretary may direct any customs officer to go

from one port of entry to another for the purpose of appraising or

classifying or assisting in appraising or classifying merchandise

imported at any port, and may direct any customs officer at any

port to review entries of merchandise filed at any other port.

(b) Duties of customs officers

It shall be the duty of all officers of the customs to execute

and carry into effect all instructions of the Secretary of the

Treasury relative to the execution of the revenue laws; and in case

any difficulty arises as to the true construction or meaning of any

part of the revenue laws, the decision of the Secretary shall be

binding upon all officers of the customs.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 502, 46 Stat. 731; Pub. L.

91-271, title III, Sec. 301(l), June 2, 1970, 84 Stat. 289; Pub. L.

96-417, title VI, Sec. 601(3), Oct. 10, 1980, 94 Stat. 1744; Pub.

L. 100-449, title IV, Sec. 403(a), Sept. 28, 1988, 102 Stat. 1884;

Pub. L. 103-182, title IV, Sec. 412(a), title VI, Sec. 640, Dec. 8,

1993, 107 Stat. 2146, 2203.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 502, 42 Stat. 967. That

section was superseded by section 502 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

A prior provision, authorizing the Secretary of the Treasury to

direct appraisers for any collection district, to attend in any

other collection district, was contained in R.S. Sec. 2947. Prior

provisions requiring the Secretary to establish rules and

regulations to secure a just, faithful, and impartial appraisal,

just and proper entries, and to report such rules and regulations

to the next session of Congress, were contained in R.S. Sec. 2949.

Both of these sections were repealed by act Sept. 21, 1922, ch.

356, title IV, Sec. 642, 42 Stat. 989.

Provisions similar to those in subsec. (b) of this section,

except that reversal or modification was permitted in concurrence

with a judicial decision of a circuit or district court, instead of

a final decision of the Board of General Appraisers, were contained

in act Mar. 3, 1875, ch. 136, Sec. 2, 18 Stat. 469, prior to repeal

by act Sept. 21, 1922, ch. 356, title IV, Sec. 643, 42 Stat. 989.

Provisions almost identical with those in subsec. (c) of this

section were contained in R.S. Sec. 2652, prior to repeal by act

Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42 Stat. 989.

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-182, Sec. 640(1), inserted

''(including regulations establishing procedures for the issuance

of binding rulings prior to the entry of the merchandise

concerned)'' after ''law'', substituted ''ports of entry. The

Secretary'' for ''ports of entry, and'', inserted ''or

classifying'' after ''appraising'' in two places, and substituted

''any port, and may direct any customs officer at any port to

review entries of merchandise filed at any other port'' for ''such

port''.

Subsec. (b). Pub. L. 103-182, Sec. 640(2), redesignated subsec.

(c) as (b) and struck out former subsec. (b) which read as follows:

''No ruling or decision once made by the Secretary of the Treasury,

giving construction to any law imposing customs duties, shall be

reversed or modified adversely to the United States, by the same or

a succeeding Secretary, except in concurrence with an opinion of

the Attorney General recommending the same, a final decision of the

United States Court of International Trade, or a final decision of

a binational panel pursuant to article 1904 of the United

States-Canada Free-Trade Agreement.''

Pub. L. 103-182, Sec. 412(a), which directed the insertion of

''the North American Free Trade Agreement or'' before ''the United

States-Canada Free-Trade Agreement'', could not be executed because

the words ''the United States-Canada Free-Trade Agreement'' did not

appear in subsec. (b) subsequent to amendment by Pub. L. 103-182,

Sec. 640(2), effective Dec. 8, 1993. See above.

Subsec. (c). Pub. L. 103-182, Sec. 640(2), redesignated subsec.

(c) as (b).

1988 - Subsec. (b). Pub. L. 100-449 substituted ''a final

decision of the United States Court of International Trade, or a

final decision of a binational panel pursuant to article 1904 of

the United States-Canada Free-Trade Agreement'' for ''or a final

decision of the United States Court of International Trade''.

1980 - Subsec. (b). Pub. L. 96-417 redesignated the United States

Customs Court as the United States Court of International Trade.

1970 - Subsec. (a). Pub. L. 91-271 substituted ''customs

officer'' for ''appraiser, deputy appraiser, assistant appraiser,

or examiner of merchandise''.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 412(a) of Pub. L. 103-182 effective on the

date the North American Free Trade Agreement enters into force with

respect to the United States (Jan. 1, 1994), but not applicable to

any final determination described in section 1516a(a)(1)(B) or

(2)(B)(i), (ii), or (iii) of this title, notice of which is

published in the Federal Register before such date, or to a

determination described in section 1516a(a)(2)(B)(vi) of this

title, notice of which is received by the Government of Canada or

Mexico before such date, or to any binational panel review under

the United States-Canada Free-Trade Agreement, or to any

extraordinary challenge arising out of any such review, that was

commenced before such date, see section 416 of Pub. L. 103-182, set

out as an Effective Date note under section 3431 of this title.

Amendment by section 640 of Pub. L. 103-182 effective Dec. 8,

1993, see section 692 of Pub. L. 103-182, set out as a note under

section 58c of this title.

EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT

Amendment by Pub. L. 100-449 effective on date the United

States-Canada Free-Trade Agreement enters into force (Jan. 1,

1989), and to cease to have effect on date Agreement ceases to be

in force, see section 501(a), (c) of Pub. L. 100-449, set out in a

note under section 2112 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 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 a note under section 251 of Title 28, Judiciary and Judicial

Procedure.

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 Secretary of the Treasury under subsec. (a) of this

section, insofar as subsec. (a) of this section provides authority

to issue regulations and disseminate information and insofar as

Secretary of the Treasury had responsibility under sections 1303

and 1671 et seq. of this title for functions transferred to

Secretary of Commerce by section 5(a)(1)(C) of Reorg. Plan No. 3 of

1979, transferred to Secretary of Commerce pursuant to Reorg. Plan

No. 3 of 1979, Sec. 5(a)(1)(F), 44 F.R. 69275, 93 Stat. 1381, eff.

Jan. 2, 1980, as provided by section 1-107(a) of Ex. Ord. No.

12188, Jan. 2, 1980, 45 F.R. 993, set out as notes under section

2171 of this title, to be exercised in consultation with Secretary

of the Treasury.

Functions of Secretary of the Treasury under subsec. (b) of this

section, with respect to functions transferred to Secretary of

Commerce in section 1303 and 1671 et seq. of this title by section

5(a)(1)(C) of Reorg. Plan No. 3 of 1979, transferred to Secretary

of Commerce pursuant to section 5(a)(1)(F) of Reorg. Plan No. 3 of

1979.

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 such 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.

-MISC5-

EFFECT OF TERMINATION OF NAFTA COUNTRY STATUS

For provisions relating to effect of termination of NAFTA country

status on the provisions of sections 401 to 416 of Pub. L. 103-182,

see section 3451 of this title.

-CITE-

19 USC Sec. 1503 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1503. Dutiable value

-STATUTE-

Except as provided in section 1520(c) of this title (relating to

reliquidations on the basis of authorized corrections of errors) or

section 1562 of this title (relating to withdrawal from

manipulating warehouses), the basis for the assessment of duties on

imported merchandise subject to ad valorem rates of duty or rates

based upon or regulated in any manner by the value of the

merchandise, shall be the appraised value determined upon

liquidation, in accordance with section 1500 of this title or any

adjustment thereof made pursuant to section 1501 of this title.

Provided, however, That if reliquidation is required pursuant to a

final judgment or order of the United States Court of International

Trade which includes a reappraisement of imported merchandise, the

basis for such assessment shall be the final appraised value

determined by such court.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 503, 46 Stat. 731; Aug. 8,

1953, ch. 397, Sec. 18(d), 67 Stat. 518; Pub. L. 91-271, title II,

Sec. 206, June 2, 1970, 84 Stat. 284; Pub. L. 96-417, title VI,

Sec. 601(4), Oct. 10, 1980, 94 Stat. 1744.)

-MISC1-

PRIOR PROVISIONS

Provisions somewhat similar to those in subsecs. (a) and (b) were

contained in act Sept. 21, 1922, ch. 356, title IV, Sec. 503, 42

Stat. 967. Provisions similar to former subsec. (b) relating to

entries pending reappraisement were contained in act Sept. 21,

1922, ch. 356, title IV, Sec. 489, 42 Stat. 962. Both of the acts

of 1922 were in part superseded by act June 17, 1930, comprising

this section, and repealed by section 651(a)(1) of the 1930 act.

A provision for assessment of duty on merchandise of different

values when invoiced at an average price, was contained in R.S.

Sec. 2910, prior to repeal by act Sept. 21, 1922, ch. 356, title

IV, Sec. 642, 42 Stat. 989.

AMENDMENTS

1980 - Pub. L. 96-417 redesignated the United States Customs

Court as the United States Court of International Trade.

1970 - Pub. L. 91-271 substituted provisions that, except as

provided in section 1520(c) or 1562 of this title, the basis for

the assessment of duties on imported merchandise be the appraised

value determined upon liquidation, in accordance with section 1500

of this title or any adjustment thereof pursuant to section 1501 of

this title, and be the final appraised value where reliquidation is

required pursuant to a final judgment or order of the United States

Customs Court, for provisions that, except as provided in section

1562 of this title, the basis for the assessment of duties on

imported merchandise subject to ad valorem rates of duty be the

final appraised value, and provisions that for the purpose of

determining the rate of duty assessed upon any merchandise when the

rate is based upon or regulated in any manner by the value of the

merchandise, the final appraised value, except as provided in

section 1562 of this title, be taken as the value of merchandise.

1953 - Subsec. (a). Act Aug. 8, 1953, struck out ''and in

subdivision (b) of this section'' after reference to section 1562

of this title, ''the entered value or'' after ''shall be'', and

''whichever is higher'' at the end.

Subsecs. (b), (c). Act Aug. 8, 1953, redesignated subsec. (c) as

(b). Former subsec. (b), which related to entries pending

reappraisement, was repealed by act Aug. 8, 1953.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 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 a note under section 251 of Title 28, Judiciary and Judicial

Procedure.

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.

EFFECTIVE DATE OF 1953 AMENDMENT; SAVINGS PROVISION

Amendment by act Aug. 8, 1953, effective on and after the

thirtieth day following Aug. 8, 1953, and savings provision, see

notes set out under section 1304 of this title.

-CITE-

19 USC Sec. 1503a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1503a. Repealed. Aug. 8, 1953, ch. 397, Sec. 18(e), 67 Stat.

518

-MISC1-

Section, act July 12, 1932, ch. 473, 47 Stat. 657, related to the

construction of former subsection (b) of section 1503 of this

title, which was omitted by section 18(d) of act Aug. 8, 1953.

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 1304

of this title.

-CITE-

19 USC Sec. 1504 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1504. Limitation on liquidation

-STATUTE-

(a) Liquidation

Unless an entry is extended under subsection (b) of this section

or suspended as required by statute or court order, except as

provided in section 1675(a)(3) of this title, an entry of

merchandise not liquidated within one year from:

(1) the date of entry of such merchandise;

(2) the date of the final withdrawal of all such merchandise

covered by a warehouse entry;

(3) the date of withdrawal from warehouse of such merchandise

for consumption where, pursuant to regulations issued under

section 1505(a) of this title, duties may be deposited after the

filing of an entry or withdrawal from warehouse; or

(4) if a reconciliation is filed, or should have been filed,

the date of the filing under section 1484 of this title or the

date the reconciliation should have been filed;

shall be deemed liquidated at the rate of duty, value, quantity,

and amount of duties asserted at the time of entry by the importer

of record. Notwithstanding section 1500(e) of this title, notice

of liquidation need not be given of an entry deemed liquidated.

(b) Extension

The Secretary may extend the period in which to liquidate an

entry if -

(1) the information needed for the proper appraisement or

classification of the merchandise, or for insuring compliance

with applicable law, is not available to the Customs Service; or

(2) the importer of record requests such extension and shows

good cause therefor.

The Secretary shall give notice of an extension under this

subsection to the importer of record and the surety of such

importer of record. Notice shall be in such form and manner (which

may include electronic transmittal) as the Secretary shall by

regulation prescribe. Any entry the liquidation of which is

extended under this subsection shall be treated as having been

liquidated at the rate of duty, value, quantity, and amount of duty

asserted at the time of entry by the importer of record at the

expiration of 4 years from the applicable date specified in

subsection (a) of this section.

(c) Notice of suspension

If the liquidation of any entry is suspended, the Secretary shall

by regulation require that notice of the suspension be provided, in

such manner as the Secretary considers appropriate, to the importer

of record and to any authorized agent and surety of such importer

of record.

(d) Removal of suspension

Except as provided in section 1675(a)(3) of this title, when a

suspension required by statute or court order is removed, the

Customs Service shall liquidate the entry, unless liquidation is

extended under subsection (b) of this section, within 6 months

after receiving notice of the removal from the Department of

Commerce, other agency, or a court with jurisdiction over the

entry. Any entry (other than an entry with respect to which

liquidation has been extended under subsection (b) of this section)

not liquidated by the Customs Service within 6 months after

receiving such notice shall be treated as having been liquidated at

the rate of duty, value, quantity, and amount of duty asserted at

the time of entry by the importer of record.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 504, as added Pub. L.

95-410, title II, Sec. 209(a), Oct. 3, 1978, 92 Stat. 902; amended

Pub. L. 98-573, title I, Sec. 191(d), Oct. 30, 1984, 98 Stat. 2971;

Pub. L. 103-182, title VI, Sec. 641, Dec. 8, 1993, 107 Stat. 2204;

Pub. L. 103-465, title II, Sec. 220(c), Dec. 8, 1994, 108 Stat.

4865; Pub. L. 104-295, Sec. 3(a)(7), Oct. 11, 1996, 110 Stat.

3516.)

-MISC1-

PRIOR PROVISIONS

A prior section 1504, act June 17, 1930, ch. 497, title IV, Sec.

504, 46 Stat. 732, related to duties on coverings and containers,

prior to repeal by Pub. L. 87-456, title III, Sec. 301(a), May 24,

1962, 76 Stat. 75, effective, pursuant to section 501(a) of Pub. L.

87-456, with respect to articles entered, or withdrawn from

warehouse, for consumption on or after Aug. 31, 1963.

AMENDMENTS

1996 - Subsec. (d). Pub. L. 104-295 inserted '', unless

liquidation is extended under subsection (b) of this section,''

after ''shall liquidate the entry'' in first sentence, and ''(other

than an entry with respect to which liquidation has been extended

under subsection (b) of this section)'' after ''Any entry'' in

second sentence.

1994 - Subsec. (a). Pub. L. 103-465, Sec. 220(c)(1), inserted

''except as provided in section 1675(a)(3) of this title,'' before

''an entry of merchandise not liquidated'' in introductory

provisions.

Subsec. (d). Pub. L. 103-465, Sec. 220(c)(2), substituted

''Except as provided in section 1675(a)(3) of this title, when a

suspension'' for ''When a suspension''.

1993 - Subsec. (a). Pub. L. 103-182, Sec. 641(1)(A), substituted

''Unless an entry is extended under subsection (b) or suspended as

required by statute or court order'' for ''Except as provided in

subsection (b) of this section'' in introductory provisions.

Subsec. (a)(4). Pub. L. 103-182, Sec. 641(1)(B)-(D), added par.

(4).

Subsec. (b). Pub. L. 103-182, Sec. 641(2), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: ''The

Secretary may extend the period in which to liquidate an entry by

giving notice of such extension to the importer of record in such

form and manner as the Secretary shall prescribe in regulations, if

-

''(1) information needed for the proper appraisement or

classification of the merchandise is not available to the

appropriate customs officer;

''(2) liquidation is suspended as required by statute or court

order; or

''(3) the importer of record requests such extension and shows

good cause therefor.''

Subsec. (c). Pub. L. 103-182, Sec. 641(2), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: ''If

the liquidation of any entry is suspended, the Secretary shall, by

regulation, require that notice of such suspension be provided to

the importer of record concerned and to any authorized agent and

surety of such importer of record.''

Subsec. (d). Pub. L. 103-182, Sec. 641(2), amended subsec. (d)

generally. Prior to amendment, subsec. (d) ''Limitation'' read as

follows: ''Any entry of merchandise not liquidated at the

expiration of four years from the applicable date specified in

subsection (a) of this section, shall be deemed liquidated at the

rate of duty, value, quantity, and amount of duty asserted at the

time of entry by the importer of record, unless liquidation

continues to be suspended as required by statute or court order.

When such a suspension of liquidation is removed, the entry shall

be liquidated within 90 days therefrom.''

1984 - Subsec. (a). Pub. L. 98-573, Sec. 191(d)(1), substituted

''importer of record'' for ''importer, his consignee, or agent'' in

provisions following par. (3).

Subsec. (b). Pub. L. 98-573, Sec. 191(d)(2), substituted

''importer of record'' for ''importer, his consignee, or agent'' in

provisions preceding par. (1), and substituted ''importer of

record'' for ''importer, consignee, or his agent'' in par. (3).

Subsec. (c). Pub. L. 98-573, Sec. 191(d)(3), substituted

''importer of record'' for ''importer or consignee'' in two places.

Subsec. (d). Pub. L. 98-573, Sec. 191(d)(4), substituted

''importer of record'' for ''importer, his consignee, or agent''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-295 applicable as of Dec. 8, 1993, see

section 3(b) of Pub. L. 104-295, set out as a note under section

1321 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date on which the WTO Agreement enters into force

with respect to the United States (Jan. 1, 1995), and applicable

with respect to investigations, reviews, and inquiries initiated

and petitions filed under specified provisions of this chapter

after such date, see section 291 of Pub. L. 103-465, set out as a

note under section 1671 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 applicable with respect to articles

entered on or after 15th day after Oct. 30, 1984, see section

195(a) of Pub. L. 98-573, set out as a note under section 1322 of

this title.

EFFECTIVE DATE

Section 209(b) of Pub. L. 95-410 provided that: ''The amendment

made by this section (enacting this section) applies to the entry

or withdrawal of merchandise for consumption on or after 180 days

after the enactment of this Act (Oct. 3, 1978).''

-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.

-CITE-

19 USC Sec. 1505 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1505. Payment of duties and fees

-STATUTE-

(a) Deposit of estimated duties and fees

Unless the entry is subject to a periodic payment or the

merchandise is entered for warehouse or transportation, or under

bond, the importer of record shall deposit with the Customs Service

at the time of entry, or at such later time as the Secretary may

prescribe by regulation (but not later than 10 working days after

entry or release) the amount of duties and fees estimated to be

payable on such merchandise. As soon as a periodic payment module

of the Automated Commercial Environment is developed, but no later

than October 1, 2004, a participating importer of record, or the

importer's filer, may deposit estimated duties and fees for entries

of merchandise no later than the 15th day of the month following

the month in which the merchandise is entered or released,

whichever comes first.

(b) Collection or refund of duties, fees, and interest due upon

liquidation or reliquidation

The Customs Service shall collect any increased or additional

duties and fees due, together with interest thereon, or refund any

excess moneys deposited, together with interest thereon, as

determined on a liquidation or reliquidation. Duties, fees, and

interest determined to be due upon liquidation or reliquidation are

due 30 days after issuance of the bill for such payment. Refunds

of excess moneys deposited, together with interest thereon, shall

be paid within 30 days of liquidation or reliquidation.

(c) Interest

Interest assessed due to an underpayment of duties, fees, or

interest shall accrue, at a rate determined by the Secretary, from

the date the importer of record is required to deposit estimated

duties, fees, and interest to the date of liquidation or

reliquidation of the applicable entry or reconciliation. Interest

on excess moneys deposited shall accrue, at a rate determined by

the Secretary, from the date the importer of record deposits

estimated duties, fees, and interest or, in a case in which a claim

is made under section 1520(d) of this title, from the date on which

such claim is made, to the date of liquidation or reliquidation of

the applicable entry or reconciliation. The Secretary may

prescribe an alternative mid-point interest accounting methodology,

which may be employed by the importer, based upon aggregate data in

lieu of accounting for such interest from each deposit data

provided in this subsection.

(d) Delinquency

If duties, fees, and interest determined to be due or refunded

are not paid in full within the 30-day period specified in

subsection (b) of this section, any unpaid balance shall be

considered delinquent and bear interest by 30-day periods, at a

rate determined by the Secretary, from the date of liquidation or

reliquidation until the full balance is paid. No interest shall

accrue during the 30-day period in which payment is actually made.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 505, 46 Stat. 732; Pub. L.

91-271, title II, Sec. 204(c), June 2, 1970, 84 Stat. 283; Pub. L.

95-410, title I, Sec. 103, Oct. 3, 1978, 92 Stat. 889; Pub. L.

97-446, title II, Sec. 201(e), Jan. 12, 1983, 96 Stat. 2350; Pub.

L. 98-573, title II, Sec. 210(a), Oct. 30, 1984, 98 Stat. 2977;

Pub. L. 103-182, title VI, Sec. 642(a), Dec. 8, 1993, 107 Stat.

2205; Pub. L. 104-295, Sec. 2(a), Oct. 11, 1996, 110 Stat. 3515;

Pub. L. 106-36, title II, Sec. 2418(e), June 25, 1999, 113 Stat.

177; Pub. L. 106-476, title I, Sec. 1451, Nov. 9, 2000, 114 Stat.

2167; Pub. L. 107-210, div. A, title III, Sec. 383, Aug. 6, 2002,

116 Stat. 992.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 504, 42 Stat. 967. That

section was superseded by section 505 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

A prior provision that the collector or person acting as such

should ascertain, fix, and liquidate the rate and amount of duties,

and the dutiable costs and charges, was contained in act Oct. 3,

1913, ch. 16, Sec. III, M, 38 Stat. 186, the provisions of which

were substituted for provisions of the same nature contained in the

Customs Administrative Act of June 10, 1890, ch. 407, Sec. 13, 26

Stat. 136, as amended by the Payne-Aldrich Tariff Act of Aug. 5,

1909, ch. 6, Sec. 28, 36 Stat. 99.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-210 amended heading and text of

subsec. (a) generally. Prior to amendment, text read as follows:

''Unless merchandise is entered for warehouse or transportation, or

under bond, the importer of record shall deposit with the Customs

Service at the time of making entry, or at such later time as the

Secretary may prescribe by regulation, the amount of duties and

fees estimated to be payable thereon. Such regulations may provide

that estimated duties and fees shall be deposited before or at the

time an import activity summary statement is filed. If an import

activity summary statement is filed, the estimated duties and fees

shall be deposited together with interest, at a rate determined by

the Secretary, accruing from the first date of the month the

statement is required to be filed until the date such statement is

actually filed.''

2000 - Subsec. (c). Pub. L. 106-476 substituted ''The Secretary

may prescribe'' for ''For the period beginning on October 1, 1998,

and ending on the date on which the 'Revised National Customs

Automation Test Regarding Reconciliation' of the Customs Service is

terminated, or October 1, 2000, whichever occurs earlier, the

Secretary may prescribe'' in last sentence.

1999 - Subsec. (c). Pub. L. 106-36 inserted at end ''For the

period beginning on October 1, 1998, and ending on the date on

which the 'Revised National Customs Automation Test Regarding

Reconciliation' of the Customs Service is terminated, or October 1,

2000, whichever occurs earlier, the Secretary may prescribe an

alternative mid-point interest accounting methodology, which may be

employed by the importer, based upon aggregate data in lieu of

accounting for such interest from each deposit data provided in

this subsection.''

1996 - Subsec. (c). Pub. L. 104-295 inserted ''or, in a case in

which a claim is made under section 1520(d) of this title, from the

date on which such claim is made,'' after ''deposits estimated

duties, fees, and interest''.

1993 - Pub. L. 103-182 amended section generally, substituting

provisions relating to deposit, collection or refund of duties,

fees, and interest for provisions relating to deposit, collection,

or refund of duties and interest.

1984 - Subsec. (c). Pub. L. 98-573 added subsec. (c).

1983 - Subsec. (a). Pub. L. 97-446 substituted ''importer of

record'' for ''consignee'' before ''shall deposit''.

1978 - Subsec. (a). Pub. L. 95-410 authorized deposit of

estimated duties to be made as prescribed by regulations after time

of making entry but not later than thirty days after date of entry.

1970 - Pub. L. 91-271 reorganized existing provisions into

subsecs. (a) and (b), and struck out provisions authorizing receipt

by a collector of various reports and the performance of certain

functions in connection with the liquidation of an entry.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-476, except as otherwise provided,

applicable with respect to goods entered, or withdrawn from

warehouse, for consumption, on or after the 15th day after Nov. 9,

2000, see section 1471 of Pub. L. 106-476, set out as a note under

section 58c of this title.

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-36 effective 30 days after June 25,

1999, see section 2418(f) of Pub. L. 106-36, set out as a note

under section 58c of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 2(b) of Pub. L. 104-295 provided that: ''The amendment

made by subsection (a) (amending this section) shall apply to

claims made pursuant to section 520(d) of the Tariff Act of 1930

(19 U.S.C. 1520(d)) on or after June 7, 1996.''

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective on 30th day after Oct. 30,

1984, see section 214(c)(5)(A) of Pub. L. 98-573, set out as a note

under section 1304 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 97-446 applicable with respect to

merchandise entered on and after 30th day after Jan. 12, 1983, see

section 201(g) of Pub. L. 97-446, set out as a note under section

1484 of this title.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1315, 1504, 1557 of this

title.

-CITE-

19 USC Sec. 1506 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1506. Allowance for abandonment and damage

-STATUTE-

Allowance shall be made in the estimation and liquidation of

duties under regulations prescribed by the Secretary of the

Treasury in the following cases:

(1) Abandonment within thirty days

Where the importer abandons to the United States, within thirty

days after entry in the case of merchandise released without an

examination, or within thirty days after the release in the case

of merchandise sent to the Customs Service for examination, any

imported merchandise representing 5 per centum or more of the

total value of all the merchandise of the same class or kind

entered in the invoice or entry in which the item appears, and

delivers, within the applicable thirty-day period, the portion so

abandoned to such place as the Customs Service directs unless the

Customs Service is satisfied that the merchandise is so far

destroyed as to be nondeliverable;

(2) Perishable merchandise, condemned

Where fruit or other perishable merchandise has been condemned

at the port of entry, within ten days after landing, by the

health officers or other legally constituted authorities, and the

consignee, within five days after such condemnation, files,

electronically or otherwise, with the Customs Service notice

thereof, an invoiced description and the location thereof, and

the name of the vessel or vehicle in which imported.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 506, 46 Stat. 732; Pub. L.

91-271, title III, Sec. 301(m), June 2, 1970, 84 Stat. 289; Pub. L.

103-182, title VI, Sec. 643, Dec. 8, 1993, 107 Stat. 2205.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Oct. 3, 1913, ch. 16, Sec. III, X, 38 Stat. 190, reenacting the

provisions of the Customs Administrative Act of June 10, 1890, ch.

407, Sec. 23, 26 Stat. 140, as amended by Act May 17, 1898, ch.

341, 30 Stat. 417, and further amended by the Payne-Aldrich Tariff

Act of Aug. 5, 1909, ch. 6, Sec. 28, 36 Stat. 103. Section III of

the 1913 act was superseded by act Sept. 21, 1922, ch. 356, title

IV, Sec. 505, 42 Stat. 967, and repealed by section 643 thereof.

Section 505 of the 1922 act was superseded by section 506 of act

June 17, 1930, comprising this section, and repealed by section

651(a)(1) of the 1930 act.

R.S. Sec. 2927 provided for the appraisal of articles damaged

during the voyage, and for the allowances for such damages in

estimating duties, prior to repeal by the Customs Administrative

Act of June 10, 1890, ch. 407, Sec. 29, 26 Stat. 141.

R.S. Sec. 2928, providing for appraisement of merchandise taken

from any wreck and of damages sustained during the course of the

voyage, was superseded by the provisions of the Customs

Administrative Act of June 10, 1890, ch. 407, Sec. 23, 26 Stat.

140, and repealed by act Sept. 21, 1922, ch. 356, title IV, Sec.

642, 42 Stat. 989.

AMENDMENTS

1993 - Par. (1). Pub. L. 103-182, Sec. 643(1), (2), substituted

''merchandise released without an examination'' for ''merchandise

not sent to the appraiser's stores for examination'', struck out

''of the examination packages or quantities of merchandise'' after

''thirty days after the release'', substituted ''merchandise sent

to the Customs Service'' for ''merchandise sent to the appraiser's

stores'', inserted ''or entry'' after ''invoice'', and substituted

''such place as the Customs Service'' for ''such place as the

appropriate customs officer'' and ''unless the Customs Service''

for ''unless such customs officer''.

Par. (2). Pub. L. 103-182, Sec. 643(1), (3), inserted '',

electronically or otherwise,'' after ''files'' and substituted

''the Customs Service notice'' for ''the appropriate customs

officer written notice''.

1970 - Par. (1). Pub. L. 91-271, Sec. 301(m)(1), substituted

references to appropriate customs officer or such customs officer

for references to collector wherever appearing.

Par. (2). Pub. L. 91-271, Sec. 301(m)(2), substituted reference

to appropriate customs officer for reference to 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

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. 1507 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1507. Tare and draft

-STATUTE-

(a) In general

The Secretary of the Treasury is authorized to prescribe and

issue regulations for the ascertainment of tare upon imported

merchandise, including the establishment of reasonable and just

schedule tares therefor, but (except as otherwise provided in this

section) there shall not be any allowance for draft or for

impurities, other than excessive moisture and impurities not

usually found in or upon such or similar merchandise.

(b) Crude oil and petroleum products

In ascertaining tare on imports of crude oil, and on imports of

petroleum products, allowance shall be made for all detectable

moisture and impurities present in, or upon, the imported crude oil

or petroleum products.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 507, 46 Stat. 732; Pub. L.

100-418, title I, Sec. 1902(a), Aug. 23, 1988, 102 Stat. 1312.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 506, 42 Stat. 968. That

section was superseded by section 507 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

A prior provision relative to the allowance of tare, prohibiting

any allowance for draught, was contained in R.S. Sec. 2898, prior

to repeal by act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42

Stat. 989.

AMENDMENTS

1988 - Pub. L. 100-418 designated existing provision as subsec.

(a), substituted ''(except as otherwise provided in this section)

there shall not be'' for ''in no case shall there be'', and added

subsec. (b).

EFFECTIVE DATE OF 1988 AMENDMENT

Section 1902(b) of Pub. L. 100-418, as amended by Pub. L.

100-647, title IX, Sec. 9001(a)(18), Nov. 10, 1988, 102 Stat. 3808,

provided that: ''The amendment made by this section (amending this

section) shall apply with respect to articles entered, or withdrawn

from warehouse for consumption, after October 1, 1988.''

-CITE-

19 USC Sec. 1508 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1508. Recordkeeping

-STATUTE-

(a) Requirements

Any -

(1) owner, importer, consignee, importer of record, entry

filer, or other party who -

(A) imports merchandise into the customs territory of the

United States, files a drawback claim, or transports or stores

merchandise carried or held under bond, or

(B) knowingly causes the importation or transportation or

storage of merchandise carried or held under bond into or from

the customs territory of the United States;

(2) agent of any party described in paragraph (1); or

(3) person whose activities require the filing of a declaration

or entry, or both;

shall make, keep, and render for examination and inspection records

(which for purposes of this section include, but are not limited

to, statements, declarations, documents and electronically

generated or machine readable data) which -

(A) pertain to any such activity, or to the information

contained in the records required by this chapter in connection

with any such activity; and

(B) are normally kept in the ordinary course of business.

(b) Exportations to free trade countries

(1) Definitions

As used in this subsection -

(A) The term ''associated records'' means, in regard to an

exported good under paragraph (2), records associated with -

(i) the purchase of, cost of, value of, and payment for,

the good;

(ii) the purchase of, cost of, value of, and payment for,

all material, including indirect materials, used in the

production of the good; and

(iii) the production of the good.

For purposes of this subparagraph, the terms ''indirect

material'', ''material'', ''preferential tariff treatment'',

''used'', and ''value'' have the respective meanings given them

in articles 415 and 514 of the North American Free Trade

Agreement.

(B) The term ''NAFTA Certificate of Origin'' means the

certification, established under article 501 of the North

American Free Trade Agreement, that a good qualifies as an

originating good under such Agreement.

(2) Exports to NAFTA countries

(A) In general

Any person who completes and signs a NAFTA Certificate of

Origin for a good for which preferential treatment under the

North American Free Trade Agreement is claimed shall make,

keep, and render for examination and inspection all records

relating to the origin of the good (including the Certificate

or copies thereof) and the associated records.

(B) Claims for certain waivers, reductions, or refunds of

duties or for credit against bonds

(i) In general

Any person that claims with respect to an article -

(I) a waiver or reduction of duty under the last

paragraph of section 1311 of this title, section 1312(b)(1)

or (4) of this title, section 1562(2) of this title, or the

last proviso to section 81c(a) of this title;

(II) a credit against a bond under section 1312(d) of

this title; or

(III) a refund, waiver, or reduction of duty under

section 1313(n)(2) or (o)(1) of this title;

must disclose to the Customs Service the information described

in clause (ii).

(ii) Information required

Within 30 days after making a claim described in clause (i)

with respect to an article, the person making the claim must

disclose to the Customs Service whether that person has

prepared, or has knowledge that another person has prepared,

a NAFTA Certificate of Origin for the article. If after such

30-day period the person making the claim either -

(I) prepares a NAFTA Certificate of Origin for the

article; or

(II) learns of the existence of such a Certificate for

the article;

that person, within 30 days after the occurrence described in

subclause (I) or (II), must disclose the occurrence to the

Customs Service.

(iii) Action on claim

If the Customs Service determines that a NAFTA Certificate

of Origin has been prepared with respect to an article for

which a claim described in clause (i) is made, the Customs

Service may make such adjustments regarding the previous

customs treatment of the article as may be warranted.

(3) Exports under the Canadian agreement

Any person who exports, or who knowingly causes to be exported,

any merchandise to Canada during such time as the United

States-Canada Free-Trade Agreement is in force with respect to,

and the United States applies that Agreement to, Canada shall

make, keep, and render for examination and inspection such

records (including certifications of origin or copies thereof)

which pertain to the exportations.

(c) Period of time

The records required by subsections (a) and (b) of this section

shall be kept for such periods of time as the Secretary shall

prescribe; except that -

(1) no period of time for the retention of the records required

under subsection (a) or (b)(3) of this section may exceed 5 years

from the date of entry, filing of a reconciliation, or

exportation, as appropriate;

(2) the period of time for the retention of the records

required under subsection (b)(2) of this section shall be at

least 5 years from the date of signature of the NAFTA Certificate

of Origin; and

(3) records for any drawback claim shall be kept until the 3rd

anniversary of the date of payment of the claim.

(d) Limitation

For the purposes of this section and section 1509 of this title,

a person ordering merchandise from an importer in a domestic

transaction does not knowingly cause merchandise to be imported

unless -

(1) the terms and conditions of the importation are controlled

by the person placing the order; or

(2) technical data, molds, equipment, other production

assistance, material, components, or parts are furnished by the

person placing the order with knowledge that they will be used in

the manufacture or production of the imported merchandise.

(e) Subsection (b) penalties

(1) Relating to NAFTA exports

Any person who fails to retain records required by paragraph

(2) of subsection (b) of this section or the regulations issued

to implement that paragraph shall be liable for -

(A) a civil penalty not to exceed $10,000; or

(B) the general recordkeeping penalty that applies under the

customs laws;

whichever penalty is higher.

(2) Relating to Canadian agreement exports

Any person who fails to retain the records required by

paragraph (3) of subsection (b) of this section or the

regulations issued to implement that paragraph shall be liable

for a civil penalty not to exceed $10,000.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 508, as added Pub. L.

95-410, title I, Sec. 104, Oct. 3, 1978, 92 Stat. 889; amended Pub.

L. 100-449, title II, Sec. 205(b), Sept. 28, 1988, 102 Stat. 1864;

Pub. L. 103-182, title II, Sec. 205(a), title VI, Sec. 614, Dec. 8,

1993, 107 Stat. 2093, 2174; Pub. L. 104-295, Sec. 3(a)(6)(B), Oct.

11, 1996, 110 Stat. 3515.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in subsec. (e)(1)(B), are

classified generally to this title.

-MISC2-

PRIOR PROVISIONS

A prior section 1508, acts June 17, 1930, ch. 497, title IV, Sec.

508, 46 Stat. 732; Aug. 8, 1953, ch. 397, Sec. 19, 67 Stat. 518,

related to commingling of goods, prior to repeal by Pub. L. 87-456,

title III, Sec. 301(a), May 24, 1962, 76 Stat. 75, effective,

pursuant to section 501(a) of Pub. L. 87-456, with respect to

articles entered, or withdrawn from warehouse, for consumption on

or after Aug. 31, 1963.

AMENDMENTS

1996 - Subsec. (c)(1). Pub. L. 104-295 inserted '', filing of a

reconciliation,'' after ''entry''.

1993 - Subsec. (a). Pub. L. 103-182, Sec. 614(1), amended subsec.

(a) generally. Prior to amendment, subsec. (a) read as follows:

''Any owner, importer, consignee, or agent thereof who imports, or

who knowingly causes to be imported, any merchandise into the

customs territory of the United States shall make, keep, and render

for examination and inspection such records (including statements,

declarations, and other documents) which -

''(1) pertain to any such importation, or to the information

contained in the documents required by this chapter in connection

with the entry of merchandise; and

''(2) are normally kept in the ordinary course of business.''

Subsec. (b). Pub. L. 103-182, Sec. 205(a)(1), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: ''Any

person who exports, or who knowingly causes to be exported, any

merchandise to Canada shall make, keep, and render for examination

and inspection such records (including certifications of origin or

copies thereof) which pertain to such exportations.''

Subsec. (c). Pub. L. 103-182, Sec. 205(a)(2), amended generally

subsec. (c), as amended by Pub. L. 103-182, Sec. 614(2) (see

below). Prior to amendment, subsec. (c) read as follows: ''The

records required by subsections (a) and (b) of this section shall

be kept for such period of time, not to exceed 5 years from the

date of entry or exportation, as appropriate, as the Secretary

shall prescribe; except that records for any drawback claim shall

be kept until the 3rd anniversary of the date of payment of the

claim.'' See Construction of 1993 Amendment note below.

Pub. L. 103-182, Sec. 614(2), amended subsec. (c) generally.

Prior to amendment, subsec. (c) read as follows: ''The records

required by subsection (a) and (b) of this section shall be kept

for such periods of time, not to exceed 5 years from the date of

entry, as the Secretary shall prescribe.'' See Construction of 1993

Amendment note below.

Subsec. (e). Pub. L. 103-182, Sec. 205(a)(3), amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows: ''Any

person who fails to retain records required by subsection (b) of

this section or the regulations issued to implement that subsection

shall be liable to a civil penalty not to exceed $10,000.''

1988 - Subsecs. (b) to (e). Pub. L. 100-449 added subsec. (b),

redesignated former subsec. (b) as (c) and inserted ''and (b)''

after ''subsection (a)'', redesignated former subsec. (c) as (d),

and added subsec. (e).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-295 applicable as of Dec. 8, 1993, see

section 3(b) of Pub. L. 104-295, set out as a note under section

1321 of this title.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 205(a) of Pub. L. 103-182 effective on the

date the North American Free Trade Agreement enters into force with

respect to the United States (Jan. 1, 1994), see section 213(b) of

Pub. L. 103-182, set out as an Effective Date note under section

3331 of this title.

EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT

Amendment by Pub. L. 100-449 effective on date United

States-Canada Free-Trade Agreement enters into force (Jan. 1,

1989), and to cease to have effect on date Agreement ceases to be

in force, see section 501(a), (c) of Pub. L. 100-449, set out in a

note under section 2112 of this title.

CONSTRUCTION OF 1993 AMENDMENT

Amendment by section 205(a) of Pub. L. 103-182 to be made after

amendment by section 614 of Pub. L. 103-182 is executed, see

section 212 of Pub. L. 103-182, set out as a note under section 58c

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 81c, 1311, 1312, 1313,

1509, 1520, 1553a, 1562, 1592 of this title.

-CITE-

19 USC Sec. 1509 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1509. Examination of books and witnesses

-STATUTE-

(a) Authority

In any investigation or inquiry conducted for the purpose of

ascertaining the correctness of any entry, for determining the

liability of any person for duty, fees and taxes due or duties,

fees and taxes which may be due the United States, for determining

liability for fines and penalties, or for insuring compliance with

the laws of the United States administered by the United States

Customs Service, the Secretary (but no delegate of the Secretary

below the rank of district director or special agent in charge) may

-

(1) examine, or cause to be examined, upon reasonable notice,

any record (which for purposes of this section, includes, but is

not limited to, any statement, declaration, document, or

electronically generated or machine readable data) described in

the notice with reasonable specificity, which may be relevant to

such investigation or inquiry, except that -

(A) if such record is required by law or regulation for the

entry of the merchandise (whether or not the Customs Service

required its presentation at the time of entry) it shall be

provided to the Customs Service within a reasonable time after

demand for its production is made, taking into consideration

the number, type, and age of the item demanded; and

(B) if a person of whom demand is made under subparagraph (A)

fails to comply with the demand, the person may be subject to

penalty under subsection (g) of this section;

(2) summon, upon reasonable notice -

(A) the person who -

(i) imported, or knowingly caused to be imported,

merchandise into the customs territory of the United States,

(ii) exported merchandise, or knowingly caused merchandise

to be exported, to a NAFTA country (as defined in section

3301(4) of this title) or to Canada during such time as the

United States-Canada Free-Trade Agreement is in force with

respect to, and the United States applies that Agreement to,

Canada,

(iii) transported or stored merchandise that was or is

carried or held under customs bond, or knowingly caused such

transportation or storage, or

(iv) filed a declaration, entry, or drawback claim with the

Customs Service;

(B) any officer, employee, or agent of any person described

in subparagraph (A);

(C) any person having possession, custody or care of records

relating to the importation or other activity described in

subparagraph (A); or

(D) any other person he may deem proper;

to appear before the appropriate customs officer at the time and

place within the customs territory of the United States specified

in the summons (except that no witness may be required to appear

at any place more than one hundred miles distant from the place

where he was served with the summons), to produce records, as

defined in subsection (d)(1)(A) of this section, and to give such

testimony, under oath, as may be relevant to such investigation

or inquiry; and

(3) take, or cause to be taken, such testimony of the person

concerned, under oath, as may be relevant to such investigation

or inquiry.

(b) Regulatory audit procedures

(1) In conducting a regulatory audit under this section (which

does not include a quantity verification for a customs bonded

warehouse or general purpose foreign trade zone), the Customs

Service auditor shall provide the person being audited, in advance

of the audit, with a reasonable estimate of the time to be required

for the audit. If in the course of an audit it becomes apparent

that additional time will be required, the Customs Service auditor

shall immediately provide a further estimate of such additional

time.

(2) Before commencing an audit, the Customs Service auditor shall

inform the party to be audited of his right to an entry conference

at which time the purpose will be explained and an estimated

termination date set. Upon completion of on-site audit activities,

the Customs Service auditor shall schedule a closing conference to

explain the preliminary results of the audit.

(3) Except as provided in paragraph (5), if the estimated or

actual termination date for an audit passes without the Customs

Service auditor providing a closing conference to explain the

results of the audit, the person being audited may petition in

writing for such a conference to the officer designated pursuant to

regulations, who, upon receipt of such a request, shall provide for

such a conference to be held within 15 days after the date of

receipt.

(4) Except as provided in paragraph (5), the Customs Service

auditor shall complete the formal written audit report within 90

days following the closing conference unless the officer designated

pursuant to regulations provides written notice to the person being

audited of the reason for any delay and the anticipated completion

date. After application of any exemption contained in section 552

of title 5, a copy of the formal written audit report shall be sent

to the person audited no later than 30 days following completion of

the report.

(5) Paragraphs (3) and (4) shall not apply after the Customs

Service commences a formal investigation with respect to the issue

involved.

(6)(A) If during the course of any audit concluded under this

subsection, the Customs Service identifies overpayments of duties

or fees or over-declarations of quantities or values that are

within the time period and scope of the audit that the Customs

Service has defined, then in calculating the loss of revenue or

monetary penalties under section 1592 of this title, the Customs

Service shall treat the overpayments or over-declarations on

finally liquidated entries as an offset to any underpayments or

underdeclarations also identified on finally liquidated entries, if

such overpayments or over-declarations were not made by the person

being audited for the purpose of violating any provision of law.

(B) Nothing in this paragraph shall be construed to authorize a

refund not otherwise authorized under section 1520 of this title.

(c) Service of summons

A summons issued pursuant to this section may be served by any

person designated in the summons to serve it. Service upon a

natural person may be made by personal delivery of the summons to

him. Service may be made upon a domestic or foreign corporation or

upon a partnership or other unincorporated association which is

subject to suit under a common name, by delivering the summons to

an officer, or managing or general agent, or to any other agent

authorized by appointment or by law to receive service of process.

The certificate of service signed by the person serving the summons

is prima facie evidence of the facts it states on the hearing of an

application for the enforcement of the summons. When the summons

requires the production of records, such records shall be described

in the summons with reasonable specificity.

(d) Special procedures for third-party summonses

(1) For purposes of this subsection -

(A) The term ''records'' includes those -

(i) required to be kept under section 1508 of this title; or

(ii) regarding which there is probable cause to believe that

they pertain to merchandise the importation of which into the

United States is prohibited.

(B) The term ''summons'' means any summons issued under

subsection (a) of this section which requires the production of

records or the giving of testimony relating to records. Such

term does not mean any summons issued to aid in the collection of

the liability of any person against whom an assessment has been

made or judgment rendered.

(C) The term ''third-party recordkeeper'' means -

(i) any customhouse broker, unless such customhouse broker is

the importer of record on an entry;

(ii) any attorney; and

(iii) any accountant.

(2) If -

(A) any summons is served on any person who is a third-party

recordkeeper; and

(B) the summons requires the production of, or the giving of

testimony relating to, any portion of records made or kept of the

transactions described in section 1508 of this title of any

person (other than the person summoned) who is identified in the

description of the records contained in such summons;

then notice of such summons shall be given to any persons so

identified within a reasonable time before the day fixed in the

summons as the day upon which such records are to be examined or

testimony given. Such notice shall be accompanied by a copy of the

summons which has been served and shall contain directions for

staying compliance with the summons under paragraph (5)(B) of this

subsection.

(3) Any notice required under paragraph (2) of this subsection

shall be sufficient if such notice is served in the manner provided

in subsection (b) of this section upon the person entitled to

notice, or is mailed by certified or registered mail to the last

known address of such person.

(4) Paragraph (2) of this subsection shall not apply to any

summons -

(A) served on the person with respect to whose liability for

duties, fees, or taxes the summons is issued, or any officer or

employee of such person; or

(B) to determine whether or not records of the transactions

described in section 1508 of this title of an identified person

have been made or kept.

(5) Notwithstanding any other law or rule of law, any person who

is entitled to notice of a summons under paragraph (2) of this

subsection shall have the right -

(A) to intervene in any proceeding with respect to the

enforcement of such summons under section 1510 of this title; and

(B) to stay compliance with the summons if, not later than the

day before the day fixed in the summons as the day upon which the

records are to be examined or testimony given -

(i) notice in writing is given to the person summoned not to

comply with the summons; and

(ii) a copy of such notice not to comply with the summons is

mailed by registered or certified mail to such person and to

such office as the Secretary may direct in the notice referred

to in paragraph (2) of this subsection.

(6) No examination of any records required to be produced under a

summons as to which notice is required under paragraph (2) of this

subsection may be made -

(A) before the expiration of the period allowed for the notice

not to comply under paragraph (5)(B) of this subsection, or

(B) if the requirements of such paragraph (5)(B) have been met,

except in accordance with an order issued by a court of competent

jurisdiction authorizing examination of such records or with the

consent of the person staying compliance.

(7) The provisions of paragraphs (2) and (5) of this subsection

shall not apply with respect to any summons if, upon petition by

the Secretary, the court determines, on the basis of the facts and

circumstances alleged, that there is reasonable cause to believe

the giving of notice may lead to attempts to conceal, destroy, or

alter records relevant to the examination, to prevent the

communication of information from other persons through

intimidation, bribery, or collusion, or to flee to avoid

prosecution, testifying, or production of records.

(e) List of records and information

The Customs Service shall identify and publish a list of the

records or entry information that is required to be maintained and

produced under subsection (a)(1)(A) of this section.

(f) Recordkeeping compliance program

(1) In general

After consultation with the importing community, the Customs

Service shall by regulation establish a recordkeeping compliance

program which the parties listed in section 1508(a) of this title

may participate in after being certified by the Customs Service

under paragraph (2). Participation in the recordkeeping

compliance program by recordkeepers is voluntary.

(2) Certification

A recordkeeper may be certified as a participant in the

recordkeeping compliance program after meeting the general

recordkeeping requirements established under the program or after

negotiating an alternative program suited to the needs of the

recordkeeper and the Customs Service. Certification requirements

shall take into account the size and nature of the importing

business and the volume of imports. In order to be certified,

the recordkeeper must be able to demonstrate that it -

(A) understands the legal requirements for recordkeeping,

including the nature of the records required to be maintained

and produced and the time periods involved;

(B) has in place procedures to explain the recordkeeping

requirements to those employees who are involved in the

preparation, maintenance, and production of required records;

(C) has in place procedures regarding the preparation and

maintenance of required records, and the production of such

records to the Customs Service;

(D) has designated a dependable individual or individuals to

be responsible for recordkeeping compliance under the program

and whose duties include maintaining familiarity with the

recordkeeping requirements of the Customs Service;

(E) has a record maintenance procedure approved by the

Customs Service for original records, or, if approved by the

Customs Service, for alternative records or recordkeeping

formats other than the original records; and

(F) has procedures for notifying the Customs Service of

occurrences of variances to, and violations of, the

requirements of the recordkeeping compliance program or the

negotiated alternative programs, and for taking corrective

action when notified by the Customs Service of violations or

problems regarding such program.

(g) Penalties

(1) ''Information'' defined

For purposes of this subsection, the term ''information'' means

any record, statement, declaration, document, or electronically

stored or transmitted information or data referred to in

subsection (a)(1)(A) of this section.

(2) Effects of failure to comply with demand

Except as provided in paragraph (4), if a person fails to

comply with a lawful demand for information under subsection

(a)(1)(A) of this section the following provisions apply:

(A) If the failure to comply is a result of the willful

failure of the person to maintain, store, or retrieve the

demanded information, such person shall be subject to a

penalty, for each release of merchandise, not to exceed

$100,000, or an amount equal to 75 percent of the appraised

value of the merchandise, whichever amount is less.

(B) If the failure to comply is a result of the negligence of

the person in maintaining, storing, or retrieving the demanded

information, such person shall be subject to a penalty, for

each release of merchandise, not to exceed $10,000, or an

amount equal to 40 percent of the appraised value of the

merchandise, whichever amount is less.

(C) In addition to any penalty imposed under subparagraph (A)

or (B) regarding demanded information, if such information

related to the eligibility of merchandise for a column 1

special rate of duty under title I, the entry of such

merchandise -

(i) if unliquidated, shall be liquidated at the applicable

column 1 general rate of duty; or

(ii) if liquidated within the 2-year period preceding the

date of the demand, shall be reliquidated, notwithstanding

the time limitation in section 1514 or 1520 of this title, at

the applicable column 1 general rate of duty;

except that any liquidation or reliquidation under clause (i)

or (ii) shall be at the applicable column 2 rate of duty if the

Customs Service demonstrates that the merchandise should be

dutiable at such rate.

(3) Avoidance of penalty

No penalty may be assessed under this subsection if the person

can show -

(A) that the loss of the demanded information was the result

of an act of God or other natural casualty or disaster beyond

the fault of such person or an agent of the person;

(B) on the basis of other evidence satisfactory to the

Customs Service, that the demand was substantially complied

with; or

(C) the information demanded was presented to and retained by

the Customs Service at the time of entry or submitted in

response to an earlier demand.

(4) Penalties not exclusive

Any penalty imposed under this subsection shall be in addition

to any other penalty provided by law except for -

(A) a penalty imposed under section 1592 of this title for a

material omission of the demanded information, or

(B) disciplinary action taken under section 1641 of this

title.

(5) Remission or mitigation

A penalty imposed under this section may be remitted or

mitigated under section 1618 of this title.

(6) Customs summons

Nothing in this subsection shall limit or preclude the Customs

Service from issuing, or seeking the enforcement of, a customs

summons.

(7) Alternatives to penalties

(A) In general

When a recordkeeper who -

(i) has been certified as a participant in the

recordkeeping compliance program under subsection (f) of this

section; and

(ii) is generally in compliance with the appropriate

procedures and requirements of the program;

does not produce a demanded record or information for a

specific release or provide the information by acceptable

alternative means, the Customs Service, in the absence of

willfulness or repeated violations, shall issue a written

notice of the violation to the recordkeeper in lieu of a

monetary penalty. Repeated violations by the recordkeeper may

result in the issuance of penalties and removal of

certification under the program until corrective action,

satisfactory to the Customs Service, is taken.

(B) Contents of notice

A notice of violation issued under subparagraph (A) shall -

(i) state that the recordkeeper has violated the

recordkeeping requirements;

(ii) indicate the record or information which was demanded;

and

(iii) warn the recordkeeper that future failures to produce

demanded records or information may result in the imposition

of monetary penalties.

(C) Response to notice

Within a reasonable time after receiving written notice under

subparagraph (A), the recordkeeper shall notify the Customs

Service of the steps it has taken to prevent a recurrence of

the violation.

(D) Regulations

The Secretary shall promulgate regulations to implement this

paragraph. Such regulations may specify the time periods for

compliance with a demand for information and provide guidelines

which define repeated violations for purposes of this

paragraph. Any penalty issued for a recordkeeping violation

shall take into account the degree of compliance compared to

the total number of importations, the nature of the demanded

records and the recordkeeper's cooperation.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 509, 46 Stat. 733; June 25,

1948, ch. 646, Sec. 26, 62 Stat. 990; Pub. L. 91-271, title III,

Sec. 301(n), June 2, 1970, 84 Stat. 289; Pub. L. 95-410, title I,

Sec. 105, Oct. 3, 1978, 92 Stat. 889; Pub. L. 99-570, title III,

Sec. 3117, Oct. 27, 1986, 100 Stat. 3207-84; Pub. L. 103-182, title

II, Sec. 205(b), title VI, Sec. 615, Dec. 8, 1993, 107 Stat. 2094,

2175; Pub. L. 104-295, Sec. 3(a)(1), (10), Oct. 11, 1996, 110 Stat.

3515, 3516; Pub. L. 107-210, div. A, title III, Sec. 382, Aug. 6,

2002, 116 Stat. 992.)

-REFTEXT-

REFERENCES IN TEXT

Title I, referred to in subsec. (g)(2)(C), means title I of act

June 17, 1930, ch. 497, as amended, which contains the Harmonized

Tariff Schedule of the United States and which is not set out in

the Code. See notes preceding section 1202 of this title and

Publication of Harmonized Tariff Schedule note set out under

section 1202 of this title.

-MISC2-

PRIOR PROVISIONS

Provisions substantially the same, in most respects, as those in

this section, were contained in act Oct. 3, 1913, ch. 16, Sec. III,

O, 38 Stat. 188, which substantially reenacted the provisions of

Customs Administrative Act of June 10, 1890, ch. 407, Sec. 16, 26

Stat. 138, as renumbered and reenacted without other change by the

Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6, Sec. 28, 36 Stat.

100. Section III of the 1913 act was superseded and more closely

assimilated to this section by act Sept. 21, 1922, ch. 356, title

IV, Sec. 508, 42 Stat. 968, and repealed by section 643 thereof.

Section 508 of the 1922 act was superseded by section 509 of act

June 17, 1930, comprising this section, and repealed by section

651(a)(1) of the 1930 act.

Prior provisions similar to those in this section and section

1510 of this title were made by R.S. Sec. 2922-2924, repealed by

section 29 of the Customs Administrative Act of 1890, 26 Stat. 141.

AMENDMENTS

2002 - Subsec. (b)(6). Pub. L. 107-210 added par. (6).

1996 - Subsec. (a)(2). Pub. L. 104-295, Sec. 3(a)(1), substituted

''(d)(1)(A)'' for ''(c)(1)(A)'' in concluding provisions.

Subsec. (b)(3), (4). Pub. L. 104-295, Sec. 3(a)(10), substituted

''officer designated pursuant to regulations'' for ''appropriate

regional commissioner''.

1993 - Subsec. (a). Pub. L. 103-182, Sec. 615(1)(A), substituted

'', fees and taxes'' for ''and taxes'' in two places in

introductory provisions.

Subsec. (a)(1). Pub. L. 103-182, Sec. 615(1)(B), amended par. (1)

generally. Prior to amendment, par. (1) read as follows:

''examine, or cause to be examined, upon reasonable notice, any

record, statement, declaration or other document, described in the

notice with reasonable specificity, which may be relevant to such

investigation or inquiry;''.

Subsec. (a)(2)(A). Pub. L. 103-182, Sec. 615(1)(C), amended

subpar. (A) generally. Prior to amendment, subpar. (A) read as

follows: ''the person who imported, or knowingly caused to be

imported, merchandise into the customs territory of the United

States,''. See Construction of 1993 Amendment note below.

Subsec. (a)(2)(A)(ii). Pub. L. 103-182, Sec. 205(b), amended

generally cl. (ii), as amended by Pub. L. 103-182, Sec. 615(1)(C).

Prior to amendment, cl. (ii) read as follows: ''exported

merchandise, or knowingly caused merchandise to be exported, to

Canada,''. See Construction of 1993 Amendment note below.

Subsec. (a)(2)(B), (C). Pub. L. 103-182, Sec. 615(1)(C), amended

subpars. (B) and (C) generally. Prior to amendment, subpars. (B)

and (C) read as follows:

''(B) any officer, employee, or agent of such person,

''(C) any person having possession, custody, or care of records

relating to such importation, or''.

Subsec. (a)(2)(D). Pub. L. 103-182, Sec. 615(1)(D), substituted a

semicolon for comma at end.

Subsecs. (b), (c). Pub. L. 103-182, Sec. 615(2), (3), added

subsec. (b) and redesignated former subsec. (b) as (c). Former

subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 103-182, Sec. 615(2), redesignated subsec.

(c) as (d).

Subsec. (d)(1)(A). Pub. L. 103-182, Sec. 615(4)(A), substituted

''those'' for ''statements, declarations, or documents'' in

introductory provisions.

Subsec. (d)(1)(C)(i). Pub. L. 103-182, Sec. 615(4)(B), inserted

'', unless such customhouse broker is the importer of record on an

entry'' after ''broker''.

Subsec. (d)(2)(B). Pub. L. 103-182, Sec. 615(4)(C), (D),

substituted ''the transactions described in section 1508 of this

title'' for ''the import transactions''.

Subsec. (d)(4)(A). Pub. L. 103-182, Sec. 615(4)(E), inserted '',

fees,'' after ''duties''.

Subsec. (d)(4)(B). Pub. L. 103-182, Sec. 615(4)(C), (D),

substituted ''the transactions described in section 1508 of this

title'' for ''the import transactions''.

Subsecs. (e) to (g). Pub. L. 103-182, Sec. 615(5), added subsecs.

(e) to (g).

1986 - Subsec. (a)(2). Pub. L. 99-570, Sec. 3117(1), substituted

''as defined in subsection (c)(1)(A) of this section'' for

''required to be kept under section 1508 of this title'' in

concluding provisions.

Subsec. (c)(1)(A). Pub. L. 99-570, Sec. 3117(2), amended subpar.

(A) generally. Prior to amendment, subpar. (A) read as follows:

''The term 'records' includes statements, declarations, or

documents required to be kept under section 1508 of this title.''

1978 - Pub. L. 95-410 substituted subsec. (a) to (c) provisions

for examination of books and witnesses for prior provisions for

examination of importer and others, which authorized appropriate

customs officers to issue citations for examination under oath of

any owner, importer, consignee, agent, or other person upon any

material matter or thing respecting any imported merchandise then

under consideration or previously imported within one year, in

ascertaining the classification or the value thereof or the rate or

amount of duty and to require production of any letters, accounts,

contracts, invoices, or other documents relating to the

merchandise, and the reduction of the testimony to writing,

required the testimony to be filed and preserved under Customs

Court rules, and authorized consideration of the evidence in

subsequent proceedings relating to the merchandise.

1970 - Pub. L. 91-271 substituted ''Appropriate customs officer''

for ''Collectors and appraisers''.

1948 - Act June 25, 1948, struck out ''and judges and divisions

of the United States Customs Court'' after ''Collectors and

appraisers'' in first sentence.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-295 applicable as of Dec. 8, 1993, see

section 3(b) of Pub. L. 104-295, set out as a note under section

1321 of this title.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 205(b) of Pub. L. 103-182 effective on the

date the North American Free Trade Agreement enters into force with

respect to the United States (Jan. 1, 1994), see section 213(b) of

Pub. L. 103-182, set out as an Effective Date note under section

3331 of this title.

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.

EFFECTIVE DATE OF 1948 AMENDMENT

Section 38 of act June 25, 1948, provided that the amendment made

by that act is effective Sept. 1, 1948.

CONSTRUCTION OF 1993 AMENDMENT

Amendment by section 205(b) of Pub. L. 103-182 to be made after

amendment by section 615 of Pub. L. 103-182 is executed, see

section 212 of Pub. L. 103-182, set out as a note under section 58c

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1508, 1510, 1553a of this

title; title 26 section 6103.

-CITE-

19 USC Sec. 1510 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1510. Judicial enforcement

-STATUTE-

(a) Order of court

If any person summoned under section 1509 of this title does not

comply with the summons, the district court of the United States

for any district in which such person is found or resides or is

doing business, upon application and after notice to any such

person and hearing, shall have jurisdiction to issue an order

requiring such person to comply with the summons. Failure to obey

such order of the court may be punished by such court as a contempt

thereof and such court may assess a monetary penalty.

(b) Sanctions

(1) For so long as any person, after being adjudged guilty of

contempt for neglecting or refusing to obey a lawful summons issued

under section 1509 of this title and for refusing to obey the order

of the court, remains in contempt, the Secretary may -

(A) prohibit that person from importing merchandise into the

customs territory of the United States directly or indirectly or

for his account, and

(B) instruct the appropriate customs officers to withhold

delivery of merchandise imported directly or indirectly by that

person or for his account.

(2) If any person remains in contempt for more than one year

after the date on which the Secretary issues instructions under

paragraph (1)(B) with respect to that person, the appropriate

customs officers shall cause all merchandise held in customs

custody pursuant to such instructions to be sold at public auction

or otherwise disposed of under the customs laws.

(3) The sanctions which may be imposed under paragraphs (1) and

(2) are in addition to any punishment which may be imposed by the

court for contempt.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 510, 46 Stat. 733; Pub. L.

91-271, title III, Sec. 301(o), June 2, 1970, 84 Stat. 290; Pub. L.

95-410, title I, Sec. 106, Oct. 3, 1978, 92 Stat. 891; Pub. L.

103-182, title VI, Sec. 616, Dec. 8, 1993, 107 Stat. 2179.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in subsec. (b)(2), are classified

generally to this title.

-MISC2-

PRIOR PROVISIONS

Provisions substantially the same as those in this section were

contained in act Oct. 3, 1913, ch. 16, Sec. III, P, 38 Stat. 188,

which substantially reenacted the provisions of the Customs

Administrative Act of June 10, 1890, ch. 407, Sec. 17, 26 Stat.

139, as renumbered and reenacted without other change by the

Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6, Sec. 23, 36 Stat.

100. Section III, P, of the 1913 act was superseded by act Sept.

21, 1922, ch. 356, title IV, Sec. 509, 42 Stat. 968, and repealed

by section 643 thereof. Section 509 of the 1922 act was superseded

by section 510 of act June 17, 1930, comprising this section, and

repealed by section 651(a)(1) of the 1930 act.

Prior provisions similar to those in this section were contained

in R.S. Sec. 2923, 2924, prior to repeal by section 29 of the

Customs Administrative Act of June 10, 1890, 26 Stat. 141.

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-182 inserted before period at end

''and such court may assess a monetary penalty''.

1978 - Pub. L. 95-410 substituted judicial enforcement provisions

covering court order for compliance with administrative summonses

and imposition of specified sanctions for prior provisions covering

imposition of penalties for refusal to give testimony, including

provision for a penalty of not less than $20 nor more than $500 for

refusing to appear or to produce documents or to subscribe his name

to a deposition or refusing to answer interrogatories; deeming the

last made appraisement of the merchandise as final where an owner,

importer, or consignee failed to comply with the examination

provisions; deeming the person falsely swearing on an examination

guilty of perjury; and forfeiture of the merchandise where the

person was an owner, importer, or consignee, or the recovery of its

value from him.

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

customs officer for references to collector or appraiser wherever

appearing, and struck out references to divisions of United States

Customs Court.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1509 of this title.

-CITE-

19 USC Sec. 1511 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1511. Repealed. Pub. L. 95-410, title I, Sec. 107, Oct. 3,

1978, 92 Stat. 892

-MISC1-

Section, acts June 17, 1930, ch. 497, title IV, Sec. 511, 46

Stat. 733; June 2, 1970, Pub. L. 91-271, title III, Sec. 301(p), 84

Stat. 290, provided for inspection of importer's books. See

sections 1508-1510 of this title.

Provisions similar to those in this section were contained in act

May 27, 1921, ch. 14, Sec. 405, 42 Stat. 18, which was superseded

by act Sept. 21, 1922, ch. 356, title IV, Sec. 511, 42 Stat. 969.

Section 511 of the 1922 act was superseded by section 511 of act

June 17, 1930, comprising this section, and repealed by section

651(a)(1) of the 1930 act.

Earlier provisions for assessment of additional duty for failure

or refusal of persons importing merchandise or dealing in imported

merchandise to submit their books, records, etc., to inspection,

were contained in act Oct. 3, 1913, ch. 16, Sec. III, V, 38 Stat.

190, prior to repeal by act Sept. 21, 1922, ch. 356, title IV, Sec.

643, 42 Stat. 989.

-CITE-

19 USC Sec. 1512 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1512. Deposit of duty receipts

-STATUTE-

All moneys paid to any customs officer for unascertained duties

or for duties paid under protest against the rate or amount of

duties charged shall be deposited to the credit of the Treasurer of

the United States and shall not be held by the customs officers to

await any ascertainment of duties or the result of any litigation

in relation to the rate or amount of duties legally chargeable and

collectible in any case where money is so paid.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 512, 46 Stat. 734; Pub. L.

91-271, title III, Sec. 301(q), June 2, 1970, 84 Stat. 290.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

R.S. Sec. 3010, which was superseded by act Sept. 21, 1922, ch.

356, title IV, Sec. 512, 42 Stat. 969, and was repealed by section

642 thereof. Section 512 of the 1922 act was superseded by section

512 of act June 17, 1930, comprising this section, and repealed by

section 651(a)(1) of the 1930 act.

AMENDMENTS

1970 - Pub. L. 91-271 substituted references to customs officers

for references to collectors wherever appearing.

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.

-CITE-

19 USC Sec. 1513 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1513. Customs officer's immunity

-STATUTE-

No customs officer shall be liable in any way to any person for

or on account of -

(1) any ruling or decision regarding the appraisement or the

classification of any imported merchandise or regarding the

duties, fees, and taxes charged thereon,

(2) the collection of any dues, charges, duties, fees, and

taxes on or on account of any imported merchandise, or

(3) any other matter or thing as to which any person might

under this chapter be entitled to protest or appeal from the

decision of such officer.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 513, 46 Stat. 734; Pub. L.

91-271, title III, Sec. 301(r), June 2, 1970, 84 Stat. 290; Pub. L.

103-182, title VI, Sec. 644, Dec. 8, 1993, 107 Stat. 2206.)

-MISC1-

PRIOR PROVISIONS

Provisions substantially the same as those in this section,

except that they did not specifically refer to rulings or decisions

as to appraisement, were contained in act Oct. 3, 1913, ch. 16,

Sec. III, Z, 38 Stat. 191, which reenacted without change the

provisions of the Customs Administrative Act of June 10, 1890, ch.

407, Sec. 25, 26 Stat. 141, as reenacted by the Payne-Aldrich

Tariff Act of Aug. 5, 1909, ch. 6, Sec. 28, 36 Stat. 103. Section

III, Z, of the 1913 act was superseded and more closely assimilated

to this section by act Sept. 21, 1922, ch. 356, title IV, Sec. 513,

42 Stat. 969, and repealed by section 643 thereof. Section 513 of

the 1922 act was superseded by section 513 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

AMENDMENTS

1993 - Pub. L. 103-182 amended section generally. Prior to

amendment, section read as follows: ''No customs officer shall be

in any way liable to any owner, importer, consignee, or agent or

any other person for or on account of any rulings or decisions as

to the appraisement or the classification of any imported

merchandise or the duties charged thereon, or the collection of any

dues, charges, or duties on or on account of said merchandise, or

any other matter or thing as to which said owner, importer,

consignee, or agent might under this chapter be entitled to protest

or appeal from the decision of such officer.''

1970 - Pub. L. 91-271 substituted ''customs officer'' for

''collector or other customs officer'' and ''such officer'' for

''such collector or other officer''.

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.

-CITE-

19 USC Sec. 1514 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1514. Protest against decisions of Customs Service

-STATUTE-

(a) Finality of decisions; return of papers

Except as provided in subsection (b) of this section, section

1501 of this title (relating to voluntary reliquidations), section

1516 of this title (relating to petitions by domestic interested

parties), and section 1520 of this title (relating to refunds and

errors), decisions of the Customs Service, including the legality

of all orders and findings entering into the same, as to -

(1) the appraised value of merchandise;

(2) the classification and rate and amount of duties

chargeable;

(3) all charges or exactions of whatever character within the

jurisdiction of the Secretary of the Treasury;

(4) the exclusion of merchandise from entry or delivery or a

demand for redelivery to customs custody under any provision of

the customs laws, except a determination appealable under section

1337 of this title;

(5) the liquidation or reliquidation of an entry, or

reconciliation as to the issues contained therein, or any

modification thereof;

(6) the refusal to pay a claim for drawback; or

(7) the refusal to reliquidate an entry under subsection (c) or

(d) of section 1520 of this title;

shall be final and conclusive upon all persons (including the

United States and any officer thereof) unless a protest is filed in

accordance with this section, or unless a civil action contesting

the denial of a protest, in whole or in part, is commenced in the

United States Court of International Trade in accordance with

chapter 169 of title 28 within the time prescribed by section 2636

of that title. When a judgment or order of the United States Court

of International Trade has become final, the papers transmitted

shall be returned, together with a copy of the judgment or order to

the Customs Service, which shall take action accordingly.

(b) Finality of determinations

With respect to determinations made under section 1303 (FOOTNOTE

1) of this title or subtitle IV of this chapter which are

reviewable under section 1516a of this title, determinations of the

Customs Service are final and conclusive upon all persons

(including the United States and any officer thereof) unless a

civil action contesting a determination listed in section 1516a of

this title is commenced in the United States Court of International

Trade, or review by a binational panel of a determination to which

section 1516a(g)(2) of this title applies is commenced pursuant to

section 1516a(g) of this title and article 1904 of the North

American Free Trade Agreement or the United States-Canada

Free-Trade Agreement.

(FOOTNOTE 1) See References in Text note below.

(c) Form, number, and amendment of protest; filing of protest

(1) A protest of a decision made under subsection (a) of this

section shall be filed in writing, or transmitted electronically

pursuant to an electronic data interchange system, in accordance

with regulations prescribed by the Secretary. A protest must set

forth distinctly and specifically -

(A) each decision described in subsection (a) of this section

as to which protest is made;

(B) each category of merchandise affected by each decision set

forth under paragraph (1);

(C) the nature of each objection and the reasons therefor; and

(D) any other matter required by the Secretary by regulation.

Only one protest may be filed for each entry of merchandise, except

that where the entry covers merchandise of different categories, a

separate protest may be filed for each category. In addition,

separate protests filed by different authorized persons with

respect to any one category of merchandise, or with respect to a

determination of origin under section 3332 of this title, that is

the subject of a protest are deemed to be part of a single

protest. A protest may be amended, under regulations prescribed by

the Secretary, to set forth objections as to a decision or

decisions described in subsection (a) of this section which were

not the subject of the original protest, in the form and manner

prescribed for a protest, any time prior to the expiration of the

time in which such protest could have been filed under this

section. New grounds in support of objections raised by a valid

protest or amendment thereto may be presented for consideration in

connection with the review of such protest pursuant to section 1515

of this title at any time prior to the disposition of the protest

in accordance with that section.

(2) Except as provided in sections 1485(d) and 1557(b) of this

title, protests may be filed with respect to merchandise which is

the subject of a decision specified in subsection (a) of this

section by -

(A) the importers or consignees shown on the entry papers, or

their sureties;

(B) any person paying any charge or exaction;

(C) any person seeking entry or delivery;

(D) any person filing a claim for drawback;

(E) with respect to a determination of origin under section

3332 of this title, any exporter or producer of the merchandise

subject to that determination, if the exporter or producer

completed and signed a NAFTA Certificate of Origin covering the

merchandise; or

(F) any authorized agent of any of the persons described in

clauses (A) through (E).

(3) A protest of a decision, order, or finding described in

subsection (a) of this section shall be filed with the Customs

Service within ninety days after but not before -

(A) notice of liquidation or reliquidation, or

(B) in circumstances where subparagraph (A) is inapplicable,

the date of the decision as to which protest is made.

A protest by a surety which has an unsatisfied legal claim under

its bond may be filed within 90 days from the date of mailing of

notice of demand for payment against its bond. If another party

has not filed a timely protest, the surety's protest shall certify

that it is not being filed collusively to extend another authorized

person's time to protest as specified in this subsection.

(d) Limitation on protest of reliquidation

The reliquidation of an entry shall not open such entry so that a

protest may be filed against the decision of the Customs Service

upon any question not involved in such reliquidation.

(e) Advance notice of certain determinations

Except as provided in subsection (f) of this section, an exporter

or producer referred to in subsection (c)(2)(E) of this section

shall be provided notice in advance of an adverse determination of

origin under section 3332 of this title. The Secretary may, by

regulations, prescribe the time period in which such advance notice

shall be issued and authorize the Customs Service to provide in the

notice the entry number and any other entry information considered

necessary to allow the exporter or producer to exercise the rights

provided by this section.

(f) Denial of preferential treatment

If the Customs Service finds indications of a pattern of conduct

by an exporter or producer of false or unsupported representations

that goods qualify under the rules of origin set out in section

3332 of this title -

(1) the Customs Service, in accordance with regulations issued

by the Secretary, may deny preferential tariff treatment to

entries of identical goods exported or produced by that person;

and

(2) the advance notice requirement in subsection (e) of this

section shall not apply to that person;

until the person establishes to the satisfaction of the Customs

Service that its representations are in conformity with section

3332 of this title.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 514, 46 Stat. 734; Pub. L.

91-271, title II, Sec. 207, June 2, 1970, 84 Stat. 284; Pub. L.

96-39, title X, Sec. 1001(b)(3), July 26, 1979, 93 Stat. 305; Pub.

L. 96-417, title VI, Sec. 601(5), 605, Oct. 10, 1980, 94 Stat.

1744; Pub. L. 98-573, title VI, Sec. 612(b)(1), Oct. 30, 1984, 98

Stat. 3034; Pub. L. 99-514, title XVIII, Sec. 1888(4), Oct. 22,

1986, 100 Stat. 2924; Pub. L. 100-449, title IV, Sec. 403(b), Sept.

28, 1988, 102 Stat. 1884; Pub. L. 103-182, title II, Sec. 208,

title IV, Sec. 412(a), title VI, Sec. 645, Dec. 8, 1993, 107 Stat.

2097, 2146, 2206; Pub. L. 104-295, Sec. 21(e)(7), Oct. 11, 1996,

110 Stat. 3531; Pub. L. 106-36, title II, Sec. 2408(b), June 25,

1999, 113 Stat. 171.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in subsec. (a)(4), are classified

generally to this title.

Section 1303 of this title, referred to in subsec. (b), is

defined in section 1677(26) of this title to mean section 1330 as

in effect on the day before Jan. 1, 1995.

-COD-

CODIFICATION

Section was formerly classified to former section 579 of this

title subsequent to its classification to section 784 of title 28

prior to the general revision and enactment of Title 28, Judiciary

and Judicial Procedure, by act June 25, 1948, ch. 464, Sec. 1, 62

Stat. 869.

-MISC3-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 514, 42 Stat. 969. That

section was superseded by section 514 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Provisions that the decision of the collector as to duties,

including dutiable costs and charges, and as to all fees and

exactions, should be final and conclusive unless a protest was

filed within 30 days after ascertainment and liquidation of duties,

or within 15 days after payment of fees, charges and exactions,

with further provisions as to fees, transmission of the papers to

the Board of General Appraisers, etc., were contained in act Oct.

3, 1913, ch. 16, Sec. III, N, 38 Stat. 187, the provisions of which

were substituted for provisions of a similar nature in the Customs

Administrative Act of June 10, 1890, ch. 407, Sec. 14, 26 Stat.

137, as amended by the Payne-Aldrich Tariff Act of Aug. 5, 1909,

ch. 6, Sec. 28, 36 Stat. 100. Section III, N, of the 1913 act was

repealed by act Sept. 21, 1922, ch. 356, title IV, Sec. 643, 42

Stat. 989.

Provisions relating to decisions of the collector, and appeals

therefrom to the Secretary of the Treasury were contained in R.S.

Sec. 2931, 2932, prior to repeal by section 29 of the Customs

Administrative Act, 26 Stat. 141.

AMENDMENTS

1999 - Subsec. (a)(7). Pub. L. 106-36 substituted ''subsection

(c) or (d) of section 1520'' for ''section 1520(c)''.

1996 - Subsec. (a). Pub. L. 104-295 substituted ''and section

1520 of this title (relating to refunds and errors)'' for ''section

1520 of this title (relating to refunds and errors), and section

1521 of this title (relating to reliquidations on account of

fraud)''.

1993 - Pub. L. 103-182, Sec. 645(7), amended section catchline

generally.

Subsec. (a). Pub. L. 103-182, Sec. 645(1), in introductory

provisions, substituted ''Customs Service'' for ''appropriate

customs officer'', in par. (5), inserted ''or reconciliation as to

the issues contained therein,'' after ''entry,'', in par. (6),

substituted ''or'' for ''and'' at end, in par. (7), substituted a

semicolon for the comma at end, and in concluding provisions,

substituted ''Customs Service, which'' for ''appropriate customs

officer, who''.

Subsec. (b). Pub. L. 103-182, Sec. 645(2), substituted ''Customs

Service'' for ''appropriate customs officer''.

Pub. L. 103-182, Sec. 412(a), inserted ''the North American Free

Trade Agreement or'' before ''the United States-Canada Free-Trade

Agreement''.

Subsec. (c)(1). Pub. L. 103-182, Sec. 208(1), inserted in fourth

sentence '', or with respect to a determination of origin under

section 3332 of this title,'' after ''with respect to any one

category of merchandise''. See Construction of 1993 Amendment note

below.

Pub. L. 103-182, Sec. 645(3), substituted first two sentences,

including subpars. (A) to (D), for former first sentence which read

as follows: ''A protest of a decision under subsection (a) of this

section shall be filed in writing with the appropriate customs

officer designated in regulations prescribed by the Secretary,

setting forth distinctly and specifically each decision described

in subsection (a) of this section as to which protest is made; each

category of merchandise affected by each such decision as to which

protest is made; and the nature of each objection and reasons

therefor.'' See Construction of 1993 Amendment note below.

Subsec. (c)(2). Pub. L. 103-182, Sec. 208(2), added subpar. (E)

and redesignated former subpar. (E) as (F) and substituted

''clauses (A) through (E)'' for ''clauses (A) through (D)''. See

Construction of 1993 Amendment note below.

Pub. L. 103-182, Sec. 645(5), designated last sentence of par.

(1) as par. (2). Former par. (2) redesignated (3). See Construction

of 1993 Amendment note below.

Subsec. (c)(3). Pub. L. 103-182, Sec. 645(4), redesignated par.

(2) as (3) and substituted ''the Customs Service'' for ''such

customs officer'' in introductory provisions.

Subsec. (d). Pub. L. 103-182, Sec. 645(6), substituted ''Customs

Service'' for ''customs officer''.

Subsecs. (e), (f). Pub. L. 103-182, Sec. 208(3), added subsecs.

(e) and (f).

1988 - Subsec. (b). Pub. L. 100-449 inserted '', or review by a

binational panel of a determination to which section 1516a(g)(2) of

this title applies is commenced pursuant to section 1516a(g) of

this title and article 1904 of the United States-Canada Free-Trade

Agreement'' before period at end.

1986 - Subsec. (a). Pub. L. 99-514 struck out ''as defined in

section 1677(9)(C), (D), (E), and (F) of this title'' after

''domestic interested parties''.

1984 - Subsec. (a). Pub. L. 98-573 substituted ''section

1677(9)(C), (D), (E), and (F) of this title'' for ''section

1677(9)(C), (D), and (E) of this title'' in provisions preceding

par. (1).

1980 - Subsec. (a). Pub. L. 96-417, Sec. 601(5), 605,

redesignated the United States Customs Court as the United States

Court of International Trade, inserted in item (4) provision for

decisions as to a demand for redelivery to customs custody and the

phrase '', except a determination appealable under section 1337 of

this title'' and substituted provision for contesting denial of a

protest in accordance with chapter 169 of title 28 within the time

prescribed by section 2636 of that title for provision for such

contest in accordance with section 2632 of title 28 within the time

prescribed by section 2631 of that title.

Subsec. (b). Pub. L. 96-417, Sec. 601(5), redesignated the United

States Customs Court as the United States Court of International

Trade.

1979 - Subsec. (a). Pub. L. 96-39, Sec. 1001(b)(3)(A), (B),

inserted reference to subsection (b) of this section and

substituted ''section 1516 of this title (relating to petitions by

domestic interested parties as defined in section 1677(9)(C), (D),

and (E) of this title)'' for ''section 1516 of this title (relating

to petitions by American manufacturers, producers, and

wholesalers)'' in provisions preceding par. (1).

Subsec. (b). Pub. L. 96-39, Sec. 1001(b)(3)(D), added subsec.

(b). Former subsec. (b) redesignated (c).

Subsec. (c)(1). Pub. L. 96-39, Sec. 1001(b)(3)(C), (E),

redesignated former subsec. (b)(1) as (c)(1) and substituted

provisions that, except as provided in sections 1485(d) and 1557(b)

of this title, protests may be filed by importers or consignees or

their sureties, persons paying a charge or exaction, persons

seeking entry or delivery, persons filing a claim for drawback, and

authorized agents of such persons for provisions that, except as

otherwise provided in section 1557(b) of this title, protests could

be filed only by importers, consignees, or the authorized agents of

persons paying any charges, or exactions, persons filing claims for

drawback, or persons seeking entry or delivery.

Subsec. (c)(2). Pub. L. 96-39, Sec. 1001(b)(3)(C), (F),

redesignated former subsec. (b)(2) as (c)(2) and inserted provision

that a protest by a surety which has an unsatisfied legal claim

under its bond may be filed within 90 days from the date of mailing

of notice of demand for payment against its bond and that, if

another party has not filed a timely protest, the surety's protest

shall certify that it is not being filed collusively to extend

another authorized person's time to protest as specified in this

subsection.

Subsec. (d). Pub. L. 96-39, Sec. 1001(b)(3)(C), redesignated

former subsec. (c) as (d).

1970 - Pub. L. 91-271 designated existing provisions as subsec.

(a), expanded references to sections excepted from application of

this section, substituted decisions of the appropriate customs

officer for all decisions of the collector as deemed to be final

and conclusive, reorganized the categories of decisions and

findings subject to such finality and conclusiveness, and revised

the procedures for filing of protests, and added subsecs. (b) and

(c).

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-36, title II, Sec. 2408(c), June 25, 1999, 113 Stat.

171, provided that: ''The amendments made by this section (amending

this section and section 1520 of this title) apply with respect to

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

after the 15th day after the date of the enactment of this Act

(June 25, 1999).''

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 208 of Pub. L. 103-182 effective on the date

the North American Free Trade Agreement enters into force with

respect to the United States (Jan. 1, 1994), see section 213(b) of

Pub. L. 103-182, set out as an Effective Date note under section

3331 of this title.

Amendment by section 412(a) of Pub. L. 103-182 effective on the

date the North American Free Trade Agreement enters into force with

respect to the United States (Jan. 1, 1994), but not applicable to

any final determination described in section 1516a(a)(1)(B) or

(2)(B)(i), (ii), or (iii) of this title, notice of which is

published in the Federal Register before such date, or to a

determination described in section 1516a(a)(2)(B)(vi) of this

title, notice of which is received by the Government of Canada or

Mexico before such date, or to any binational panel review under

the United States-Canada Free-Trade Agreement, or to any

extraordinary challenge arising out of any such review, that was

commenced before such date, see section 416 of Pub. L. 103-182, set

out as an Effective Date note under section 3431 of this title.

EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT

Amendment by Pub. L. 100-449 effective on date the United

States-Canada Free-Trade Agreement enters into force (Jan. 1,

1989), and to cease to have effect on date Agreement ceases to be

in force, see section 501(a), (c) of Pub. L. 100-449, set out in a

note under section 2112 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 applicable with respect to

investigations initiated by petition or by the administering

authority under parts I and II of subtitle IV of this chapter, and

to reviews begun under section 1675 of this title, on or after Oct.

30, 1984, see section 626(b)(1) of Pub. L. 98-573, as amended, set

out as a note under section 1671 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 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 a note under section 251 of Title 28, Judiciary and Judicial

Procedure.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-39 effective Jan. 1, 1980, see sections

1002 and 107 of Pub. L. 96-39, set out as Effective Date notes

under sections 1516a and 1671 of this title, respectively.

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.

CONSTRUCTION OF 1993 AMENDMENT

Amendment by section 208 of Pub. L. 103-182 to be made after

amendment by section 645 of Pub. L. 103-182 is executed, see

section 212 of Pub. L. 103-182, set out as a note under section 58c

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 Secretary of the Treasury under this section insofar

as they relate to any protest, petition, or notice of desire to

contest described in section 1002(b)(1) of the Trade Agreements Act

of 1979, set out as a note under section 1516a of this title,

transferred to Secretary of Commerce pursuant to Reorg. Plan No. 3

of 1979, Sec. 5(a)(1)(D), 44 F.R. 69275, 93 Stat. 1381, eff. Jan.

2, 1980, as provided by section 1-107(a) of Ex. Ord. No. 12188,

Jan. 2, 1980, 45 F.R. 993, set out as notes under section 2171 of

this title.

-MISC5-

EFFECT OF TERMINATION OF NAFTA COUNTRY STATUS

For provisions relating to effect of termination of NAFTA country

status on the provisions of sections 401 to 416 of Pub. L. 103-182,

see section 3451 of this title.

INCONSISTENT DECISIONS OF CUSTOMS OFFICERS

Pub. L. 100-690, title VII, Sec. 7361(c), Nov. 18, 1988, 102

Stat. 4474, provided that:

''(1) The Secretary of the Treasury shall prescribe regulations

that -

''(A) effect uniformity in -

''(i) decisions described in section 514(a) of the Tariff Act

of 1930 (19 U.S.C. 1514(a)) that are made by customs officers

with respect to the same, or substantially similar,

merchandise, and

''(ii) decisions to conduct intensified inspections or

examinations of merchandise at ports of entry, and

''(B) establish procedures that allow individuals described in

section 514(c)(1) of the Tariff Act of 1930 (19 U.S.C.

1514(c)(1)), any port authority, and any other interested party

(within the meaning of section 516(a)(2) of the Tariff Act of

1930 (19 U.S.C. 1516(a)(2))) to petition the Secretary to obtain

such uniformity in an expedited and timely fashion.

''(2) The Secretary of the Treasury shall publish in the Federal

Register and submit to the Committee on Finance of the Senate and

the Committee on Ways and Means of the House of Representatives the

proposed and final form of the regulations prescribed under

paragraph (1) and shall receive and consider comments from the

public regarding the proposed form of such regulations during the

60-day period beginning on the date the proposed form of such

regulations are published in the Federal Register.

''(3) The regulations prescribed under paragraph (1) shall take

effect by no later than April 1, 1989.

''(4) By no later than September 1, 1989, the Secretary of the

Treasury shall submit to the Committee on Finance of the Senate and

the Committee on Ways and Means of the House of Representatives a

report on the effectiveness of the regulations prescribed under

paragraph (1) and recommendations for permanent legislation

addressing uniformity.''

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title

XVIII (Sec. 1801-1899A) of Pub. L. 99-514 require an amendment to

any plan, such plan amendment shall not be required to be made

before the first plan year beginning on or after Jan. 1, 1989, see

section 1140 of Pub. L. 99-514, as amended, set out as a note under

section 401 of Title 26, Internal Revenue Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1499, 1509, 1515, 1557,

1592, 1593a, 2013, 3011, 3522 of this title; title 28 sections

2631, 2638.

-CITE-

19 USC Sec. 1515 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1515. Review of protests

-STATUTE-

(a) Administrative review and modification of decisions

Unless a request for an accelerated disposition of a protest is

filed in accordance with subsection (b) of this section the

appropriate customs officer, within two years from the date a

protest was filed in accordance with section 1514 of this title,

shall review the protest and shall allow or deny such protest in

whole or in part. Thereafter, any duties, charge, or exaction

found to have been assessed or collected in excess shall be

remitted or refunded and any drawback found due shall be paid.

Upon the request of the protesting party, filed within the time

allowed for the filing of a protest under section 1514 of this

title, a protest may be subject to further review by another

appropriate customs officer, under the circumstances and in the

form and manner that may be prescribed by the Secretary in

regulations, but subject to the two-year limitation prescribed in

the first sentence of this subsection. Within 30 days from the

date an application for further review is filed, the appropriate

customs officer shall allow or deny the application and, if

allowed, the protest shall be forwarded to the customs officer who

will be conducting the further review. Notice of the denial of any

protest shall be mailed in the form and manner prescribed by the

Secretary. Such notice shall include a statement of the reasons for

the denial, as well as a statement informing the protesting party

of his right to file a civil action contesting the denial of a

protest under section 1514 of this title.

(b) Request for accelerated disposition of protest

A request for accelerated disposition of a protest filed in

accordance with section 1514 of this title may be mailed by

certified or registered mail to the appropriate customs officer any

time after ninety days following the filing of such protest. For

purposes of section 1581 of title 28, a protest which has not been

allowed or denied in whole or in part within thirty days following

the date of mailing by certified or registered mail of a request

for accelerated disposition shall be deemed denied on the thirtieth

day following mailing of such request.

(c) Request for set aside of denial of further review

If a protesting party believes that an application for further

review was erroneously or improperly denied or was denied without

authority for such action, it may file with the Commissioner of

Customs a written request that the denial of the application for

further review be set aside. Such request must be filed within 60

days after the date of the notice of the denial. The Commissioner

of Customs may review such request and, based solely on the

information before the Customs Service at the time the application

for further review was denied, may set aside the denial of the

application for further review and void the denial of protest, if

appropriate. If the Commissioner of Customs fails to act within 60

days after the date of the request, the request shall be considered

denied. All denials of protests are effective from the date of

original denial for purposes of section 2636 of title 28. If an

action is commenced in the Court of International Trade that arises

out of a protest or an application for further review, all

administrative action pertaining to such protest or application

shall terminate and any administrative action taken subsequent to

the commencement of the action is null and void.

(d) Voiding denial of protest

If a protest is timely and properly filed, but is denied contrary

to proper instructions, the Customs Service may on its own

initiative, or pursuant to a written request by the protesting

party filed with the appropriate port director within 90 days after

the date of the protest denial, void the denial of the protest.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 515, 46 Stat. 734; Pub. L.

91-271, title II, Sec. 208, June 2, 1970, 84 Stat. 285; Pub. L.

96-39, title X, Sec. 1001(b)(2), July 26, 1979, 93 Stat. 304; Pub.

L. 96-417, title VI, Sec. 606, Oct. 10, 1980, 94 Stat. 1745; Pub.

L. 103-182, title VI, Sec. 617, Dec. 8, 1993, 107 Stat. 2179; Pub.

L. 104-295, Sec. 3(a)(11), Oct. 11, 1996, 110 Stat. 3516; Pub. L.

106-36, title II, Sec. 2407, June 25, 1999, 113 Stat. 171.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 515, 42 Stat. 970. That

section was superseded by section 515 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Provisions for transmission of the invoice, papers, and exhibits

to the board of general appraisers in case of protest, and

provisions concerning the conclusiveness of its determination, were

contained in act Oct. 3, 1913, ch. 16, Sec. III, N, 38 Stat. 187,

the provisions of which were substituted for provisions of a

similar nature in Customs Administrative Act of June 10, 1890, ch.

407, Sec. 14, 26 Stat. 137, as amended by Payne-Aldrich Tariff Act

of Aug. 5, 1909, ch. 6, Sec. 28, 36 Stat. 100.

AMENDMENTS

1999 - Subsec. (a). Pub. L. 106-36 inserted after third sentence

''Within 30 days from the date an application for further review is

filed, the appropriate customs officer shall allow or deny the

application and, if allowed, the protest shall be forwarded to the

customs officer who will be conducting the further review.''

1996 - Subsec. (d). Pub. L. 104-295 substituted ''port director''

for ''district director''.

1993 - Subsecs. (c) and (d). Pub. L. 103-182 added subsecs. (c)

and (d).

1980 - Subsec. (b). Pub. L. 96-417 substituted reference to

section ''1581'' for ''1582'' of title 28.

1979 - Subsec. (a). Pub. L. 96-39 required that notice of denial

include a statement of reasons for denial, as well as a statement

informing protesting party of his right to file a civil action

contesting denial of a protest under section 1514 of this title.

1970 - Pub. L. 91-271 designating existing provisions as subsec.

(a), substituted provisions authorizing review by appropriate

customs officer for provisions authorizing review by collector and

revised such review procedures, and added subsec. (b).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-295 applicable as of Dec. 8, 1993, see

section 3(b) of Pub. L. 104-295, set out as a note under section

1321 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 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 a note under section 251 of Title 28, Judiciary and Judicial

Procedure.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-39 effective Jan. 1, 1980, see sections

1002 and 107 of Pub. L. 96-39, set out as Effective Date notes

under sections 1516a and 1671 of this title, respectively.

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 Secretary of the Treasury under this section insofar

as they relate to any protest, petition, or notice of desire to

contest described in section 1002(b)(1) of the Trade Agreements Act

of 1979, set out as a note under section 1516a of this title,

transferred to Secretary of Commerce pursuant to Reorg. Plan No. 3

of 1979, Sec. 5(a)(1)(D), 44 F.R. 69275, 93 Stat. 1381, eff. Jan.

2, 1980, as provided by section 1-107(a) of Ex. Ord. No. 12188,

Jan. 2, 1980, 45 F.R. 993, set out as notes under section 2171 of

this title.

-MISC5-

REVIEW OF PROTESTS IN IMPORT SURCHARGE CASES

Pub. L. 93-618, title VI, Sec. 611, Jan. 3, 1975, 88 Stat. 2075,

provided that: ''Notwithstanding the provisions of section 515(a)

of the Tariff Act of 1930 (19 U.S.C. 1515(a)), in the case of any

protest under section 514 of such Act (section 1514 of this title)

involving the imposition of an import surcharge in the form of a

supplemental duty pursuant to Presidential Proclamation 4074, dated

August 17, 1971 (set out as a note preceding section 1202 of this

title), the time for review and allowing or denying the protest

shall not expire until five years from the date the protest was

filed in accordance with such section 514 (section 1514 of this

title).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1514 of this title; title

28 sections 1581, 2631, 2632, 2635, 2636, 2637, 2638, 2639, 2640,

2644.

-CITE-

19 USC Sec. 1516 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1516. Petitions by domestic interested parties

-STATUTE-

(a) Request for classification and rate of duty; petition

(1) The Secretary shall, upon written request by an interested

party furnish the classification and the rate of duty imposed upon

designated imported merchandise of a class or kind manufactured,

produced, or sold at wholesale by such interested party. If the

interested party believes that the appraised value, the

classification, or rate of duty is not correct, it may file a

petition with the Secretary setting forth -

(A) a description of the merchandise,

(B) the appraised value, the classification, or the rate of

duty that it believes proper, and

(C) the reasons for its belief.

(2) As used in this section, the term ''interested party'' means

a person who is -

(A) a manufacturer, producer, or wholesaler in the United

States;

(B) a certified union or recognized union or group of workers

which is representative of an industry engaged in the

manufacture, production, or wholesale in the United States; or

(C) a trade or business association a majority of whose members

are manufacturers, producers, or wholesalers in the United

States,

of goods of the same class or kind as the designated imported

merchandise. Such term includes an association, a majority of

whose members is composed of persons described in subparagraph (A),

(B), or (C).

(3) Any producer of a raw agricultural product who is considered

under section 1677(4)(E) of this title to be part of the industry

producing a processed agricultural product of the same class or

kind as the designated imported merchandise shall, for purposes of

this section, be treated as an interested party producing such

processed agricultural product.

(b) Determination on petition

If, after receipt and consideration of a petition filed by such

an interested party, the Secretary determines that the appraised

value, the classification, or rate of duty is not correct, he shall

determine the proper appraised value, classification, or rate of

duty and shall notify the petitioner of his determination. All

such merchandise entered for consumption or withdrawn from

warehouse for consumption more than thirty days after the date such

notice to the petitioner is published in the weekly Customs

Bulletin shall be appraised, classified, or assessed as to the rate

of duty in accordance with the Secretary's determination.

(c) Contest by petitioner of appraised value, classification, or

rate of duty

If the Secretary determines that the appraised value,

classification, or rate of duty with respect to which a petition

was filed pursuant to subsection (a) of this section is correct, he

shall notify the petitioner. If dissatisfied with the

determination of the Secretary, the petitioner may file with the

Secretary, not later than thirty days after the date of the

notification, notice that it desires to contest the appraised

value, classification, or rate of duty. Upon receipt of notice

from the petitioner, the Secretary shall cause publication to be

made of his determination as to the proper appraised value,

classification, or rate of duty and of the petitioner's desire to

contest, and shall thereafter furnish the petitioner with such

information as to the entries and consignees of such merchandise,

entered after the publication of the determination of the

Secretary, at such ports of entry designated by the petitioner in

his notice of desire to contest, as will enable the petitioner to

contest the appraised value, classification, or rate of duty

imposed upon such merchandise in the liquidation of one such entry

at such port. The Secretary shall direct the appropriate customs

officer at such ports to immediately notify the petitioner by mail

when the first of such entries is liquidated.

(d) Appraisal, classification, and liquidation of entries of

merchandise covered by published decisions of Secretary

Notwithstanding the filing of an action pursuant to chapter 169

of title 28, merchandise of the character covered by the published

decision of the Secretary (when entered for consumption or

withdrawn from warehouse for consumption on or before the date of

publication of a decision of the United States Court of

International Trade or of the United States Court of Appeals for

the Federal Circuit, not in harmony with the published decision of

the Secretary) shall be appraised or classified, or both, and the

entries liquidated, in accordance with the decision of the

Secretary and, except as otherwise provided in this chapter, the

final liquidations of these entries shall be conclusive upon all

parties.

(e) Consignee or his agent as party in interest before the Court of

International Trade

The consignee or his agent shall have the right to appear and to

be heard as a party in interest before the United States Court of

International Trade.

(f) Appraisement, classification, and assessment of duty of

merchandise covered by published decision of Secretary in

accordance with final judicial decision of Court of

International Trade or Court of Appeals for the Federal Circuit

sustaining cause of action in whole or in part; suspension of

liquidation of entries; publication

If the cause of action is sustained in whole or in part by a

decision of the United States Court of International Trade or of

the United States Court of Appeals for the Federal Circuit,

merchandise of the character covered by the published decision of

the Secretary, which is entered for consumption or withdrawn from

warehouse for consumption after the date of publication in the

Federal Register by the Secretary or the administering authority of

a notice of the court decision, shall be subject to appraisement,

classification, and assessment of duty in accordance with the final

judicial decision in the action, and the liquidation of entries

covering the merchandise so entered or withdrawn shall be suspended

until final disposition is made of the action, whereupon the

entries shall be liquidated, or if necessary, reliquidated in

accordance with the final decision. Such notice of the court

decision shall be published within ten days from the date of the

issuance of the court decision.

(g) Regulations implementing required procedures

Regulations shall be prescribed by the Secretary to implement the

procedures required under this section.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 516, 46 Stat. 735; June 25,

1938, ch. 679, Sec. 17(a), 52 Stat. 1084; June 25, 1948, ch. 646,

Sec. 39, 62 Stat. 992; Pub. L. 91-271, title II, Sec. 209, June 2,

1970, 84 Stat. 286; Pub. L. 93-618, title III, Sec. 321(f)(1),

331(b), Jan. 3, 1975, 88 Stat. 2048, 2052; Pub. L. 96-39, title X,

Sec. 1001(b)(1), July 26, 1979, 93 Stat. 303; Pub. L. 96-417, title

VI, Sec. 601(6), 607, Oct. 10, 1980, 94 Stat. 1744, 1745; Pub. L.

97-164, title I, Sec. 163(a)(1), Apr. 2, 1982, 96 Stat. 49; Pub. L.

99-514, title XVIII, Sec. 1888(5), Oct. 22, 1986, 100 Stat. 2925;

Pub. L. 100-418, title I, Sec. 1326(d)(3), Aug. 23, 1988, 102 Stat.

1204.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 516, 42 Stat. 970. That

section was superseded by section 516 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Application of subsection (b) of this section to complaints.

Section 17(b) of act June 25, 1938, provided that: ''(b) The

provisions of subsection (b) of section 516 of the Tariff Act of

1930 (this section), as amended by this Act, shall apply only in

the case of complaints filed after the effective date of this Act

(see section 1653a of this title). The provisions of subsection

(b) of section 516 of the Tariff Act of 1930, as in force prior to

the effective date of this Act, shall continue in force with

respect to any proceedings commenced by the filing of a complaint

thereunder, except that upon the expiration of thirty days after

the effective date of this Act, or upon the expiration of thirty

days after the date of a decision of the Secretary adverse to the

complainant, whichever is the later, any such proceedings in which

a protest has not been duly filed shall be deemed to have been

terminated unless the complainant shall have filed with the

Secretary after the effective date of this Act a notice that he

desires to protest the classification of, or rate of duty assessed

upon, the merchandise.''

AMENDMENTS

1988 - Subsec. (a)(3). Pub. L. 100-418 added par. (3).

1986 - Subsec. (a)(2). Pub. L. 99-514 inserted ''Such term

includes an association, a majority of whose members is composed of

persons described in subparagraph (A), (B), or (C).''

1982 - Subsecs. (d), (f). Pub. L. 97-164 substituted ''Court of

Appeals for the Federal Circuit'' for ''Court of Customs and Patent

Appeals''.

1980 - Subsec. (a). Pub. L. 96-417, Sec. 607(a), designated

existing provisions as par. (1), redesignated as subpars. (A), (B),

and (C), former pars. (1), (2), and (3), struck out ''(as defined

in section 1677(9)(C), (D), and (E) of this title)'' after

''interested party'', covered in par. (2), and added par. (2).

Subsec. (d). Pub. L. 96-417, Sec. 601(6), 607(b), redesignated

the United States Customs Court as the United States Court of

International Trade and substituted reference to chapter 169 for

section 2632 of title 28.

Subsecs. (e), (f). Pub. L. 96-417, Sec. 601(6), redesignated the

United States Customs Court as the United States Court of

International Trade.

1979 - Pub. L. 96-39 completely revised the section to provide an

expedited process for judicial review of an appealable

determination, expanded the size of the group of parties having

standing to obtain review of an appealable determination, and, in

the process, revised subsecs. (a), (b), and (c), redesignated

former subsecs. (e), (f), (g), and (h) as (d), (e), (f), and (g),

and struck out former subsec. (d) relating to the contest of the

Secretary's determination that foreign merchandise was not being

sold in the United States at less than fair value or that bounty or

grant was not being paid.

1975 - Subsec. (a). Pub. L. 93-618, Sec. 331(b), inserted

provisions relating to additional duty described in section 1303 of

this title (to be known as ''countervailing duties'') and to

special duty described in section 161 of this title (to be known as

''antidumping duties'').

Subsecs. (b), (c). Pub. L. 93-618, Sec. 331(b), inserted

provisions relating to countervailing duties and antidumping

duties.

Subsecs. (d) to (h). Pub. L. 93-618, Sec. 321(f)(1), added

subsec. (d) and redesignated subsecs. (d) to (g) as (e) to (h),

respectively.

1970 - Subsec. (a). Pub. L. 91-271 substituted provisions

requiring the Secretary to furnish to the American manufacturer,

producer, or wholesaler the classification, and the rate of duty,

if any, imposed upon designated imported merchandise, and

provisions authorizing the American manufacturer, etc., to file a

protest with the Secretary if the appraised value is too low, the

classification is not correct, or the proper rate of duty is not

being assessed, for provisions setting forth the procedure for the

determination of a protest by an American manufacturer, producer,

or wholesaler that the appraised value of any imported merchandise

of a class or kind manufactured, produced, or sold at wholesale by

him is too low.

Subsec. (b). Pub. L. 91-271 substituted provisions authorizing

the Secretary to determine the proper appraised value,

classification, or rate of duty of the imported merchandise, and to

notify the American manufacturer, producer, or wholesaler of his

determination, for provision setting forth the procedure for the

determination of a protest by an American manufacturer, producer,

or wholesaler that the classification of, and the rate of duty, if

any, is not proper.

Subsec. (c). Pub. L. 91-271 substituted provisions setting forth

the procedure for the petitioner to contest the decisions of the

Secretary with respect to a petition filed pursuant to subsec. (a)

of this section, for provisions requiring the collector to mail to

the consignee or his agent a copy of every appeal and every protest

filed by an American manufacturer, producer, or wholesaler, and

authorizing such consignee or his agent to appear and be heard as a

party in interest before the Customs Court.

Subsecs. (d) to (g). Pub. L. 91-271 added subsecs. (d) to (g).

1948 - Subsec. (b). Act June 25, 1948, repealed last sentence

relating to procedure of proceeding over all other cases on Customs

Court docket. See sections 2602 and 2638 of Title 28, Judiciary

and Judicial Procedure.

Subsec. (c). Act June 25, 1948, repealed last sentence relating

to finality of Customs Court's decision. See section 2637 of Title

28.

Subsec. (d). Act June 25, 1948, repealed subsec. (d) relating to

inspection of documents. See section 2634 of Title 28.

1938 - Subsec. (b). Act June 25, 1938, amended subsec. (b)

generally.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 applicable with respect to

investigations initiated after Aug. 23, 1988, and to reviews

initiated under section 1673e(c) or 1675 of this title after Aug.

23, 1988, see section 1337(b) of Pub. L. 100-418, set out as a note

under section 1671 of this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of Title

28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 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 a note under section 251 of Title 28, Judiciary and Judicial

Procedure.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-39 effective Jan. 1, 1980, see sections

1002 and 107 of Pub. L. 96-39, set out as Effective Date notes

under sections 1516a and 1671 of this title, respectively.

EFFECTIVE DATE OF 1975 AMENDMENT

Section 321(g)(3) of Pub. L. 93-618 provided that: ''The

amendment made by subsection (f) (amending this section and

sections 2631 and 2632 of Title 28, Judiciary and Judicial

Procedure) shall apply with respect to determinations under section

201 of the Antidumping Act, 1921 (section 160 of this title),

resulting from questions of dumping raised or presented on or after

the date of the enactment of this Act (Jan. 3, 1975).''

Amendment by section 331(b) of Pub. L. 93-618 effective Jan. 3,

1975, see section 331(d)(1) of Pub. L. 93-618, set out as a note

under section 1315 of this title.

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.

EFFECTIVE DATE OF 1948 AMENDMENT

Section 38 of act June 25, 1948, provided that the amendment made

by that act is effective Sept. 1, 1948.

EFFECTIVE DATE OF 1938 AMENDMENT

Amendment by act June 25, 1938, effective on thirtieth day

following June 25, 1938, except as otherwise specifically provided,

see section 37 of act June 25, 1938, set out as a note under

section 1401 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of the Treasury under this section insofar

as they relate to any protest, petition, or notice of desire to

contest described in section 1002(b)(1) of the Trade Agreements Act

of 1979, set out as a note under section 1516a of this title,

transferred to Secretary of Commerce pursuant to Reorg. Plan No. 3

of 1979, Sec. 5(a)(1)(D), 44 F.R. 69275, 93 Stat. 1381, eff. Jan.

2, 1980, as provided by section 1-107(a) of Ex. Ord. No. 11288,

Jan. 2, 1980, 45 F.R. 993, set out as notes under section 2171 of

this title.

-MISC5-

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title

XVIII (Sec. 1801-1899A) of Pub. L. 99-514 require an amendment to

any plan, such plan amendment shall not be required to be made

before the first plan year beginning on or after Jan. 1, 1989, see

section 1140 of Pub. L. 99-514, as amended, set out as a note under

section 401 of Title 26, Internal Revenue Code.

APPLICATION OF SUBSECTION (B) TO COMPLAINTS

Section 17(b), (c) of act of June 25, 1938, as amended by act

June 16, 1951, ch. 141, Sec. 9(b), 65 Stat. 75, provided that:

''(b) The provisions of subsection (b) of section 516 of the

Tariff Act of 1930 (this section), as amended by this act, shall

apply only in the case of complaints filed after the effective date

of this act (see Effective Date of 1938 Amendment note set out

under section 1401 of this title). The provisions of subsection

(b) of section 516 of the Tariff Act of 1930, as in force prior to

the effective date of this act, shall continue in force with

respect to any proceedings commenced by the filing of a complaint

thereunder, except that upon the expiration of thirty days after

the effective date of this act, or upon the expiration of thirty

days after the date of a decision of the Secretary adverse to the

complainant, whichever is the later, any such proceedings in which

a protest has not been duly filed shall be deemed to have been

terminated unless the complainant shall have filed with the

Secretary after the effective date of this act a notice that he

desires to protest the classification of, or rate of duty assessed

upon, the merchandise.

''(c) (Repealed. June 16, 1951, ch. 141, Sec. 9(b), 65 Stat.

75.)''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1304, 1514, 3011 of this

title; title 28 sections 1581, 2631, 2632, 2635, 2636, 2637, 2639,

2640.

-CITE-

19 USC Sec. 1516a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1516a. Judicial review in countervailing duty and antidumping

duty proceedings

-STATUTE-

(a) Review of determination

(1) Review of certain determinations

Within 30 days after the date of publication in the Federal

Register of -

(A) a determination by the administering authority, under

1671a(c) (FOOTNOTE 1) or 1673a(c) of this title, not to

initiate an investigation,

(FOOTNOTE 1) So in original. Probably should be preceded by

''section''.

(B) a determination by the Commission, under section 1675(b)

of this title, not to review a determination based upon changed

circumstances,

(C) a negative determination by the Commission, under section

1671b(a) or 1673b(a) of this title, as to whether there is

reasonable indication of material injury, threat of material

injury, or material retardation, or

(D) a final determination by the administering authority or

the Commission under section 1675(c)(3) of this title,

an interested party who is a party to the proceeding in

connection with which the matter arises may commence an action in

the United States Court of International Trade by filing

concurrently a summons and complaint, each with the content and

in the form, manner, and style prescribed by the rules of that

court, contesting any factual findings or legal conclusions upon

which the determination is based.

(2) Review of determinations on record

(A) In general

Within thirty days after -

(i) the date of publication in the Federal Register of -

(I) notice of any determination described in clause (ii),

(iii), (iv), (v), or (viii) of subparagraph (B),

(II) an antidumping or countervailing duty order based

upon any determination described in clause (i) of

subparagraph (B), or

(III) notice of the implementation of any determination

described in clause (vii) of subparagraph (B), or

(ii) the date of mailing of a determination described in

clause (vi) of subparagraph (B),

an interested party who is a party to the proceeding in

connection with which the matter arises may commence an action

in the United States Court of International Trade by filing a

summons, and within thirty days thereafter a complaint, each

with the content and in the form, manner, and style prescribed

by the rules of that court, contesting any factual findings or

legal conclusions upon which the determination is based.

(B) Reviewable determinations

The determinations which may be contested under subparagraph

(A) are as follows:

(i) Final affirmative determinations by the administering

authority and by the Commission under section 1671d or 1673d

of this title, including any negative part of such a

determination (other than a part referred to in clause (ii)).

(ii) A final negative determination by the administering

authority or the Commission under section 1671d or 1673d of

this title, including, at the option of the appellant, any

part of a final affirmative determination which specifically

excludes any company or product.

(iii) A final determination, other than a determination

reviewable under paragraph (1), by the administering

authority or the Commission under section 1675 of this title.

(iv) A determination by the administering authority, under

section 1671c or 1673c of this title, to suspend an

antidumping duty or a countervailing duty investigation,

including any final determination resulting from a continued

investigation which changes the size of the dumping margin or

net countervailable subsidy calculated, or the reasoning

underlying such calculations, at the time the suspension

agreement was concluded.

(v) An injurious effect determination by the Commission

under section 1671c(h) or 1673c(h) of this title.

(vi) A determination by the administering authority as to

whether a particular type of merchandise is within the class

or kind of merchandise described in an existing finding of

dumping or antidumping or countervailing duty order.

(vii) A determination by the administering authority or the

Commission under section 3538 of this title concerning a

determination under subtitle IV of this chapter.

(viii) A determination by the Commission under section

1675b(a)(1) of this title.

(3) Exception

Notwithstanding the limitation imposed by paragraph

(2)(A)(i)(II) of this subsection, a final affirmative

determination by the administering authority under section 1671d

or 1673d of this title may be contested by commencing an action,

in accordance with the provisions of paragraph (2)(A), within

thirty days after the date of publication in the Federal Register

of a final negative determination by the Commission under section

1671d or 1673d of this title.

(4) Procedures and fees

The procedures and fees set forth in chapter 169 of title 28

apply to an action under this section.

(5) Time limits in cases involving merchandise from free trade

area countries

Notwithstanding any other provision of this subsection, in the

case of a determination to which the provisions of subsection (g)

of this section apply, an action under this subsection may not be

commenced, and the time limits for commencing an action under

this subsection shall not begin to run, until the day specified

in whichever of the following subparagraphs applies:

(A) For a determination described in paragraph (1)(B) or

clause (i), (ii) or (iii) of paragraph (2)(B), the 31st day

after the date on which notice of the determination is

published in the Federal Register.

(B) For a determination described in clause (vi) of paragraph

(2)(B), the 31st day after the date on which the government of

the relevant FTA country receives notice of the determination.

(C) For a determination with respect to which binational

panel review has commenced in accordance with subsection (g)(8)

of this section, the day after the date as of which -

(i) the binational panel has dismissed binational panel

review of the determination for lack of jurisdiction, and

(ii) any interested party seeking review of the

determination under paragraph (1), (2), or (3) of this

subsection has provided timely notice under subsection

(g)(3)(B) of this section.

If such an interested party files a summons and complaint under

this subsection after dismissal by the binational panel, and if

a request for an extraordinary challenge committee is made with

respect to the decision by the binational panel to dismiss -

(I) judicial review under this subsection shall be stayed

during consideration by the committee of the request, and

(II) the United States Court of International Trade shall

dismiss the action if the committee vacates or remands the

binational panel decision to dismiss.

(D) For a determination for which review by the United States

Court of International Trade is provided for -

(i) under subsection (g)(12)(B) of this section, the day

after the date of publication in the Federal Register of

notice that article 1904 of the NAFTA has been suspended, or

(ii) under subsection (g)(12)(D) of this section, the day

after the date that notice of settlement is published in the

Federal Register.

(E) For a determination described in clause (vii) of

paragraph (2)(B), the 31st day after the date on which notice

of the implementation of the determination is published in the

Federal Register.

(b) Standards of review

(1) Remedy

The court shall hold unlawful any determination, finding, or

conclusion found -

(A) in an action brought under subparagraph (A), (B), or (C)

of subsection (a)(1) of this section, to be arbitrary,

capricious, an abuse of discretion, or otherwise not in

accordance with law, or

(B)(i) in an action brought under paragraph (2) of subsection

(a) of this section, to be unsupported by substantial evidence

on the record, or otherwise not in accordance with law, or

(ii) in an action brought under paragraph (1)(D) of

subsection (a) of this section, to be arbitrary, capricious, an

abuse of discretion, or otherwise not in accordance with law.

(2) Record for review

(A) In general

For the purposes of this subsection, the record, unless

otherwise stipulated by the parties, shall consist of -

(i) a copy of all information presented to or obtained by

the Secretary, the administering authority, or the Commission

during the course of the administrative proceeding, including

all governmental memoranda pertaining to the case and the

record of ex parte meetings required to be kept by section

1677f(a)(3) of this title; and

(ii) a copy of the determination, all transcripts or

records of conferences or hearings, and all notices published

in the Federal Register.

(B) Confidential or privileged material

The confidential or privileged status accorded to any

documents, comments, or information shall be preserved in any

action under this section. Notwithstanding the preceding

sentence, the court may examine, in camera, the confidential or

privileged material, and may disclose such material under such

terms and conditions as it may order.

(3) Effect of decisions by NAFTA or United States-Canada

binational panels

In making a decision in any action brought under subsection (a)

of this section, a court of the United States is not bound by,

but may take into consideration, a final decision of a binational

panel or extraordinary challenge committee convened pursuant to

article 1904 of the NAFTA or of the Agreement.

(c) Liquidation of entries

(1) Liquidation in accordance with determination

Unless such liquidation is enjoined by the court under

paragraph (2) of this subsection, entries of merchandise of the

character covered by a determination of the Secretary, the

administering authority, or the Commission contested under

subsection (a) of this section shall be liquidated in accordance

with the determination of the Secretary, the administering

authority, or the Commission, if they are entered, or withdrawn

from warehouse, for consumption on or before the date of

publication in the Federal Register by the Secretary or the

administering authority of a notice of a decision of the United

States Court of International Trade, or of the United States

Court of Appeals for the Federal Circuit, not in harmony with

that determination. Such notice of a decision shall be published

within ten days from the date of the issuance of the court

decision.

(2) Injunctive relief

In the case of a determination described in paragraph (2) of

subsection (a) of this section by the Secretary, the

administering authority, or the Commission, the United States

Court of International Trade may enjoin the liquidation of some

or all entries of merchandise covered by a determination of the

Secretary, the administering authority, or the Commission, upon a

request by an interested party for such relief and a proper

showing that the requested relief should be granted under the

circumstances.

(3) Remand for final disposition

If the final disposition of an action brought under this

section is not in harmony with the published determination of the

Secretary, the administering authority, or the Commission, the

matter shall be remanded to the Secretary, the administering

authority, or the Commission, as appropriate, for disposition

consistent with the final disposition of the court.

(d) Standing

Any interested party who was a party to the proceeding under

section 1303 (FOOTNOTE 2) of this title or subtitle IV of this

chapter shall have the right to appear and be heard as a party in

interest before the United States Court of International Trade. The

party filing the action shall notify all such interested parties of

the filing of an action under this section, in the form, manner,

style, and within the time prescribed by rules of the court.

(FOOTNOTE 2) See References in Text note below.

(e) Liquidation in accordance with final decision

If the cause of action is sustained in whole or in part by a

decision of the United States Court of International Trade or of

the United States Court of Appeals for the Federal Circuit -

(1) entries of merchandise of the character covered by the

published determination of the Secretary, the administering

authority, or the Commission, which is entered, or withdrawn from

warehouse, for consumption after the date of publication in the

Federal Register by the Secretary or the administering authority

of a notice of the court decision, and

(2) entries, the liquidation of which was enjoined under

subsection (c)(2) of this section,

shall be liquidated in accordance with the final court decision in

the action. Such notice of the court decision shall be published

within ten days from the date of the issuance of the court

decision.

(f) Definitions

For purposes of this section -

(1) Administering authority

The term ''administering authority'' means the administering

authority described in section 1677(1) of this title.

(2) Commission

The term ''Commission'' means the United States International

Trade Commission.

(3) Interested party

The term ''interested party'' means any person described in

section 1677(9) of this title.

(4) Secretary

The term ''Secretary'' means the Secretary of the Treasury.

(5) Agreement

The term ''Agreement'' means the United States-Canada

Free-Trade Agreement.

(6) United States Secretary

The term ''United States Secretary'' means -

(A) the secretary for the United States Section referred to

in article 1908 of the NAFTA, and

(B) the secretary of the United States Section provided for

in article 1909 of the Agreement.

(7) Relevant FTA Secretary

The term ''relevant FTA Secretary'' means the Secretary -

(A) referred to in article 1908 of the NAFTA, or

(B) provided for in paragraph 5 of article 1909 of the

Agreement,

of the relevant FTA country.

(8) NAFTA

The term ''NAFTA'' means the North American Free Trade

Agreement.

(9) Relevant FTA country

The term ''relevant FTA country'' means the free trade area

country to which an antidumping or countervailing duty proceeding

pertains.

(10) Free trade area country

The term ''free trade area country'' means the following:

(A) Canada for such time as the NAFTA is in force with

respect to, and the United States applies the NAFTA to, Canada.

(B) Mexico for such time as the NAFTA is in force with

respect to, and the United States applies the NAFTA to, Mexico.

(C) Canada for such time as -

(i) it is not a free trade area country under subparagraph

(A); and

(ii) the Agreement is in force with respect to, and the

United States applies the Agreement to, Canada.

(g) Review of countervailing duty and antidumping duty

determinations involving free trade area country merchandise

(1) ''Determination'' defined

For purposes of this subsection, the term ''determination''

means a determination described in -

(A) paragraph (1)(B) of subsection (a) of this section, or

(B) clause (i), (ii), (iii), or (vi) of paragraph (2)(B) of

subsection (a) of this section,

if made in connection with a proceeding regarding a class or kind

of free trade area country merchandise, as determined by the

administering authority.

(2) Exclusive review of determination by binational panels

If binational panel review of a determination is requested

pursuant to article 1904 of the NAFTA or of the Agreement, then,

except as provided in paragraphs (3) and (4) -

(A) the determination is not reviewable under subsection (a)

of this section, and

(B) no court of the United States has power or jurisdiction

to review the determination on any question of law or fact by

an action in the nature of mandamus or otherwise.

(3) Exception to exclusive binational panel review

(A) In general

A determination is reviewable under subsection (a) of this

section if the determination sought to be reviewed is -

(i) a determination as to which neither the United States

nor the relevant FTA country requested review by a binational

panel pursuant to article 1904 of the NAFTA or of the

Agreement,

(ii) a revised determination issued as a direct result of

judicial review, commenced pursuant to subsection (a) of this

section, if neither the United States nor the relevant FTA

country requested review of the original determination,

(iii) a determination issued as a direct result of judicial

review that was commenced pursuant to subsection (a) of this

section prior to the entry into force of the NAFTA or of the

Agreement,

(iv) a determination which a binational panel has

determined is not reviewable by the binational panel,

(v) a determination as to which binational panel review has

terminated pursuant to paragraph 12 of article 1905 of the

NAFTA, or

(vi) a determination as to which extraordinary challenge

committee review has terminated pursuant to paragraph 12 of

article 1905 of the NAFTA.

(B) Special rule

A determination described in subparagraph (A)(i) or (iv) is

reviewable under subsection (a) of this section only if the

party seeking to commence review has provided timely notice of

its intent to commence such review to -

(i) the United States Secretary and the relevant FTA

Secretary;

(ii) all interested parties who were parties to the

proceeding in connection with which the matter arises; and

(iii) the administering authority or the Commission, as

appropriate.

Such notice is timely provided if the notice is delivered no

later than the date that is 20 days after the date described in

subparagraph (A) or (B) of subsection (a)(5) of this section

that is applicable to such determination, except that, if the

time for requesting binational panel review is suspended under

paragraph (8)(A)(ii) of this subsection, any unexpired time for

providing notice of intent to commence judicial review shall,

during the pendency of any such suspension, also be suspended.

Such notice shall contain such information, and be in such

form, manner, and style, as the administering authority, in

consultation with the Commission, shall prescribe by

regulations.

(4) Exception to exclusive binational panel review for

constitutional issues

(A) Constitutionality of binational panel review system

An action for declaratory judgment or injunctive relief, or

both, regarding a determination on the grounds that any

provision of, or amendment made by, the North American Free

Trade Agreement Implementation Act implementing the binational

dispute settlement system under chapter 19 of the NAFTA, or the

United States-Canada Free-Trade Agreement Implementation Act of

1988 implementing the binational panel dispute settlement

system under chapter 19 of the Agreement, violates the

Constitution may be brought only in the United States Court of

Appeals for the District of Columbia Circuit, which shall have

jurisdiction of such action.

(B) Other constitutional review

Review is available under subsection (a) of this section with

respect to a determination solely concerning a constitutional

issue (other than an issue to which subparagraph (A) applies)

arising under any law of the United States as enacted or

applied. An action for review under this subparagraph shall be

assigned to a 3-judge panel of the United States Court of

International Trade.

(C) Commencement of review

Notwithstanding the time limits in subsection (a) of this

section, within 30 days after the date of publication in the

Federal Register of notice that binational panel review has

been completed, an interested party who is a party to the

proceeding in connection with which the matter arises may

commence an action under subparagraph (A) or (B) by filing an

action in accordance with the rules of the court.

(D) Transfer of actions to appropriate court

Whenever an action is filed in a court under subparagraph (A)

or (B) and that court finds that the action should have been

filed in the other court, the court in which the action was

filed shall transfer the action to the other court and the

action shall proceed as if it had been filed in the court to

which it is transferred on the date upon which it was actually

filed in the court from which it is transferred.

(E) Frivolous claims

Frivolous claims brought under subparagraph (A) or (B) are

subject to dismissal and sanctions as provided under section

1927 of title 28 and the Federal Rules of Civil Procedure.

(F) Security

(i) Subparagraph (A) actions

The security requirements of rule 65(c) of the Federal

Rules of Civil Procedure apply with respect to actions

commenced under subparagraph (A).

(ii) Subparagraph (B) actions

No claim shall be heard, and no temporary restraining order

or temporary or permanent injunction shall be issued, under

an action commenced under subparagraph (B), unless the party

seeking review first files an undertaking with adequate

security in an amount to be fixed by the court sufficient to

recompense parties affected for any loss, expense, or damage

caused by the improvident or erroneous issuance of such order

or injunction. If a court upholds the constitutionality of

the determination in question in such action, the court shall

award to a prevailing party fees and expenses, in addition to

any costs incurred by that party, unless the court finds that

the position of the other party was substantially justified

or that special circumstances make an award unjust.

(G) Panel record

The record of proceedings before the binational panel shall

not be considered part of the record for review pursuant to

subparagraph (A) or (B).

(H) Appeal to Supreme Court of court orders issued in

subparagraph (A) actions

Notwithstanding any other provision of law, any final

judgment of the United States Court of Appeals for the District

of Columbia Circuit which is issued pursuant to an action

brought under subparagraph (A) shall be reviewable by appeal

directly to the Supreme Court of the United States. Any such

appeal shall be taken by a notice of appeal filed within 10

days after such order is entered; and the jurisdictional

statement shall be filed within 30 days after such order is

entered. No stay of an order issued pursuant to an action

brought under subparagraph (A) may be issued by a single

Justice of the Supreme Court.

(5) Liquidation of entries

(A) Application

In the case of a determination for which binational panel

review is requested pursuant to article 1904 of the NAFTA or of

the Agreement, the rules provided in this paragraph shall

apply, notwithstanding the provisions of subsection (c) of this

section.

(B) General rule

In the case of a determination for which binational panel

review is requested pursuant to article 1904 of the NAFTA or of

the Agreement, entries of merchandise covered by such

determination shall be liquidated in accordance with the

determination of the administering authority or the Commission,

if they are entered, or withdrawn from warehouse, for

consumption on or before the date of publication in the Federal

Register by the administering authority of notice of a final

decision of a binational panel, or of an extraordinary

challenge committee, not in harmony with that determination.

Such notice of a decision shall be published within 10 days of

the date of the issuance of the panel or committee decision.

(C) Suspension of liquidation

(i) In general

Notwithstanding the provisions of subparagraph (B), in the

case of a determination described in clause (iii) or (vi) of

subsection (a)(2)(B) of this section for which binational

panel review is requested pursuant to article 1904 of the

NAFTA or of the Agreement, the administering authority, upon

request of an interested party who was a party to the

proceeding in connection with which the matter arises and who

is a participant in the binational panel review, shall order

the continued suspension of liquidation of those entries of

merchandise covered by the determination that are involved in

the review pending the final disposition of the review.

(ii) Notice

At the same time as the interested party makes its request

to the administering authority under clause (i), that party

shall serve a copy of its request on the United States

Secretary, the relevant FTA Secretary, and all interested

parties who were parties to the proceeding in connection with

which the matter arises.

(iii) Application of suspension

If the interested party requesting continued suspension of

liquidation under clause (i) is a foreign manufacturer,

producer, or exporter, or a United States importer, the

continued suspension of liquidation shall apply only to

entries of merchandise manufactured, produced, exported, or

imported by that particular manufacturer, producer, exporter,

or importer. If the interested party requesting the

continued suspension of liquidation under clause (i) is an

interested party described in subparagraph (C), (D), (E), or

(F) of section 1677(9) of this title, the continued

suspension of liquidation shall apply only to entries which

could be affected by a decision of the binational panel

convened under chapter 19 of the NAFTA or of the Agreement.

(iv) Judicial review

Any action taken by the administering authority or the

United States Customs Service under this subparagraph shall

not be subject to judicial review, and no court of the United

States shall have power or jurisdiction to review such action

on any question of law or fact by an action in the nature of

mandamus or otherwise.

(6) Injunctive relief

Except for cases under paragraph (4)(B), in the case of a

determination for which binational panel review is requested

pursuant to article 1904 of the NAFTA or of the Agreement, the

provisions of subsection (c)(2) of this section shall not apply.

(7) Implementation of international obligations under article

1904 of the NAFTA or the Agreement

(A) Action upon remand

If a determination is referred to a binational panel or

extraordinary challenge committee under the NAFTA or the

Agreement and the panel or committee makes a decision remanding

the determination to the administering authority or the

Commission, the administering authority or the Commission

shall, within the period specified by the panel or committee,

take action not inconsistent with the decision of the panel or

committee. Any action taken by the administering authority or

the Commission under this paragraph shall not be subject to

judicial review, and no court of the United States shall have

power or jurisdiction to review such action on any question of

law or fact by an action in the nature of mandamus or

otherwise.

(B) Application if subparagraph (A) held unconstitutional

In the event that the provisions of subparagraph (A) are held

unconstitutional under the provisions of subparagraphs (A) and

(H) of paragraph (4), the provisions of this subparagraph shall

take effect. In such event, the President is authorized on

behalf of the United States to accept, as a whole, the decision

of a binational panel or extraordinary challenge committee

remanding the determination to the administering authority or

the Commission within the period specified by the panel or

committee. Upon acceptance by the President of such a

decision, the administering authority or the Commission shall,

within the period specified by the panel or committee, take

action not inconsistent with such decision. Any action taken

by the President, the administering authority, or the

Commission under this subparagraph shall not be subject to

judicial review, and no court of the United States shall have

power or jurisdiction to review such action on any question of

law or fact by an action in the nature of mandamus or

otherwise.

(8) Requests for binational panel review

(A) Interested party requests for binational panel review

(i) General rule

An interested party who was a party to the proceeding in

which a determination is made may request binational panel

review of such determination by filing a request with the

United States Secretary by no later than the date that is 30

days after the date described in subparagraph (A), (B), or

(E) of subsection (a)(5) of this section that is applicable

to such determination. Receipt of such request by the United

States Secretary shall be deemed to be a request for

binational panel review within the meaning of article 1904(4)

of the NAFTA or of the Agreement. Such request shall contain

such information and be in such form, manner, and style as

the administering authority, in consultation with the

Commission, shall prescribe by regulations.

(ii) Suspension of time to request binational panel review

under the NAFTA

Notwithstanding clause (i), the time for requesting

binational panel review shall be suspended during the

pendency of any stay of binational panel review that is

issued pursuant to paragraph 11(a) of article 1905 of the

NAFTA.

(B) Service of request for binational panel review

(i) Service by interested party

If a request for binational panel review of a determination

is filed under subparagraph (A), the party making the request

shall serve a copy, by mail or personal service, on any other

interested party who was a party to the proceeding in

connection with which the matter arises, and on the

administering authority or the Commission, as appropriate.

(ii) Service by United States Secretary

If an interested party to the proceeding requests

binational panel review of a determination by filing a

request with the relevant FTA Secretary, the United States

Secretary shall serve a copy of the request by mail on any

other interested party who was a party to the proceeding in

connection with which the matter arises, and on the

administering authority or the Commission, as appropriate.

(C) Limitation on request for binational panel review

Absent a request by an interested party under subparagraph

(A), the United States may not request binational panel review

of a determination under article 1904 of the NAFTA or the

Agreement.

(9) Representation in panel proceedings

In the case of binational panel proceedings convened under

chapter 19 of the NAFTA or of the Agreement, the administering

authority and the Commission shall be represented by attorneys

who are employees of the administering authority or the

Commission, respectively. Interested parties who were parties to

the proceeding in connection with which the matter arises shall

have the right to appear and be represented by counsel before the

binational panel.

(10) Notification of class or kind rulings

In the case of a determination which is described in paragraph

(2)(B)(vi) of subsection (a) of this section and which is subject

to the provisions of paragraph (2), the administering authority,

upon request, shall inform any interested person of the date on

which the Government of the relevant FTA country received notice

of the determination under paragraph 4 of article 1904 of the

NAFTA or the Agreement.

(11) Suspension and termination of suspension of article 1904 of

the NAFTA

(A) Suspension of article 1904

If a special committee established under article 1905 of the

NAFTA issues an affirmative finding, the Trade Representative

may, in accordance with paragraph 8(a) or 9, as appropriate, of

article 1905 of the NAFTA, suspend the operation of article

1904 of the NAFTA.

(B) Termination of suspension of article 1904

If a special committee is reconvened and makes an affirmative

determination described in paragraph 10(b) of article 1905 of

the NAFTA, any suspension of the operation of article 1904 of

the NAFTA shall terminate.

(12) Judicial review upon termination of binational panel or

committee review under the NAFTA

(A) Notice of suspension or termination of suspension of

article 1904

(i) Upon notification by the Trade Representative or the

Government of a country described in subsection (f)(10)(A) or

(B) of this section that the operation of article 1904 of the

NAFTA has been suspended in accordance with paragraph 8(a) or 9

of article 1905 of the NAFTA, the United States Secretary shall

publish in the Federal Register a notice of suspension of

article 1904 of the NAFTA.

(ii) Upon notification by the Trade Representative or the

Government of a country described in subsection (f)(10)(A) or

(B) of this section that the suspension of the operation of

article 1904 of the NAFTA is terminated in accordance with

paragraph 10 of article 1905 of the NAFTA, the United States

Secretary shall publish in the Federal Register a notice of

termination of suspension of article 1904 of the NAFTA.

(B) Transfer of final determinations for judicial review upon

suspension of article 1904

If the operation of article 1904 of the NAFTA is suspended in

accordance with paragraph 8(a) or 9 of article 1905 of the

NAFTA -

(i) upon the request of an authorized person described in

subparagraph (C), any final determination that is the subject

of a binational panel review or an extraordinary challenge

committee review shall be transferred to the United States

Court of International Trade (in accordance with rules issued

by the Court) for review under subsection (a) of this

section; or

(ii) in a case in which -

(I) a binational panel review was completed fewer than 30

days before the suspension, and

(II) extraordinary challenge committee review has not

been requested,

upon the request of an authorized person described in

subparagraph (C) which is made within 60 days after the

completion of the binational panel review, the final

determination that was the subject of the binational panel

review shall be transferred to the United States Court of

International Trade (in accordance with rules issued by the

Court) for review under subsection (a) of this section.

(C) Persons authorized to request transfer of final

determinations for judicial review

A request that a final determination be transferred to the

Court of International Trade under subparagraph (B) may be made

by -

(i) if the United States made an allegation under paragraph

1 of article 1905 of the NAFTA and the operation of article

1904 of the NAFTA was suspended pursuant to paragraph 8(a) of

article 1905 of the NAFTA -

(I) the government of the relevant country described in

subsection (f)(10)(A) or (B) of this section,

(II) an interested party that was a party to the panel or

committee review, or

(III) an interested party that was a party to the

proceeding in connection with which panel review was

requested, but only if the time period for filing notices

of appearance in the panel review has not expired, or

(ii) if a country described in subsection (f)(10)(A) or (B)

of this section made an allegation under paragraph 1 of

article 1905 of the NAFTA and the operation of article 1904

of the NAFTA was suspended pursuant to paragraph 9 of article

1905 of the NAFTA -

(I) the government of that country,

(II) an interested party that is a person of that country

and that was a party to the panel or committee review, or

(III) an interested party that is a person of that

country and that was a party to the proceeding in

connection with which panel review was requested, but only

if the time period for filing notices of appearance in the

panel review has not expired.

(D) Transfer for judicial review upon settlement

(i) If the Trade Representative achieves a settlement with

the government of a country described in subsection (f)(10)(A)

or (B) of this section pursuant to paragraph 7 of article 1905

of the NAFTA, and referral for judicial review is among the

terms of such settlement, any final determination that is the

subject of a binational panel review or an extraordinary

challenge committee review shall, upon a request described in

clause (ii), be transferred to the United States Court of

International Trade (in accordance with rules issued by the

Court) for review under subsection (a) of this section.

(ii) A request referred to in clause (i) is a request made by

-

(I) the country referred to in clause (i),

(II) an interested party that was a party to the panel or

committee review, or

(III) an interested party that was a party to the

proceeding in connection with which panel review was

requested, but only if the time for filing notices of

appearance in the panel review has not expired.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 516A, as added Pub. L.

96-39, title X, Sec. 1001(a), July 26, 1979, 93 Stat. 300; amended

Pub. L. 96-417, title VI, Sec. 601(7), 608, Oct. 10, 1980, 94 Stat.

1744, 1745; Pub. L. 96-542, Sec. 2, Dec. 17, 1980, 94 Stat. 3210;

Pub. L. 97-164, title I, Sec. 163(a)(2), Apr. 2, 1982, 96 Stat. 49;

Pub. L. 98-573, title VI, Sec. 623(a), Oct. 30, 1984, 98 Stat.

3040; Pub. L. 99-514, title XVIII, Sec. 1888(6), Oct. 22, 1986, 100

Stat. 2925; Pub. L. 100-449, title IV, Sec. 401, Sept. 28, 1988,

102 Stat. 1878; Pub. L. 101-382, title I, Sec. 134(a)(3), Aug. 20,

1990, 104 Stat. 649; Pub. L. 103-182, title IV, Sec. 411, Dec. 8,

1993, 107 Stat. 2140; Pub. L. 103-465, title I, Sec. 129(e), title

II, Sec. 220(b), 270(a)(1)(N), 271(b), Dec. 8, 1994, 108 Stat.

4838, 4864, 4917, 4921; Pub. L. 104-295, Sec. 20(a)(1), 21(c)(3),

22, Oct. 11, 1996, 110 Stat. 3526, 3530, 3531.)

-REFTEXT-

REFERENCES IN TEXT

Section 1303 of this title, referred to in subsec. (d), is

defined in section 1677(26) of this title to mean section 1330 as

in effect on the day before Jan. 1, 1995.

The North American Free Trade Agreement Implementation Act,

referred to in subsec. (g)(4)(A), is Pub. L. 103-182, Dec. 8, 1993,

107 Stat. 2057, as amended. For complete classification of this

Act to the Code, see Short Title note set out under section 3301 of

this title and Tables.

The United States-Canada Free-Trade Agreement Implementation Act

of 1988, referred to in subsec. (g)(4)(A), is Pub. L. 100-449,

Sept. 28, 1988, 102 Stat. 1851, which is set out as a note under

section 2112 of this title. For complete classification of this

Act to the Code, see Tables.

The Federal Rules of Civil Procedure, referred to in subsec.

(g)(4)(E), (F), are set out in the Appendix to Title 28, Judiciary

and Judicial Procedure.

-COD-

CODIFICATION

In the original, section 1001(a) of Pub. L. 96-39 directed that

this section, designated as section 516A, be added to title V of

the Tariff Act of 1930, however, since a title V of the Tariff Act

of 1930 has not been enacted, this section was added to title IV of

the Tariff Act of 1930 to reflect the probable intent of Congress.

-MISC3-

AMENDMENTS

1996 - Subsec. (a)(2)(A)(i)(I). Pub. L. 104-295, Sec. 20(a)(1),

inserted comma after ''subparagraph (B)''.

Subsec. (g)(4)(A). Pub. L. 104-295, Sec. 22, substituted

''Agreement Implementation Act of 1988'' for ''Implementation

Agreement Act of 1988''.

Subsec. (g)(12)(D). Pub. L. 104-295, Sec. 21(c)(3), transferred

designation ''(i)'' from heading to before sentence beginning ''If

the Trade Representative''.

1994 - Subsec. (a)(1)(D). Pub. L. 103-465, Sec. 220(b)(1), added

subpar. (D).

Subsec. (a)(2)(A)(i)(I). Pub. L. 103-465, Sec. 271(b)(1),

substituted ''(v), or (viii)'' for ''or (v)''.

Pub. L. 103-465, Sec. 129(e)(1)(A)(i), struck out '', or'' after

''(B)''.

Subsec. (a)(2)(A)(i)(III). Pub. L. 103-465, Sec.

129(e)(1)(A)(ii), added subcl. (III).

Subsec. (a)(2)(B)(iv). Pub. L. 103-465, Sec. 270(a)(1)(N),

inserted ''countervailable'' before ''subsidy''.

Subsec. (a)(2)(B)(vii). Pub. L. 103-465, Sec. 129(e)(1)(B), added

cl. (vii).

Subsec. (a)(2)(B)(viii). Pub. L. 103-465, Sec. 271(b)(2), added

cl. (viii).

Subsec. (a)(5)(E). Pub. L. 103-465, Sec. 129(e)(2), added subpar.

(E).

Subsec. (b)(1)(A). Pub. L. 103-465, Sec. 220(b)(2)(A),

substituted ''under subparagraph (A), (B), or (C) of subsection

(a)(1) of this section'' for ''under paragraph (1) of subsection

(a) of this section''.

Subsec. (b)(1)(B). Pub. L. 103-465, Sec. 220(b)(2)(B), designated

existing provisions as cl. (i), substituted '', or'' for period at

end, and added cl. (ii).

Subsec. (g)(8)(A)(i). Pub. L. 103-465, Sec. 129(e)(3),

substituted ''(A), (B), or (E)'' for ''(A) or (B)''.

1993 - Subsec. (a)(5). Pub. L. 103-182, Sec. 411(1), amended par.

(5) generally, substituting present provisions for provisions

relating to time limits for commencing review in cases involving

Canadian merchandise.

Subsec. (b)(3). Pub. L. 103-182, Sec. 411(2), inserted ''NAFTA

or'' after ''decisions by'' in heading and ''of the NAFTA or''

after ''article 1904'' in text.

Subsec. (f)(6), (7). Pub. L. 103-182, Sec. 411(3)(A), amended

pars. (6) and (7) generally, substituting present provisions for

provisions which, in par. (6) defined ''United States Secretary''

as the secretary provided for in paragraph 4 of article 1909 of the

United States-Canada Free-Trade Agreement, and in par. (7), defined

''Canadian Secretary'' as the secretary provided for in paragraph 5

of article 1909 of the Agreement.

Subsec. (f)(8) to (10). Pub. L. 103-182, Sec. 411(3)(B), added

pars. (8) to (10).

Subsec. (g). Pub. L. 103-182, Sec. 411(4)(A), substituted ''free

trade area country merchandise'' for ''Canadian merchandise'' in

heading.

Subsec. (g)(1). Pub. L. 103-182, Sec. 411(4)(B), substituted

''free trade area country merchandise'' for ''Canadian

merchandise'' in concluding provisions.

Subsec. (g)(2). Pub. L. 103-182, Sec. 411(4)(C), inserted ''of

the NAFTA or'' after ''article 1904'' in introductory provisions.

Subsec. (g)(3)(A). Pub. L. 103-182, Sec. 411(4)(D), in cl. (i),

substituted ''nor the relevant FTA country'' for ''nor Canada'' and

inserted ''of the NAFTA or'' before ''of the Agreement'', in cl.

(ii), substituted ''nor the relevant FTA country'' for ''nor

Canada'', in cl. (iii), inserted ''of the NAFTA or'' before ''of

the Agreement'' and struck out ''or'' at end, in cl. (iv), struck

out ''under paragraph (2)(A)'' before ''is not reviewable'' and

substituted a comma for period at end, and added cls. (v) and (vi).

Subsec. (g)(3)(B). Pub. L. 103-182, Sec. 411(4)(E), substituted

first two sentences for former sentences which read as follows: ''A

determination described in subparagraph (A)(i) or (iv) is

reviewable under subsection (a) of this section only if the party

seeking to commence review has provided timely notice of its intent

to commence such review to the United States Secretary, the

Canadian Secretary, all interested parties who were parties to the

proceeding in connection with which the matter arises, and the

administering authority or the Commission, as appropriate. Such

notice is provided timely if the notice is delivered by no later

than the date that is 20 days after the date described in

subparagraph (A) or (B) of subsection (a)(5) of this section that

is applicable to such determination.''

Subsec. (g)(4)(A). Pub. L. 103-182, Sec. 411(4)(F), inserted

''the North American Free Trade Agreement Implementation Act

implementing the binational dispute settlement system under chapter

19 of the NAFTA, or'' after ''or amendment made by,'', a comma

before ''violates'', ''only'' after ''may be brought'', and '',

which shall have jurisdiction of such action'' after ''Circuit''

and struck out at end ''Any action brought under this subparagraph

shall be heard and determined by a 3-judge court in accordance with

section 2284 of title 28.''

Subsec. (g)(5). Pub. L. 103-182, Sec. 411(4)(G), inserted ''of

the NAFTA or'' after ''article 1904'' in subpars. (A), (B), and

(C)(i), substituted '', the relevant FTA Secretary,'' for '', the

Canadian Secretary,'' in subpar. (C)(ii), and inserted ''of the

NAFTA or'' after ''chapter 19'' in subpar. (C)(iii).

Subsec. (g)(6). Pub. L. 103-182, Sec. 411(4)(H), inserted ''of

the NAFTA or'' after ''article 1904''.

Subsec. (g)(7). Pub. L. 103-182, Sec. 411(4)(I)(i), inserted ''of

the NAFTA or the Agreement'' in heading.

Subsec. (g)(7)(A). Pub. L. 103-182, Sec. 411(4)(I)(ii), (iii),

substituted heading for one which read ''In general'' and inserted

''the NAFTA or'' before ''the Agreement''.

Subsec. (g)(8)(A). Pub. L. 103-182, Sec. 411(4)(J), designated

existing provisions as cl. (i), inserted cl. heading, realigned

margin, inserted ''of the NAFTA or'' after ''article 1904(4)'', and

added cl. (ii).

Subsec. (g)(8)(B)(ii). Pub. L. 103-182, Sec. 411(4)(K),

substituted ''relevant FTA Secretary'' for ''Canadian Secretary''.

Subsec. (g)(8)(C). Pub. L. 103-182, Sec. 411(4)(L), substituted

''of a determination under article 1904 of the NAFTA or the

Agreement'' for ''under article 1904 of the Agreement of a

determination''.

Subsec. (g)(9). Pub. L. 103-182, Sec. 411(4)(M), inserted ''of

the NAFTA or'' after ''chapter 19''.

Subsec. (g)(10). Pub. L. 103-182, Sec. 411(4)(N), substituted

''Government of the relevant FTA country received notice of the

determination under paragraph 4 of article 1904 of the NAFTA or the

Agreement'' for ''Government of Canada received notice of the

determination under article 1904(4) of the Agreement''.

Subsec. (g)(11), (12). Pub. L. 103-182, Sec. 411(4)(O), added

pars. (11) and (12).

1990 - Subsec. (a)(5)(A). Pub. L. 101-382, Sec. 134(a)(3)(A)(i),

added subpar. (A) and struck out former subpar. (A) which read as

follows: ''the date of publication in the Federal Register of -

''(i) notice of any determination described in paragraph (1)(B)

or a determination described in clause (ii) or (iii) of paragraph

(2)(B), or

''(ii) an antidumping or countervailing duty order based upon

any determination described in clause (i) of paragraph (2)(B),

or''.

Subsec. (a)(5)(C). Pub. L. 101-382, Sec. 134(a)(3)(A)(ii), added

subpar. (C).

Subsec. (g)(3)(A)(iv). Pub. L. 101-382, Sec. 134(a)(3)(B)(i),

added cl. (iv).

Subsec. (g)(3)(B). Pub. L. 101-382, Sec. 134(a)(3)(B)(ii),

inserted ''or (iv)'' after ''subparagraph (A)(i)''.

1988 - Subsec. (a)(5). Pub. L. 100-449, Sec. 401(a), added par.

(5).

Subsec. (b)(3). Pub. L. 100-449, Sec. 401(d), added par. (3).

Subsec. (f)(5) to (7). Pub. L. 100-449, Sec. 401(b), added pars.

(5) to (7).

Subsec. (g). Pub. L. 100-449, Sec. 401(c), added subsec. (g).

1986 - Subsec. (a)(3). Pub. L. 99-514 substituted

''(2)(A)(i)(II)'' for ''(2)(A)(ii)''.

1984 - Subsec. (a)(1). Pub. L. 98-573, Sec. 623(a)(1), amended

par. (1) generally, and thereby struck out the designation ''(A)''

before ''Within 30 days'', redesignated former cls. (i) to (iii) as

subpars. (A) to (C), respectively, in subpar. (A) as so

redesignated struck out references to the Secretary and to section

1303(a)(3) of this title, in subpar. (B) as so redesignated struck

out reference to the administering authority and to review of

agreements based on changed circumstances, and struck out former

subpar. (B), relating to a right of judicial review of certain

determinations of the administering authority within 10 days after

publication of notice of the determination in the Federal Register.

Subsec. (a)(2)(A). Pub. L. 98-573, Sec. 623(a)(2), inserted the

designation ''(i)'' before ''the date of publication in the Federal

Register of'', redesignated cls. (i) and (ii) as subcls. (I) and

(II), respectively, and added cl. (ii).

Subsec. (a)(2)(B)(i). Pub. L. 98-573, Sec. 623(a)(3), amended cl.

(i) generally and thereby struck out provisions referring to final

affirmative determinations by the Secretary and by the Commission

under section 1303 of this title, and inserted reference to any

negative part of decisions under section 1671d or 1673d of this

title.

Subsec. (a)(2)(B)(ii). Pub. L. 98-573, Sec. 623(a)(3), amended

cl. (ii) generally and thereby struck out references to the

Secretary and to section 1303 of this title and inserted provision

relating to any part of a final affirmative determination which

specifically excludes any company or product.

Subsec. (a)(2)(B)(iii). Pub. L. 98-573, Sec. 623(a)(3), amended

cl. (iii) generally and thereby substituted provisions relating to

final determinations by the administering authority or the

Commission for provisions relating to determinations by the

Secretary, the administering authority, or the Commission.

Subsec. (a)(2)(B)(iv). Pub. L. 98-573, Sec. 623(a)(3), amended

cl. (iv) generally and thereby inserted provision relating to any

final determination resulting from a continued investigation which

changes the size of the dumping margin or net subsidy calculated,

or the reasoning underlying such calculations, at the time the

suspension agreement was concluded.

Subsec. (a)(2)(B)(vi). Pub. L. 98-573, Sec. 623(a)(3), added cl.

(vi).

Subsec. (a)(3), (4). Pub. L. 98-573, Sec. 623(a)(4), added par.

(3) and redesignated former par. (3) as (4).

1982 - Subsecs. (c)(1), (e). Pub. L. 97-164 substituted ''Court

of Appeals for the Federal Circuit'' for ''Court of Customs and

Patent Appeals''.

1980 - Subsec. (a)(1). Pub. L. 96-417, Sec. 608(a), inserted

subpar. ''(A) Thirty-day review'' heading; redesignated as cls.

(i), (ii), and (iii) of subpar. (A) provisions formerly designated

as subpars. (A), (C), and (D) of par. (1); inserted subpar. ''(B)

Ten-day review'' heading and its introductory text; redesignated as

cls. (i) and (ii) of subpar. (B) provisions formerly designated as

subpars. (B) and (E) of par. (1), thus substituting ten-day for

thirty-day review for such clauses; enacted provision respecting

commencement of action by an interested party following subpars.

(A) and (B), formerly enacted following only par. (1); and

redesignated the United States Customs Court as the United States

Court of International Trade in the latter provisions.

Subsec. (a)(2)(A). Pub. L. 96-417, Sec. 601(7), redesignated the

United States Customs Court as the United States Court of

International Trade.

Subsec. (a)(3). Pub. L. 96-542 substituted ''chapter 169 of title

28'' for ''subsections (b), (c), and (e) of chapter 169 of title

28''.

Pub. L. 96-417, Sec. 608(b), substituted ''chapter 169 of title

28'' for ''section 2632 of title 28''.

Subsec. (c)(1), (2). Pub. L. 96-417, Sec. 601(7), 608(c),

redesignated in pars. (1) and (2) the United States Customs Court

as the United States Court of International Trade and deleted from

par. (2) the criteria to be considered in ruling on an injunction,

namely, the party likely to prevail, irreparable harm, public

interest, and greater harm.

Subsec. (d). Pub. L. 96-417, Sec. 601(7), 608(d), redesignated

the United States Customs Court as the United States Court of

International Trade and substituted requirement for notification of

''all such interested parties of the filing of an action under this

section, in the form, manner, style, and within the time prescribed

by rules of the court'' for prior notice requirement to ''all

interested parties of the filing of an action pursuant to this

section''.

Subsec. (e). Pub. L. 96-417, Sec. 601(7), redesignated the United

States Customs Court as the United States Court of International

Trade.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 129(e) of Pub. L. 103-465 effective on the

date on which the WTO Agreement enters into force with respect to

the United States (Jan. 1, 1995), see section 130 of Pub. L.

103-465, set out as an Effective Date note under section 3531 of

this title.

Amendment by sections 220(b), 270(a)(1)(N), and 271(b) of Pub. L.

103-465 effective, except as otherwise provided, on the date on

which the WTO Agreement enters into force with respect to the

United States (Jan. 1, 1995), and applicable with respect to

investigations, reviews, and inquiries initiated and petitions

filed under specified provisions of this chapter after such date,

see section 291 of Pub. L. 103-465, set out as a note under section

1671 of this title.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-182 effective on the date the North

American Free Trade Agreement enters into force with respect to the

United States (Jan. 1, 1994), but not applicable to any final

determination described in section 1516a(a)(1)(B) or (2)(B)(i),

(ii), or (iii) of this title, notice of which is published in the

Federal Register before such date, or to a determination described

in section 1516a(a)(2)(B)(vi) of this title, notice of which is

received by the Government of Canada or Mexico before such date, or

to any binational panel review under the United States-Canada

Free-Trade Agreement, or to any extraordinary challenge arising out

of any such review, that was commenced before such date, see

section 416 of Pub. L. 103-182, set out as an Effective Date note

under section 3431 of this title.

EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT

Amendment by Pub. L. 100-449 effective on date United

States-Canada Free-Trade Agreement enters into force (Jan. 1,

1989), and to cease to have effect on date Agreement ceases to be

in force, see section 501(a), (c) of Pub. L. 100-449, set out in a

note under section 2112 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 applicable with respect to civil

actions pending on, or filed on or after, Oct. 30, 1984, see

section 626(b)(2) of Pub. L. 98-573, set out as a note under

section 1671 of this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of Title

28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1980 AMENDMENTS

Section 3 of Pub. L. 96-542 provided that: ''The amendments made

by this Act (amending this section and provisions set out as a note

under section 251 of Title 28, Judiciary and Judicial Procedure)

shall be effective as of November 1, 1980.''

Amendment by Pub. L. 96-417 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 a note under section 251 of title 28.

EFFECTIVE DATE; TRANSITIONAL RULES

Section 1002 of title X of Pub. L. 96-39 provided that:

''(a) Effective Date. - The amendments made by this title

(enacting this section and amending sections 1514, 1515, and 1516

of this title and sections 1541, 1582, 2632, 2633, and 2637 of

Title 28, Judiciary and Judicial Procedure) shall take effect on

that date (hereinafter in this section referred to as the

'effective date') on which title VII of the Tariff Act of 1930

(subtitle IV of this chapter) (as added by title I of this Act)

takes effect (Jan. 1, 1980); and section 515(a) of such Act of 1930

(section 1515(a) of this title) (as amended by section 1001(b)(2))

shall apply with respect to any denial, in whole or in part, of a

protest filed under section 514 of such Act of 1930 (section 1514

of this title) on or after the effective date.

''(b) Transitional Rules. -

''(1) Certain protests, petitions, actions, etc. - The

amendments made by this title (enacting this section and amending

sections 1514, 1515, and 1516 of this title and sections 1541,

1582, 2632, 2633, and 2637 of Title 28, Judiciary and Judicial

Procedure) shall not apply with respect to -

''(A) any protest, petition, or notice of desire to contest

filed before the effective date (Jan. 1, 1980) under section

514, 516(a), or 516(d), respectively, of the Tariff Act of 1930

(section 1514, 1516(a), or 1516(d) of this title);

''(B) any civil action commenced before the effective date

(Jan. 1, 1980) under section 2632 of title 28 of the United

States Code; or

''(C) any civil action commenced after the effective date

(Jan. 1, 1980) under such section 2632 if the protest,

petition, or notice of desire to contest (under section 514,

516(a), or 516(d), respectively, of the Tariff Act of 1930) on

which such action is based was filed before such effective

date.

''(2) Law to be applied for purposes of such actions. -

Notwithstanding the repeal of the Antidumping Act, 1921 (sections

160 to 171 of this title), by section 106(a) of this Act, and the

amendment of section 303 of the Tariff Act of 1930 (section 1303

of this title) by section 103 of this Act, the law in effect on

the date of any finding or determination contested in a civil

action described in subparagraph (A), (B), or (C) of paragraph

(1) shall be applied for purposes of that action.

''(3) Certain countervailing and antidumping duty assessments.

- The amendments made by this title (enacting this section and

amending sections 1514, 1515, and 1516 of this title and sections

1541, 1582, 2632, 2633, and 2637 of Title 28, Judiciary and

Judicial Procedure) shall apply with respect to the review of the

assessment of, or failure to assess, any countervailing duty or

antidumping duty on entries subject to a countervailing duty

order or antidumping finding if the assessment is made after the

effective date. If no assessment of such duty had been made

before the effective date that could serve the party seeking

review as the basis of a review of the underlying determination,

made by the Secretary of the Treasury or the International Trade

Commission before the effective date, on which such order,

finding, or lack thereof is based, then the underlying

determination shall be subject to review in accordance with the

law in effect on the day before the effective date.

''(4) Certain countervailing and antidumping duty

determinations. - With respect to any preliminary determination

or final determination of the Secretary of the Treasury under

section 303 of the Tariff Act of 1930 (section 1303 of this

title) or the Antidumping Act, 1921 (sections 160 to 171 of this

title), which is treated under section 102 of this Act (set out

as a note under section 1671 of this title) as if made under

section 703(b), 705(a), 733(b), or 735(a) of the Tariff Act of

1930 (section 1671b(b), 1671d(a), 1673b(b), or 1673d(a) of this

title) (as added by title I of this Act) such determinations

shall be subject to judicial review in the same manner and to the

same extent as if made on the day before the effective date.''

-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.

-MISC5-

EFFECT OF TERMINATION OF NAFTA COUNTRY STATUS

For provisions relating to effect of termination of NAFTA country

status on the provisions of sections 401 to 416 of Pub. L. 103-182,

see section 3451 of this title.

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title

XVIII (Sec. 1801-1899A) of Pub. L. 99-514 require an amendment to

any plan, such plan amendment shall not be required to be made

before the first plan year beginning on or after Jan. 1, 1989, see

section 1140 of Pub. L. 99-514, as amended, set out as a note under

section 401 of Title 26, Internal Revenue Code.

-EXEC-

ACCEPTANCE BY PRESIDENT OF PANEL AND COMMITTEE DECISIONS

For acceptance by President of decisions of binational panels and

extraordinary challenge committees in event that subsec. (b)(7)(B)

of this section takes effect, see section 2 of Ex. Ord. No. 12889,

Dec. 27, 1993, 58 F.R. 69681, set out as a note under section 3311

of this title.

For provision that in the event that subsec. (g)(7)(B) of this

section takes effect, the President accepts, as a whole, all

decisions of binational panels and extraordinary challenge

committees, see section 3 of Ex. Ord. No. 12662, Dec. 31, 1988, 54

F.R. 785, set out as a note under section 2112 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1514, 1675, 1675b, 1676a,

1677f, 1677n, 3451 of this title; title 28 sections 1581, 2201,

2631, 2632, 2635, 2636, 2639, 2640, 2643.

-CITE-

19 USC Sec. 1517 to 1519 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1517 to 1519. Repealed. June 25, 1948, ch. 646, Sec. 39, 62

Stat. 992, eff. Sept. 1, 1948

-MISC1-

Section 1517, act June 17, 1930, ch. 497, title IV, Sec. 517, 46

Stat. 737, related to frivolous protest or appeal. See section

2641 of Title 28, Judiciary and Judicial Procedure.

Section 1518, acts June 10, 1890, ch. 407, Sec. 12, 26 Stat. 136;

May 27, 1908, ch. 205, Sec. 3, 35 Stat. 406; Aug. 5, 1909, ch. 6,

Sec. 28, 36 Stat. 98; May 28, 1926, ch. 411, Sec. 1, 44 Stat. 669;

June 17, 1930, ch. 497, title IV, Sec. 518, 46 Stat. 737, related

to the judges of the United States Customs Court: their

appointment, salary, retirement, vacancies, and powers; the control

of the fiscal affairs and of the clerical force of the court; and

the division of the court. See sections 251 to 254, 456, 1581,

2071, 2639, and 2640 of Title 28, Judiciary and Judicial Procedure.

Last sentence of section, relating to the transfer of unexpended

appropriations for salaries to be available for expenditures for

the same purposes, was omitted as executed.

Section 1519, act June 17, 1930, ch. 497, title IV, Sec. 519, 46

Stat. 739, related to publication of Customs Court's decisions.

See section 255 of Title 28, Judiciary and Judicial Procedure.

-CITE-

19 USC Sec. 1520 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1520. Refunds and errors

-STATUTE-

(a) Cases in which refunds authorized

The Secretary of the Treasury is authorized to refund duties or

other receipts in the following cases:

(1) Excess deposits. - Whenever it is ascertained on

liquidation or reliquidation of an entry or reconciliation that

more money has been deposited or paid as duties than was required

by law to be so deposited or paid;

(2) Fees, charges, and exactions. - Whenever it is determined

in the manner required by law that any fees, charges, or

exactions, other than duties and taxes, have been erroneously or

excessively collected; and

(3) Fines, penalties, and forfeitures. - Whenever money has

been deposited in the Treasury on account of a fine, penalty, or

forfeiture which did not accrue, or which is finally determined

to have accrued in an amount less than that so deposited, or

which is mitigated to an amount less than that so deposited or is

remitted.

(4) Prior to liquidation. - Prior to the liquidation of an

entry or reconciliation, whenever it is ascertained that excess

duties, fees, charges, or exactions have been deposited or paid

by reason of clerical error.

(b) Authorization of appropriations

The necessary moneys to make such refunds are authorized to be

appropriated annually from the general fund of the Treasury.

(c) Reliquidation of entry or reconciliation

Notwithstanding a valid protest was not filed, the Customs

Service may, in accordance with regulations prescribed by the

Secretary, reliquidate an entry or reconciliation to correct -

(1) a clerical error, mistake of fact, or other inadvertence,

whether or not resulting from or contained in electronic

transmission, not amounting to an error in the construction of a

law, adverse to the importer and manifest from the record or

established by documentary evidence, in any entry, liquidation,

or other customs transaction, when the error, mistake, or

inadvertence is brought to the attention of the Customs Service

within one year after the date of liquidation or exaction; or

(2) any assessment of duty on household or personal effects in

respect of which an application for refund has been filed, with

such employee as the Secretary of the Treasury shall designate,

within one year after the date of entry.

(d) Goods qualifying under NAFTA rules of origin

Notwithstanding the fact that a valid protest was not filed, the

Customs Service may, in accordance with regulations prescribed by

the Secretary, reliquidate an entry to refund any excess duties

(including any merchandise processing fees) paid on a good

qualifying under the rules of origin set out in section 3332 of

this title for which no claim for preferential tariff treatment was

made at the time of importation if the importer, within 1 year

after the date of importation, files, in accordance with those

regulations, a claim that includes -

(1) a written declaration that the good qualified under those

rules at the time of importation;

(2) copies of all applicable NAFTA Certificates of Origin (as

defined in section 1508(b)(1) of this title); and

(3) such other documentation relating to the importation of the

goods as the Customs Service may require.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 520, 46 Stat. 739; June 26,

1934, ch. 756, Sec. 2, 48 Stat. 1225; June 25, 1938, ch. 679, Sec.

18, 52 Stat. 1086; Aug. 8, 1953, ch. 397, Sec. 20, 67 Stat. 519;

Pub. L. 91-271, title II, Sec. 210, June 2, 1970, 84 Stat. 287;

Pub. L. 95-410, title II, Sec. 210, Oct. 3, 1978, 92 Stat. 903;

Pub. L. 98-573, title II, Sec. 210(b), 212(c)(B), formerly Sec.

212(b)(7)(B), Oct. 30, 1984, 98 Stat. 2977, 2984, renumbered Pub.

L. 99-514, title XVIII, Sec. 1889(3), Oct. 22, 1986, 100 Stat.

2925; Pub. L. 103-182, title II, Sec. 206, title VI, Sec. 642(b),

646, Dec. 8, 1993, 107 Stat. 2095, 2205, 2207; Pub. L. 106-36,

title II, Sec. 2408(a), June 25, 1999, 113 Stat. 171.)

-COD-

CODIFICATION

Act June 26, 1934, effective July 1, 1935, provided for repeal of

certain permanent appropriations authorizing, in lieu thereof, an

annual appropriation from the general fund of the Treasury.

-MISC3-

PRIOR PROVISIONS

This section, as originally enacted, contained a paragraph (b)

making a permanent appropriation of the moneys necessary to make

refunds. Effective July 1, 1935, paragraph (b) was repealed by act

June 26, 1934, ch. 756, Sec. 2, 48 Stat. 1225, such act

authorizing, in lieu thereof, an annual appropriation from the

general fund of the Treasury.

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 520, 42 Stat. 973. That

section was superseded by section 520 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Prior provisions somewhat similar to those in subdivisions (1)

and (3) of paragraph (a) for refund of moneys paid on account of

unascertained or estimated duties or payments on appeal, and for

correction of clerical errors within one year, with further

provisions making an appropriation and requiring reports to

Congress of moneys refunded, were contained in act Oct. 3, 1913,

ch. 16, Sec. III, Y, 38 Stat. 191, which reenacted the provisions

of Customs Administrative Act June 10, 1890, ch. 407, Sec. 24, 26

Stat. 140, as renumbered and reenacted by Payne-Aldrich Tariff Act

of August 5, 1909, ch. 6, Sec. 28, 36 Stat. 103. Said section III,

Y, of the 1913 act was repealed by act Sept. 21, 1922, ch. 356,

title IV, Sec. 643, 42 Stat. 989.

Provisions concerning the refund of moneys collected as duties in

accordance with any decision, etc., of the Secretary of the

Treasury, with provisos concerning reliquidations, correction of

errors, household effects and other articles exempt from duty, were

contained in act March 3, 1875, ch. 136, 18 Stat. 469, which was

also repealed by section 643 of the act of Sept. 21, 1922.

R.S. Sec. 3011 (as amended by act Feb. 27, 1877, ch. 69, Sec. 1,

19 Stat. 247, and act Feb. 1, 1888, ch. 4, 25 Stat. 6) and section

3012, relative to actions to recover duties paid under protest, and

sections 3012 1/2 and 3013, relative to refunds, were repealed by

the Customs Administrative Act of June 10, 1890, ch. 407, Sec. 29.

26 Stat. 141.

Act June 7, 1924, ch. 357, 43 Stat. 660, authorizing the

remission of unpaid customs duties on material belonging to the

United States and theretofore imported by the War Department, was

omitted from the Code as temporary.

AMENDMENTS

1999 - Subsec. (d). Pub. L. 106-36 inserted ''(including any

merchandise processing fees)'' after ''excess duties'' in

introductory provisions.

1993 - Subsec. (a)(1), (4). Pub. L. 103-182, Sec. 646(1),

inserted ''or reconciliation'' after ''entry''.

Subsec. (c). Pub. L. 103-182, Sec. 646(2)(A), (B), substituted

''Customs Service'' for ''appropriate customs officer'' and

inserted ''or reconciliation'' after ''entry'' in introductory

provisions.

Subsec. (c)(1). Pub. L. 103-182, Sec. 646(2)(A), (C), inserted

'', whether or not resulting from or contained in electronic

transmission,'' before ''not amounting to'', and substituted

''Customs Service'' for ''appropriate customs officer''.

Subsec. (d). Pub. L. 103-182, Sec. 206, added subsec. (d). See

Construction of 1993 Amendment note below.

Pub. L. 103-182, Sec. 642(b), struck out subsec. (d) which read

as follows: ''If a determination is made to reliquidate an entry as

a result of a protest filed under section 1514 of this title or an

application for relief made under subsection (c)(1) of this

section, or if reliquidation is ordered by an appropriate court,

interest shall be allowed on any amount paid as increased or

additional duties under section 1505(c) of this title at the annual

rate established pursuant to that section and determined as of the

15th day after the date of liquidation or reliquidation. The

interest shall be calculated from the date of payment to the date

of (1) the refund, or (2) the filing of a summons under section

2632 of title 28, whichever occurs first.'' See Construction of

1993 Amendment note below.

1984 - Subsec. (a)(4). Pub. L. 98-573, Sec. 212(b)(7)(B), added

par. (4).

Subsec. (d). Pub. L. 98-573, Sec. 210(b), added subsec. (d).

1978 - Subsec. (c)(1). Pub. L. 95-410 substituted ''appropriate

customs officer within one year after the date of liquidation or

exaction'' for ''customs service within one year after the date of

entry, or transaction, or within ninety days after liquidation or

exaction when the liquidation or exaction is made more than nine

months after the date of the entry, or transaction''.

1970 - Subsec. (c). Pub. L. 91-271 in introductory material

substituted ''the appropriate customs officer may, in accordance

with regulations prescribed by the Secretary,'' for ''the Secretary

of the Treasury may authorize a collector to'', and in par. (1)

struck out ''appraisement'' wherever appearing and substituted

''ninety'' and ''nine'' for ''sixty'' and ''ten'', respectively.

1953 - Subsec. (c)(1). Act Aug. 8, 1953, extended the relief

provision to situations involving clerical errors, mistakes of

fact, or any other inadvertence not amounting to an error in the

construction of a law, in any entry, liquidation, appraisement or

other customs transaction, when such error, mistake or other

inadvertence is adverse to the record or established by written

evidence.

Subsec. (c)(2). Act Aug. 8, 1953, permitted correction of

assessments of duty on household or personal effects which are

subject to duty.

1938 - Subsecs. (b), (c). Act June 25, 1938, added subsecs. (b)

and (c).

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-36 applicable with respect to goods

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

the 15th day after June 25, 1999, see section 2408(c) of Pub. L.

106-36, set out as a note under section 1514 of this title.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 206 of Pub. L. 103-182 effective on the date

the North American Free Trade Agreement enters into force with

respect to the United States (Jan. 1, 1994), see section 213(b) of

Pub. L. 103-182, set out as an Effective Date note under section

3331 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 210(b) of Pub. L. 98-573 applicable with

respect to determinations made or ordered on or after Oct. 30,

1984, see section 214(c)(5)(B) of Pub. L. 98-573, set out as a note

under section 1304 of this title.

Amendment by section 212 of Pub. L. 98-573 effective on close of

180th day after Oct. 30, 1984, see section 214(d) of Pub. L.

98-573, set out as a note under section 1304 of this title.

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.

EFFECTIVE DATE OF 1953 AMENDMENT; SAVINGS PROVISION

Amendment by act Aug. 8, 1953, effective on and after thirtieth

day following Aug. 8, 1953, and savings provision, see notes set

out under section 1304 of this title.

EFFECTIVE DATE OF 1938 AMENDMENT

Amendment by act June 25, 1938, effective on thirtieth day

following June 25, 1938, except as otherwise specifically provided,

see section 37 of act June 25, 1938, set out as a note under

section 1401 of this title.

CONSTRUCTION OF 1993 AMENDMENT

Amendment by section 206 of Pub. L. 103-182 to be made after

amendment by section 642(b) of Pub. L. 103-182 is executed, see

section 212 of Pub. L. 103-182, set out as a note under section 58c

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.

-MISC5-

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title

XVIII (Sec. 1801-1899A) of Pub. L. 99-514 require an amendment to

any plan, such plan amendment shall not be required to be made

before the first plan year beginning on or after Jan. 1, 1989, see

section 1140 of Pub. L. 99-514, as amended, set out as a note under

section 401 of Title 26, Internal Revenue Code.

AVAILABILITY OF TRANSPORTATION AND STORAGE FACILITIES FOR MILITARY

PURPOSES

Act Sept. 29, 1942, ch. 567, 56 Stat. 761, authorized removal of

merchandise in bond or customs custody from transportation and

storage facilities needed for military purposes, prior to repeal by

act July 25, 1947, ch. 327, Sec. 1, 61 Stat. 449.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1503, 1505, 1509, 1514 of

this title.

-CITE-

19 USC Sec. 1521 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1521. Repealed. Pub. L. 103-182, title VI, Sec. 618, Dec. 8,

1993, 107 Stat. 2180

-MISC1-

Section, acts June 17, 1930, ch. 497, title IV, Sec. 521, 46

Stat. 739; June 2, 1970, Pub. L. 91-271, title III, Sec. 301(b), 84

Stat. 287, provided for reliquidation of entry on account of fraud.

-CITE-

19 USC Sec. 1522 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1522. Omitted

-COD-

CODIFICATION

Section, act June 17, 1930, ch. 497, title IV, Sec. 522, 46 Stat.

739, amended section 372 of former Title 31. See section 5151 of

Title 31, Money and Finance.

-CITE-

19 USC Sec. 1523 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1523. Examination of accounts

-STATUTE-

The Secretary of the Treasury or such officer or employee as he

shall designate, shall, under regulations and instructions

prescribed by the Secretary -

(1) examine the customs officers' accounts of receipts and

disbursements of money and receipts and disposition of

merchandise; and

(2) verify, to such extent as the Secretary of the Treasury

shall direct, assessments of duties and taxes and allowances of

drawback.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 523, 46 Stat. 740; Aug. 8,

1953, ch. 397, Sec. 2(d), 67 Stat. 508; Pub. L. 91-271, title III,

Sec. 301(s), June 2, 1970, 84 Stat. 290.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 523, 42 Stat. 974. That

section was superseded by section 523 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

AMENDMENTS

1970 - Pub. L. 91-271 substituted reference to customs officers

for reference to collectors.

1953 - Act Aug. 8, 1953, amended section generally by eliminating

the provision continuing ''naval officers of customs'' as

''Comptrollers of Customs''; by substituting the reference to ''The

Secretary of the Treasury or such officer or employee as he shall

designate'' for references to the comptrollers of customs; and,

among other changes, substituting the provision that the

verification of assessments of duties and allowances of drawbacks

should be to such extent as the Secretary of the Treasury directs,

for the former provision requiring such verification in all cases.

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.

EFFECTIVE DATE OF 1953 AMENDMENT; SAVINGS PROVISION

Amendment by act Aug. 8, 1953, effective on and after thirtieth

day following Aug. 8, 1953, and savings provision, see notes set

out under section 1304 of this title.

-CITE-

19 USC Sec. 1524 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1524. Deposit of reimbursable charges

-STATUTE-

Receipts for any reimbursable charges or expenses which have been

paid for out of any appropriation for collecting the revenue from

customs shall be deposited as a refund to such appropriation

instead of being covered into the Treasury as miscellaneous

receipts, as provided by section 527 of this title.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 524, 46 Stat. 741; June 25,

1938, ch. 679, Sec. 19(b), 52 Stat. 1087.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 524, 42 Stat. 975. That

section was superseded by section 524 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

AMENDMENTS

1938 - Act June 25, 1938, amended section generally.

EFFECTIVE DATE OF 1938 AMENDMENT

Amendment by act June 25, 1938, effective on thirtieth day

following June 25, 1938, except as otherwise specifically provided,

see section 37 of act June 25, 1938, set out as a note under

section 1401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 58c, 1613b, 1755 of this

title.

-CITE-

19 USC Sec. 1525 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1525. Repealed. Pub. L. 89-762, Sec. 2, Nov. 5, 1966, 80 Stat.

1312

-MISC1-

Section, act June 17, 1930, ch. 497, title IV, Sec. 525, 46 Stat.

741, authorized the Secretary of the Treasury to employ not more

than ten persons in the District of Columbia who have been detailed

from the field force of the Customs Service.

-CITE-

19 USC Sec. 1526 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1526. Merchandise bearing American trade-mark

-STATUTE-

(a) Importation prohibited

Except as provided in subsection (d) of this section, it shall be

unlawful to import into the United States any merchandise of

foreign manufacture if such merchandise, or the label, sign, print,

package, wrapper, or receptacle, bears a trademark owned by a

citizen of, or by a corporation or association created or organized

within, the United States, and registered in the Patent and

Trademark Office by a person domiciled in the United States, under

the provisions of sections 81 to 109 of title 15, and if a copy of

the certificate of registration of such trademark is filed with the

Secretary of the Treasury, in the manner provided in section 106 of

said title 15, unless written consent of the owner of such

trademark is produced at the time of making entry.

(b) Seizure and forfeiture

Any such merchandise imported into the United States in violation

of the provisions of this section shall be subject to seizure and

forfeiture for violation of the customs laws.

(c) Injunction and damages

Any person dealing in any such merchandise may be enjoined from

dealing therein within the United States or may be required to

export or destroy such merchandise or to remove or obliterate such

trademark and shall be liable for the same damages and profits

provided for wrongful use of a trade-mark, under the provisions of

sections 81 to 109 of title 15.

(d) Exemptions; publication in Federal Register; forfeitures; rules

and regulations

(1) The trademark provisions of this section and section 1124 of

title 15, do not apply to the importation of articles accompanying

any person arriving in the United States when such articles are for

his personal use and not for sale if (A) such articles are within

the limits of types and quantities determined by the Secretary

pursuant to paragraph (2) of this subsection, and (B) such person

has not been granted an exemption under this subsection within

thirty days immediately preceding his arrival.

(2) The Secretary shall determine and publish in the Federal

Register lists of the types of articles and the quantities of each

which shall be entitled to the exemption provided by this

subsection. In determining such quantities of particular types of

trade-marked articles, the Secretary shall give such consideration

as he deems necessary to the numbers of such articles usually

purchased at retail for personal use.

(3) If any article which has been exempted from the restrictions

on importation of the trade-mark laws under this subsection is sold

within one year after the date of importation, such article, or its

value (to be recovered from the importer), is subject to

forfeiture. A sale pursuant to a judicial order or in liquidation

of the estate of a decedent is not subject to the provisions of

this paragraph.

(4) The Secretary may prescribe such rules and regulations as may

be necessary to carry out the provisions of this subsection.

(e) Merchandise bearing counterfeit mark; seizure and forfeiture;

disposition of seized goods

Any such merchandise bearing a counterfeit mark (within the

meaning of section 1127 of title 15) imported into the United

States in violation of the provisions of section 1124 of title 15,

shall be seized and, in the absence of the written consent of the

trademark owner, forfeited for violations of the customs laws.

Upon seizure of such merchandise, the Secretary shall notify the

owner of the trademark, and shall, after forfeiture, destroy the

merchandise. Alternatively, if the merchandise is not unsafe or a

hazard to health, and the Secretary has the consent of the

trademark owner, the Secretary may obliterate the trademark where

feasible and dispose of the goods seized -

(1) by delivery to such Federal, State, and local government

agencies as in the opinion of the Secretary have a need for such

merchandise,

(2) by gift to such eleemosynary institutions as in the opinion

of the Secretary have a need for such merchandise, or

(3) more than 90 days after the date of forfeiture, by sale by

the Customs Service at public auction under such regulations as

the Secretary prescribes, except that before making any such sale

the Secretary shall determine that no Federal, State, or local

government agency or eleemosynary institution has established a

need for such merchandise under paragraph (1) or (2).

(f) Civil penalties

(1) Any person who directs, assists financially or otherwise, or

aids and abets the importation of merchandise for sale or public

distribution that is seized under subsection (e) of this section

shall be subject to a civil fine.

(2) For the first such seizure, the fine shall be not more than

the value that the merchandise would have had if it were genuine,

according to the manufacturer's suggested retail price, determined

under regulations promulgated by the Secretary.

(3) For the second seizure and thereafter, the fine shall be not

more than twice the value that the merchandise would have had if it

were genuine, as determined under regulations promulgated by the

Secretary.

(4) The imposition of a fine under this subsection shall be

within the discretion of the Customs Service, and shall be in

addition to any other civil or criminal penalty or other remedy

authorized by law.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 526, 46 Stat. 741; Pub. L.

93-596, Sec. 3, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 95-410, title

II, Sec. 211(a), (c), Oct. 3, 1978, 92 Stat. 903; Pub. L. 103-182,

title VI, Sec. 663, Dec. 8, 1993, 107 Stat. 2214; Pub. L. 104-153,

Sec. 9, 10, July 2, 1996, 110 Stat. 1388.)

-REFTEXT-

REFERENCES IN TEXT

Sections 81 to 109 of title 15, referred to in subsecs. (a) and

(c), were repealed by act July 5, 1946, ch. 540, Sec. 46(a), 61

Stat. 444. See sections 1051 to 1127, respectively, of Title 15,

Commerce and Trade.

Section 106 of title 15, referred to in subsec. (a), was repealed

by act July 15, 1946, ch. 540, Sec. 46(a), 60 Stat. 444. See

section 1124 of Title 15.

The customs laws, referred to in subsec. (b), are classified

generally to this title.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 526, 42 Stat. 975. That

section was superseded by section 526 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-153, Sec. 9, inserted ''destroy

the merchandise. Alternatively, if the merchandise is not unsafe

or a hazard to health, and the Secretary has the consent of the

trademark owner, the Secretary may'' after ''shall, after

forfeiture,'' in second sentence, inserted ''or'' at end of par.

(2), substituted period for '', or'' at end of par. (3), and struck

out par. (4) which read as follows: ''if the merchandise is unsafe

or a hazard to health, by destruction.''

Subsec. (f). Pub. L. 104-153, Sec. 10, added subsec. (f).

1993 - Subsec. (e)(3). Pub. L. 103-182 substituted ''90 days''

for ''1 year'' and ''the Customs Service'' for ''appropriate

customs officers''.

1978 - Subsec. (a). Pub. L. 95-410, Sec. 211(a)(1), substituted

''Except as provided in subsection (d) of this section, it'' for

''It''.

Subsec. (d). Pub. L. 95-410, Sec. 211(a)(2), added subsec. (d).

Subsec. (e). Pub. L. 95-410, Sec. 211(c), added subsec. (e).

-CHANGE-

CHANGE OF NAME

''Patent and Trademark Office'' substituted for ''Patent Office''

in subsec. (a) pursuant to Pub. L. 93-596, Sec. 3, Jan. 2, 1975, 88

Stat. 1949, set out as a note under section 1 of Title 35, Patents.

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 1124; title 48

section 1643.

-CITE-

19 USC Sec. 1527 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1527. Importation of wild mammals and birds in violation of

foreign law

-STATUTE-

(a) Importation prohibited

If the laws or regulations of any country, dependency, province,

or other subdivision of government restrict the taking, killing,

possession, or exportation to the United States, of any wild mammal

or bird, alive or dead, or restrict the exportation to the United

States of any part or product of any wild mammal or bird, whether

raw or manufactured, no such mammal or bird, or part or product

thereof, shall, after the expiration of ninety days after June 17,

1930, be imported into the United States from such country,

dependency, province, or other subdivision of government, directly

or indirectly, unless accompanied by a certification of the United

States consul, for the consular district in which is located the

port or place from which such mammal or bird, or part or product

thereof, was exported from such country, dependency, province, or

other subdivision of government, that such mammal or bird, or part

or product thereof, has not been acquired or exported in violation

of the laws or regulations of such country, dependency, province,

or other subdivision of government.

(b) Forfeiture

Any mammal or bird, alive or dead, or any part or product

thereof, whether raw or manufactured, imported into the United

States in violation of the provisions of the preceding subdivision

shall be subject to seizure and forfeiture under the customs laws.

Any such article so forfeited may, in the discretion of the

Secretary of the Treasury and under such regulations as he may

prescribe, be placed with the departments or bureaus of the Federal

or State Governments, or with societies or museums, for exhibition

or scientific or educational purposes, or destroyed, or (except in

the case of heads or horns of wild mammals) sold in the manner

provided by law.

(c) Section not to apply in certain cases

The provisions of this section shall not apply in the case of -

(1) Prohibited importations

Articles the importation of which is prohibited under the

provisions of this chapter, or of section 42(a) of title 18, or

of any other law;

(2) Scientific or educational purposes

Wild mammals or birds, alive or dead, or parts or products

thereof, whether raw or manufactured, imported for scientific or

educational purposes;

(3) Certain migratory game birds

Migratory game birds (for which an open season is provided by

the laws of the United States and any foreign country which is a

party to a treaty with the United States, in effect on the date

of importation, relating to the protection of such migratory game

birds) brought into the United States by bona fide sportsmen

returning from hunting trips in such country, if at the time of

importation the possession of such birds is not prohibited by the

laws of such country or of the United States.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 527, 46 Stat. 741.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in subsec. (b), are classified

generally to this title.

-COD-

CODIFICATION

In subsec. (c)(1), ''section 42(a) of title 18'' substituted for

''section 241 of the Criminal Code (18 U.S.C. 391)'' on authority

of act June 25, 1948, ch. 645, 62 Stat. 683, the first section of

which enacted Title 18, Crimes and Criminal Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 1540.

-CITE-

19 USC Sec. 1528 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1528. Taxes not to be construed as duties

-STATUTE-

No tax or other charge imposed by or pursuant to any law of the

United States shall be construed to be a customs duty for the

purpose of any statute relating to the customs revenue, unless the

law imposing such tax or charge designates it as a customs duty or

contains a provision to the effect that it shall be treated as a

duty imposed under the customs laws. Nothing in this section shall

be construed to limit or restrict the jurisdiction of the United

States Court of International Trade or the United States Court of

Appeals for the Federal Circuit.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 528, as added June 25,

1938, ch. 679, Sec. 20, 52 Stat. 1087; amended Pub. L. 96-417,

title VI, Sec. 601(8), Oct. 10, 1980, 94 Stat. 1744; Pub. L.

97-164, title I, Sec. 163(a)(3), Apr. 2, 1982, 96 Stat. 49.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in text, are classified generally

to this title.

-MISC2-

AMENDMENTS

1982 - Pub. L. 97-164 substituted ''Court of Appeals for the

Federal Circuit'' for ''Court of Customs and Patent Appeals''.

1980 - Pub. L. 96-417 redesignated the United States Customs

Court as the United States Court of International Trade.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of Title

28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 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 a note under section 251 of Title 28, Judiciary and Judicial

Procedure.

EFFECTIVE DATE

Section effective on thirtieth day following June 25, 1938,

except as otherwise specifically provided, see section 37 of act

June 25, 1938, set out as an Effective Date of 1938 Amendment note

under section 1401 of this title.

-CITE-

19 USC Sec. 1529 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part III - Ascertainment, Collection, and Recovery of Duties

-HEAD-

Sec. 1529. Collection of fees on behalf of other agencies

-STATUTE-

The Customs Service shall be reimbursed from the fees collected

for the cost and expense, administrative and otherwise, incurred in

collecting any fees on behalf of any government (FOOTNOTE 1) agency

for any reason.

(FOOTNOTE 1) So in original. Probably should be capitalized.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 529, as added Pub. L.

103-182, title VI, Sec. 669, Dec. 8, 1993, 107 Stat. 2216.)

-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.

-CITE-

19 USC Part IV - Transportation in Bond and Warehousing

of Merchandise 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part IV - Transportation in Bond and Warehousing of Merchandise

.

-HEAD-

Part IV - Transportation in Bond and Warehousing of Merchandise

-CITE-

19 USC Sec. 1551 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part IV - Transportation in Bond and Warehousing of Merchandise

-HEAD-

Sec. 1551. Designation as carrier of bonded merchandise

-STATUTE-

Under such regulations and subject to such terms and conditions

as the Secretary of the Treasury shall prescribe -

(1) any common carrier of merchandise owning or operating a

railroad, steamship, or other transportation line or route for

the transportation of merchandise in the United States,

(2) any contract carrier authorized to operate as such by any

agency of the United States, and

(3) any freight forwarder authorized to operate as such by any

agency of the United States,

upon application, may, in the discretion of the Secretary, be

designated as a carrier of bonded merchandise for the final release

of which from customs custody a permit has not been issued. A

private carrier, upon application, may, in the discretion of the

Secretary, be designated under the preceding sentence as a carrier

of bonded merchandise, subject to such regulations and, in the case

of each applicant, to such special terms and conditions as the

Secretary may prescribe to safeguard the revenues of the United

States with respect to the transportation of bonded merchandise by

such applicant.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 551, 46 Stat. 742; Dec. 28,

1945, ch. 605, 59 Stat. 667; Pub. L. 87-598, Aug. 24, 1962, 76

Stat. 400; Pub. L. 87-854, Oct. 23, 1962, 76 Stat. 1130; Pub. L.

90-240, Sec. 3, Jan. 2, 1968, 81 Stat. 776.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 551, 42 Stat. 975. That

section was superseded by section 551 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Prior provisions concerning transportation of merchandise in bond

without appraisement to another port of entry were contained in the

Immediate Transportation Act of June 10, 1880, ch. 190, 21 Stat.

173, as amended, section 3 of which required the merchandise to be

transported by carriers designated by the Secretary of the

Treasury, and required them to give bonds as the Secretary should

require. That act was repealed by act Sept. 21, 1922, ch. 356,

title IV, Sec. 643, 42 Stat. 989.

AMENDMENTS

1968 - Pub. L. 90-240 provided that a private carrier, upon

application, could, in the discretion of the Secretary, be

designated as a carrier of bonded merchandise, subject to

regulations, terms, and conditions prescribed by the Secretary,

safeguard the revenues of the United States with respect to the

transportation of bonded merchandise by such applicant.

1962 - Pub. L. 87-854 included any contract carrier authorized to

operate as such by any agency of the United States.

Pub. L. 87-598 substituted ''authorized to operate as such by any

agency of the United States,'' for '', as defined in section

1002(5) of title 49.''

1945 - Act Dec. 28, 1945, substituted ''Under such regulations

and subject to such terms and conditions as the Secretary of the

Treasury shall prescribe, any common carrier of merchandise owning

or operating a railroad, steamship, or other transportation line or

route for the transportation of merchandise in the United States,

or any freight forwarder, as defined in section 1002(5) of title

49, upon application, may, in the discretion of the Secretary'' for

''Any common carrier of merchandise owning or operating railroad,

steamship, or other transportation lines or routes for the

transportation of merchandise in the United States, upon

application and the filing of a bond in a form and penalty and with

such sureties as may be approved by the Secretary of the Treasury,

may''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1565 of this title.

-CITE-

19 USC Sec. 1551a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part IV - Transportation in Bond and Warehousing of Merchandise

-HEAD-

Sec. 1551a. Bonded cartmen or lightermen

-STATUTE-

The Secretary of the Treasury be, and he is, authorized, when it

appears to him to be in the interest of commerce, and

notwithstanding any provision of law or regulation requiring that

the transportation of imported merchandise be by a bonded common

carrier, to permit such merchandise which has been entered and

examined for customs purposes to be transported by bonded cartmen

or bonded lightermen between the ports of New York, Newark, and

Perth Amboy, which are all included in Customs Collection District

Numbered 10 (New York): Provided, That this resolution shall not be

construed to deprive any of the ports affected of its rights and

privileges as a port of entry.

-SOURCE-

(June 19, 1936, ch. 611, 49 Stat. 1538.)

-COD-

CODIFICATION

Section was not enacted as part of Tariff Act of 1930 which

comprises this chapter.

-CITE-

19 USC Sec. 1552 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part IV - Transportation in Bond and Warehousing of Merchandise

-HEAD-

Sec. 1552. Entry for immediate transportation

-STATUTE-

Any merchandise, other than explosives and merchandise the

importation of which is prohibited, arriving at a port of entry in

the United States may be entered, under such rules and regulations

as the Secretary of the Treasury may prescribe, for transportation

in bond without appraisement to any other port of entry designated

by the consignee, or his agent, and by such bonded carrier as he

designates, there to be entered in accordance with the provisions

of this chapter.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 552, 46 Stat. 742.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 552, 42 Stat. 975. That

section was superseded by section 552 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Prior provisions for transportation in bond without appraisement

of merchandise with certain exceptions, when imported at certain

named ports and destined for certain ports, were contained in act

June 10, 1880, ch. 190, Sec. 1 (as amended by act June 14, 1880,

ch. 214, and act June 20, 1884, ch. 103) 2, 7, and 9, 21 Stat. 173,

174, 175. Sections 5 (as amended by act July 2, 1884, ch. 142, and

act Feb. 23, 1887, ch. 215, and act Feb. 2, 1899, ch. 84) and 6 (as

amended by act July 2, 1884, ch. 142), regulated the transportation

and transfer of the merchandise. The act of June 10, 1880 was

amended by act Feb. 23, 1887, ch. 218, 24 Stat. 414, and its

provisions were extended by various acts to ports other than those

originally named. The act of June 10, 1880, ch. 190, as amended,

and the acts of Feb. 23, 1887, ch. 218, and Feb. 2, 1899, ch. 84,

were all repealed by act Sept. 21, 1922, ch. 356, title IV, Sec.

643, 42 Stat. 989, and the various acts extending the provisions of

the act of June 10, 1880, thereupon became inoperative.

R.S. Sec. 2990-2997, as amended by act Feb. 18, 1875, ch. 80, 18

Stat. 319, and as extended by act Mar. 14, 1876, ch. 23, 19 Stat.

7, and act Aug. 14, 1876, ch. 270, 19 Stat. 139, contained

provisions somewhat similar to those of the act of June 10, 1880,

ch. 190, and were repealed by section 8 of the 1880 act.

R.S. Sec. 2581, relative to the transshipment of merchandise

transported in bond to the port of Brownsville, by Brazos Harbor;

R.S. Sec. 2816-2831, as amended by act Feb. 27, 1877, ch. 69, Sec.

1, 19 Stat. 246, 247, and act June 16, 1880, ch. 239, 21 Stat. 283,

relative to transportation of merchandise intended to be imported

into certain ports of delivery; and R.S. Sec. 2998, prescribing a

penalty for breaking or entering any car, etc., containing

merchandise transported under sections 2990-2997, or defacing any

lock or seal, etc. - were all repealed by act Sept. 21, 1922, ch.

356, title IV, Sec. 642, 42 Stat. 989.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1315, 1484 of this title.

-CITE-

19 USC Sec. 1553 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part IV - Transportation in Bond and Warehousing of Merchandise

-HEAD-

Sec. 1553. Entry for transportation and exportation; lottery

material from Canada

-STATUTE-

(a) Any merchandise, other than explosives and merchandise the

importation of which is prohibited, shown by the manifest, bill of

lading, shipping receipt, or other document to be destined to a

foreign country, may be entered for transportation in bond through

the United States by a bonded carrier without appraisement or the

payment of duties and exported under such regulations as the

Secretary of the Treasury shall prescribe; and any baggage or

personal effects not containing merchandise the importation of

which is prohibited arriving in the United States destined to a

foreign country may, upon the request of the owner or carrier

having the same in possession for transportation, be entered for

transportation in bond through the United States by a bonded

carrier without appraisement or the payment of duty, under such

regulations as the Secretary of the Treasury may prescribe. In

places where no bonded common-carrier facilities are reasonably

available, such merchandise may be so transported otherwise than by

a bonded common carrier under such regulations as the Secretary of

the Treasury shall prescribe.

(b) Notwithstanding subsection (a) of this section, the entry for

transportation in bond through the United States of any lottery

ticket, printed paper that may be used as a lottery ticket, or any

advertisement of any lottery, that is printed in Canada, shall be

permitted without appraisement or the payment of duties under such

regulations as the Secretary of the Treasury may prescribe, except

that such regulations shall not permit the transportation of

lottery materials in the personal baggage of a traveler.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 553, 46 Stat. 742; June 25,

1938, ch. 679, Sec. 21, 52 Stat. 1087; Pub. L. 101-382, title III,

Sec. 484H(a), Aug. 20, 1990, 104 Stat. 711.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 553, 42 Stat. 976. That

section was superseded by section 553 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

A prior provision that merchandise destined for a foreign country

might be entered and conveyed through the territory of the United

States without payment of duties under regulations to be prescribed

by the Secretary of the Treasury was contained in R.S. Sec. 3005,

as amended by act Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 247, and

act May 21, 1900, ch. 487, Sec. 1, 31 Stat. 181. Res. March 1,

1895, No. 23, 28 Stat. 973, partially suspending the operation of

that section, was repealed by act May 21, 1900, ch. 487, Sec. 2, 31

Stat. 181, and the section was itself repealed by act Sept. 21,

1922, ch. 356, title IV, Sec. 642, 42 Stat. 989.

A provision that baggage or personal effects in transit to a

foreign country might be delivered to the collector for retention

without payment of duty, or forwarding to the collector of the port

of departure, was contained in act Oct. 3, 1913, ch. 16, Sec. III,

CC, 38 Stat. 192, which reenacted Customs Administrative Act June

10, 1890, ch. 407, Sec. 28, 26 Stat. 141, as reenacted by

Payne-Aldrich Tariff Act Aug. 5, 1909, ch. 6, Sec. 28, 36 Stat.

104. Said section III, CC, of the 1913 act was repealed by act

Sept. 21, 1922, ch. 356, title IV, Sec. 643, 42 Stat. 989.

R.S. Sec. 2803, on the same subject, was superseded by section 28

of the Customs Administrative Act of June 10, 1890, and repealed by

section 642 of the act of Sept. 21, 1922.

R.S. Sec. 2866, provided for the entry and conveyance in transit,

without payment of duties, of merchandise arriving at certain ports

in the United States destined for the British possessions in North

America, and for conveyance in transit from such possessions for

export from said ports, in pursuance of provisions of the treaty

with Great Britain of May 8, 1871. It was repealed on the

termination of articles 18-25, 30, of that treaty, pursuant to the

Joint Resolution of Mar. 3, 1883, No. 22, 22 Stat. 641.

AMENDMENTS

1990 - Pub. L. 101-382 designated existing provisions as subsec.

(a) and added subsec. (b).

1938 - Act June 25, 1938, inserted sentence providing for

transportation otherwise than by bonded carrier where no bonded

common-carrier facilities are reasonably available.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 484H(b) of Pub. L. 101-382, as amended by Pub. L.

104-295, Sec. 5, Oct. 11, 1996, 110 Stat. 3517, provided that:

''The amendments made by this section (amending this section) shall

apply with respect to articles entered for transportation in bond

on or after the date that is 15 days after the date of enactment of

this Act (Aug. 20, 1990).''

EFFECTIVE DATE OF 1938 AMENDMENT

Amendment by act June 25, 1938, effective on thirtieth day

following June 25, 1938, except as otherwise specifically provided,

see section 37 of act June 25, 1938, set out as a note under

section 1401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1484 of this title.

-CITE-

19 USC Sec. 1553a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part IV - Transportation in Bond and Warehousing of Merchandise

-HEAD-

Sec. 1553a. Recordkeeping for merchandise transported by pipeline

-STATUTE-

Merchandise in Customs (FOOTNOTE 1) custody that is transported

by pipeline may be accounted for on a quantitative basis, based on

the bill of lading, or equivalent document of receipt, issued by

the pipeline carrier. Unless the Customs Service has reasonable

cause to suspect fraud, the Customs Service may accept the bill of

lading, or equivalent document of receipt, issued by the pipeline

carrier to the shipper and accepted by the consignee to maintain

identity. The shipper, pipeline operator, and consignee shall be

subject to the recordkeeping requirements of sections 1508 and 1509

of this title.

(FOOTNOTE 1) So in original. Probably should not be

capitalized.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 553A, as added Pub. L.

103-182, title VI, Sec. 664, Dec. 8, 1993, 107 Stat. 2215.)

-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.

-CITE-

19 USC Sec. 1554 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part IV - Transportation in Bond and Warehousing of Merchandise

-HEAD-

Sec. 1554. Transportation through contiguous countries

-STATUTE-

With the consent of the proper authorities, imported merchandise,

in bond or duty-paid, and products and manufactures of the United

States may be transported from one port to another in the United

States through contiguous countries, under such regulations as the

Secretary of the Treasury shall prescribe, unless such

transportation is in violation of section 4347 of the Revised

Statutes, as amended, section 883 of title 46, Appendix, or section

1588 of this title.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 554, 46 Stat. 743.)

-REFTEXT-

REFERENCES IN TEXT

Section 4347 of the Revised Statutes, as amended, referred to in

text, was not classified to this Code. It was superseded by act

Feb. 17, 1898, ch. 26, Sec. 1, 30 Stat. 248, which was classified

to section 290 of former Title 46, Shipping. See section 883 of

Title 46, Appendix.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 554, 42 Stat. 976. That

section was superseded by section 554 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Prior provisions the same in effect as those in this section,

except that they did not contain the provision commencing with the

words ''unless such transportation,'' were contained in R.S. Sec.

3006, which also provided that the merchandise transported should

be treated as if transported entirely within the United States.

R.S. Sec. 3007 exempted cars and vehicles from the payment of fees

for receiving or certifying manifests. Both sections were repealed

by act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42 Stat. 989.

-CITE-

19 USC Sec. 1555 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part IV - Transportation in Bond and Warehousing of Merchandise

-HEAD-

Sec. 1555. Bonded warehouses

-STATUTE-

(a) Designation; preconditions; bonding requirements; supervision

Subject to subsection (b) of this section, buildings or parts of

buildings and other enclosures may be designated by the Secretary

of the Treasury as bonded warehouses for the storage of imported

merchandise entered for warehousing, or taken possession of by the

appropriate customs officer, or under seizure, or for the

manufacture of merchandise in bond, or for the repacking, sorting,

or cleaning of imported merchandise. Such warehouses may be bonded

for the storing of such merchandise only as shall belong or be

consigned to the owners or proprietors thereof and be known as

private bonded warehouses, or for the storage of imported

merchandise generally and be known as public bonded warehouses.

Before any imported merchandise not finally released from customs

custody shall be stored in any such premises, the owner or lessee

thereof shall give a bond in such sum and with such sureties as may

be approved by the Secretary of the Treasury to secure the

Government against any loss or expense connected with or arising

from the deposit, storage, or manipulation of merchandise in such

warehouse. Except as otherwise provided in this chapter, bonded

warehouses shall be used solely for the storage of imported

merchandise and shall be placed in charge of a proper officer of

the customs, who, together with the proprietor thereof, shall have

joint custody of all merchandise stored in the warehouse; and all

labor on the merchandise so stored shall be performed by the owner

or proprietor of the warehouse, under supervision of the officer of

the customs in charge of the same, at the expense of the owner or

proprietor. The compensation of such officer of the customs and

other customs employees appointed to supervise the receipt of

merchandise into any such warehouse and deliveries therefrom shall

be reimbursed to the Government by the proprietor of such

warehouse.

(b) Duty-free sales enterprises

(1) Duty-free sales enterprises may sell and deliver for export

from the customs territory duty-free merchandise in accordance with

this subsection and such regulations as the Secretary may prescribe

to carry out this subsection.

(2) A duty-free sales enterprise may be located anywhere within -

(A) the same port of entry, as established under section 1 of

the Act of August 24, 1912 (37 Stat. 434), from which a purchaser

of duty-free merchandise departs the customs territory; or

(B) 25 statute miles from the exit point through which the

purchaser of duty-free merchandise will depart the customs

territory; or

(C) a port of entry, as established under section 1 of the Act

of August 24, 1912 (37 Stat. 434), or within 25 statute miles of

a staffed port of entry if reasonable assurance can be provided

that duty-free merchandise sold by the enterprise will be

exported by individuals departing from the customs territory

through an international airport located within the customs

territory.

(3) Each duty-free sales enterprise -

(A) shall establish procedures to provide reasonable assurance

that duty-free merchandise sold by the enterprise will be

exported from the customs territory;

(B) if the duty-free sales enterprise is an airport store,

shall establish and enforce, in accordance with such regulations

as the Secretary may prescribe, restrictions on the sale of

duty-free merchandise to any one individual to personal use

quantities;

(C) shall display in prominent places within its place of

business notices which state clearly that any duty-free

merchandise purchased from the enterprise -

(i) has not been subject to any Federal duty or tax,

(ii) if brought back into the customs territory, must be

declared and is subject to Federal duty and tax, and

(iii) is subject to the customs laws and regulation of any

foreign country to which it is taken;

(D) shall not be required to mark or otherwise place a

distinguishing identifier on individual items of merchandise to

indicate that the items were sold by a duty-free sales

enterprise, unless the Secretary finds a pattern in which such

items are being brought back into the customs territory without

declaration;

(E) may unpack merchandise into saleable units after it has

been entered for warehouse and placed in a duty-free sales

enterprise, without requirement of further permits; and

(F) shall deliver duty-free merchandise -

(i) in the case of a duty-free sales enterprise that is an

airport store -

(I) to the purchaser (or a family member or companion

traveling with the purchaser) in an area that is within the

airport and to which access to passengers is restricted to

those departing from the customs territory;

(II) to the purchaser (or a family member or companion

traveling with the purchaser) at the exit point of a specific

departing flight;

(III) by placing the merchandise within the aircraft on

which the purchaser will depart for carriage as passenger

baggage; or

(IV) if the duty-free sales enterprise has made a good

faith effort to effect delivery for exportation through one

of the methods described in subclause (I), (II), or (III) but

is unable to do so, by any other reasonable method to effect

delivery; or

(ii) in the case of a duty-free sales enterprise that is a

border store -

(I) at a merchandise storage location at or beyond the exit

point; or

(II) at any location approved by the Secretary before the

date of enactment of the Omnibus Trade Act of 1987.

(4) If a State or local or other governmental authority, incident

to its jurisdiction over any airport, seaport, or other exit point

facility, requires that a concession or other form of approval be

obtained from that authority with respect to the operation of a

duty-free sales enterprise under which merchandise is delivered to

or through such facility for exportation, merchandise incident to

such operation may not be withdrawn from a bonded warehouse and

transferred to or through such facility unless the operator of the

duty-free sales enterprise demonstrates to the Secretary that the

concession or approval required for the enterprise has been

obtained.

(5) This subsection does not prohibit a duty-free sales

enterprise from offering for sale and delivering to, or on behalf

of, individuals departing from the customs territory merchandise

other than duty-free merchandise, except that such other

merchandise may not be stored in a bonded warehouse facility other

than a bonded facility used for retail sales.

(6)(A) Except as provided in subparagraph (B), merchandise that

is purchased in a duty-free sales enterprise is not eligible for

exemption from duty under subchapter IV of chapter 98 of the

Harmonized Tariff Schedule of the United States if such merchandise

is brought back to the customs territory.

(B) Except in the case of travel involving transit to, from, or

through an insular possession of the United States, merchandise

described in subparagraph (A) that is purchased by a United States

resident shall be eligible for exemption from duty under

subheadings 9804.00.65, 9804.00.70, and 9804.00.72 of the

Harmonized Tariff Schedule of the United States upon the United

States resident's return to the customs territory of the United

States, if the resident meets the eligibility requirements for the

exemption claimed. Notwithstanding any other provision of law,

such merchandise shall be considered to be an article acquired

abroad as an incident of the journey from which the resident is

returning, for purposes of determining eligibility for any such

exemption.

(7) The Secretary shall by regulation establish a separate class

of bonded warehouses for duty-free sales enterprises. Regulations

issued to carry out this paragraph shall take into account the

unique characteristics of the different types of duty-free sales

enterprises.

(8) For purposes of this subsection -

(A) The term ''airport store'' means a duty-free sales

enterprise which delivers merchandise to, or on behalf of,

individuals departing from the customs territory from an

international airport located within the customs territory.

(B) The term ''border store'' means a duty-free sales

enterprise which delivers merchandise to, or on behalf of,

individuals departing from the customs territory through a land

or water border by a means of conveyance other than an aircraft.

(C) The term ''customs territory'' means the customs territory

of the United States and foreign trade zones.

(D) The term ''duty-free sales enterprise'' means a person that

sells, for use outside the customs territory, duty-free

merchandise that is delivered from a bonded warehouse to an

airport or other exit point for exportation by, or on behalf of,

individuals departing from the customs territory.

(E) The term ''duty-free merchandise'' means merchandise sold

by a duty-free sales enterprise on which neither Federal duty nor

Federal tax has been assessed pending exportation from the

customs territory.

(F) The term ''exit point'' means the area in close proximity

to an actual exit for departing from the customs territory,

including the gate holding area in the case of an airport, but

only if there is reasonable assurance that duty-free merchandise

delivered in the gate holding area will be exported from the

customs territory.

(G) The term ''personal use quantities'' means quantities that

are only suitable for uses other than resale, and includes

reasonable quantities for household or family consumption as well

as for gifts to others.

(c) International travel merchandise

(1) Definitions

For purposes of this section -

(A) the term ''international travel merchandise'' means

duty-free or domestic merchandise which is placed on board

aircraft on international flights for sale to passengers, but

which is not merchandise incidental to the operation of a

duty-free sales enterprise;

(B) the term ''staging area'' is an area controlled by the

proprietor of a bonded warehouse outside of the physical

parameters of the bonded warehouse in which manipulation of

international travel merchandise in carts occurs;

(C) the term ''duty-free merchandise'' means merchandise on

which the liability for payment of duty or tax imposed by

reason of importation has been deferred pending exportation

from the customs territory;

(D) the term ''manipulation'' means the repackaging,

cleaning, sorting, or removal from or placement on carts of

international travel merchandise; and

(E) the term ''cart'' means a portable container holding

international travel merchandise on an aircraft for

exportation.

(2) Bonded warehouse for international travel merchandise

The Secretary shall by regulation establish a separate class of

bonded warehouse for the storage and manipulation of

international travel merchandise pending its placement on board

aircraft departing for foreign destinations.

(3) Rules for treatment of international travel merchandise and

bonded warehouses and staging areas

(A) The proprietor of a bonded warehouse established for the

storage and manipulation of international travel merchandise

shall give a bond in such sum and with such sureties as may be

approved by the Secretary of the Treasury to secure the

Government against any loss or expense connected with or arising

from the deposit, storage, or manipulation of merchandise in such

warehouse. The warehouse proprietor's bond shall also secure the

manipulation of international travel merchandise in a staging

area.

(B) A transfer of liability from the international carrier to

the warehouse proprietor occurs when the carrier assigns custody

of international travel merchandise to the warehouse proprietor

for purposes of entry into warehouse or for manipulation in the

staging area.

(C) A transfer of liability from the warehouse proprietor to

the international carrier occurs when the bonded warehouse

proprietor assigns custody of international travel merchandise to

the carrier.

(D) The Secretary is authorized to promulgate regulations to

require the proprietor and the international carrier to keep

records of the disposition of any cart brought into the United

States and all merchandise on such cart.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 555, 46 Stat. 743; Pub. L.

91-271, title III, Sec. 301(b), June 2, 1970, 84 Stat. 287; Pub. L.

98-573, title II, Sec. 211, Oct. 30, 1984, 98 Stat. 2977; Pub. L.

100-418, title I, Sec. 1908(b), Aug. 23, 1988, 102 Stat. 1315; Pub.

L. 101-382, title I, Sec. 139(a)(1), Aug. 20, 1990, 104 Stat. 653;

Pub. L. 104-295, Sec. 29, Oct. 11, 1996, 110 Stat. 3535; Pub. L.

106-36, title II, Sec. 2417, June 25, 1999, 113 Stat. 176; Pub. L.

106-476, title I, Sec. 1454, Nov. 9, 2000, 114 Stat. 2168.)

-REFTEXT-

REFERENCES IN TEXT

For provisions relating to ports of entry established under

section 1 of the Act of August 24, 1912 (37 Stat. 434), referred to

in subsec. (b)(2)(A), (C), see Prior Provisions note under section

1 of this title.

The date of enactment of the Omnibus Trade Act of 1987, referred

to in subsec. (b)(3)(F)(ii)(II), probably means the date of

enactment of the Omnibus Trade and Competitiveness Act of 1988,

Pub. L. 100-418, which was approved Aug. 23, 1988.

The Harmonized Tariff Schedule of the United States, referred to

in subsec. (b)(6), is not set out in the Code. See Publication of

Harmonized Tariff Schedule note set out under section 1202 of this

title.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 555, 42 Stat. 976. That

section was superseded by section 555 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Prior provisions dealing with the subject matter of this section

were contained in R.S. Sec. 2958, authorizing cellars and vaults of

stores for storage of wines and distilled spirits, and yards for

storage of coal, etc., to be constituted bonded warehouses; section

2959, authorizing parts of buildings to be bonded for the storage

of grain; section 2960, requiring private warehouses to be used

solely for the storage of warehoused merchandise, and be approved

by the Secretary of the Treasury, and be in charge of a proper

officer of the customs, etc.; section 2961 requiring bonds to hold

the United States harmless, and providing that imports deposited in

warehouses should be at the risk and expense of the owner or

importer; section 2968, authorizing the extension of warehouse

privileges to the port of Albany; and section 2988, as amended by

act Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 247, requiring

collectors to make reports of merchandise in warehouses. All of

these sections were repealed by act Sept. 21, 1922, ch. 356, title

IV, Sec. 642, 42 Stat. 989.

AMENDMENTS

2000 - Subsec. (c). Pub. L. 106-476 added subsec. (c).

1999 - Subsec. (b)(2)(B), (C). Pub. L. 106-36 substituted '';

or'' for period at end of subpar. (B) and added subpar. (C).

1996 - Subsec. (b)(6). Pub. L. 104-295 designated existing

provisions as subpar. (A), substituted ''Except as provided in

subparagraph (B), merchandise'' for ''Merchandise'', and added

subpar. (B).

1990 - Subsec. (b)(6). Pub. L. 101-382, which directed

substitution of ''subchapter IV of chapter 98 of the Harmonized

Tariff Schedule of the United States'' for ''subpart A of part 2 of

schedule 8 of the Tariff schedules of the United States'', was

executed by making the substitution for ''subpart A of part 2 of

schedule 8 of the Tariff Schedules of the United States'' to

reflect the probable intent of Congress.

1988 - Subsec. (b). Pub. L. 100-418 amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: ''If a

State or local governmental authority, incident to its jurisdiction

over any airport, seaport, or other exit point facility, requires

that a concession or other form of approval be obtained from that

authority with respect to the operation of a duty-free sales

enterprise under which merchandise is delivered to such facility

for exportation, merchandise incident to such operation may not be

withdrawn from a bonded warehouse and transferred to such facility

unless the operator of the duty-free sales enterprise demonstrates

to the Secretary of the Treasury that the concession or approval

required for the enterprise has been obtained. For purposes of

this subsection, the term 'duty-free sales enterprise' means an

entity that sells, in less than wholesale quantities, duty-free or

tax-free merchandise that is delivered from a bonded warehouse to

an airport, seaport, or point of exit from the United States for

exportation by, or on behalf of, individuals departing from the

United States.''

1984 - Pub. L. 98-573 designated existing provisions as subsec.

(a), substituted ''Subject to subsection (b) of this section,

buildings'' for ''Buildings'', and added subsec. (b).

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

customs officer for reference to collector.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-476, except as otherwise provided,

applicable with respect to goods entered, or withdrawn from

warehouse, for consumption, on or after the 15th day after Nov. 9,

2000, see section 1471 of Pub. L. 106-476, set out as a note under

section 58c of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 1908(c) of Pub. L. 100-418 provided that: ''The amendment

made by this section (amending this section) shall take effect on

the date that is 15 days after the date of enactment of this Act

(Aug. 23, 1988).''

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective on 15th day after Oct. 30,

1984, see section 214(a), (b) of Pub. L. 98-573, set out as a note

under section 1304 of this title.

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.

DUTY-FREE SALES ENTERPRISES; FINDINGS

Section 1908(a) of Pub. L. 100-418 provided that: ''The Congress

finds that -

''(1) duty-free sales enterprises play a significant role in

attracting international passengers to the United States and

thereby their operations favorably affect our balance of

payments;

''(2) concession fees derived from the operations of authorized

duty-free sales enterprises constitute an important source of

revenue for the State, local and other governmental authorities

that collect such fees;

''(3) there is inadequate statutory and regulatory recognition

of, and guidelines for the operation of, duty-free sales

enterprises; and

''(4) there is a need to encourage uniformity and consistency

of regulation of duty-free sales enterprises.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

18 section 2341; title 49 section 47107.

-CITE-

19 USC Sec. 1556 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part IV - Transportation in Bond and Warehousing of Merchandise

-HEAD-

Sec. 1556. Bonded warehouses; regulations for establishing

-STATUTE-

The Secretary of the Treasury shall from time to time establish

such rules and regulations as may be necessary for the

establishment of bonded warehouses and to protect the interests of

the Government in the conduct, management, and operation of such

warehouses and in the withdrawal of and accounting for merchandise

deposited therein.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 556, 46 Stat. 743.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 556, 42 Stat. 976. That

section was superseded by section 556 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Prior provisions on the subject matter of this section were

contained in R.S. Sec. 2989, as amended by act Feb. 27, 1877, ch.

69, Sec. 1, 19 Stat. 247, authorizing the Secretary of the Treasury

to establish rules and regulations for the execution of the

provisions of that chapter (chapter 7 of Title 34 of the Revised

Statutes, The Bond and Warehouse System); and in act June 22, 1874,

ch. 391, Sec. 24, 18 Stat. 191, authorizing the Secretary to make

regulations for the conduct and management of bonded warehouses,

general order stores and other depositories, and to revise, alter

or revoke regulations or orders, issued by collectors, prohibiting

the bonding of warehouses or the establishment of general order

stores without his authority and approval, and making it his duty

to require warehouses to be located contiguous, or as near as might

be, to landing places of vessels. These sections were repealed by

act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 643, 42 Stat. 989.

-CITE-

19 USC Sec. 1557 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part IV - Transportation in Bond and Warehousing of Merchandise

-HEAD-

Sec. 1557. Entry for warehouse

-STATUTE-

(a) Withdrawal of merchandise; time; payment of charges

(1) Any merchandise subject to duty (including international

travel merchandise), with the exception of perishable articles and

explosive substances other than firecrackers, may be entered for

warehousing and be deposited in a bonded warehouse at the expense

and risk of the owner (FOOTNOTE 1) purchaser, importer, or

consignee. Such merchandise may be withdrawn, at any time within 5

years from the date of importation, for consumption upon payment of

the duties and charges accruing thereon at the rate of duty imposed

by law upon such merchandise at the date of withdrawal; or may be

withdrawn for exportation or for transportation and exportation to

a foreign country, or for shipment or for transportation and

shipment to the Virgin Islands, American Samoa, Wake Island, Midway

Islands, Kingman Reef, Johnston Island, or the island of Guam,

without the payment of duties thereon, or for transportation and

rewarehousing at another port or elsewhere, or for transfer to

another bonded warehouse at the same port; except that -

(FOOTNOTE 1) So in original. Probably should be followed by a

comma.

(A) the total period of time for which such merchandise may

remain in bonded warehouse shall not exceed 5 years from the date

of importation; and

(B) turbine fuel may be withdrawn for use under section 1309 of

this title without the payment of duty if an amount equal to the

quantity of fuel withdrawn is shown to be used within 30 days

after the day of withdrawal, but duties (together with interest

payable from the date of the withdrawal at the rate of interest

established under section 6621 of title 26) shall be deposited by

the 40th day after the day of withdrawal on fuel that was

withdrawn in excess of the quantity shown to have been so used

during such 30-day period.

(2) Merchandise upon which the duties have been paid and which

shall have remained continuously in bonded warehouse or otherwise

in the custody and under the control of customs officers, may be

entered or withdrawn at any time within 5 years after the date of

importation for exportation or for transportation and exportation

to a foreign country, or for shipment or for transportation and

shipment to the Virgin Islands, American Samoa, Wake Island, Midway

Islands, Kingman Reef, Johnston Island, or the island of Guam,

under such regulations as the Secretary of the Treasury shall

prescribe, and upon such entry or withdrawal, and exportation or

shipment, the duties thereon shall be refunded.

(b) Transferal of right of withdrawal

The right to withdraw any merchandise entered in accordance with

subsection (a) of this section for the purposes specified in such

subsection may be transferred upon compliance with regulations

prescribed by the Secretary of the Treasury and upon the filing by

the transferee of a bond in such amount and containing such

conditions as the Secretary of the Treasury shall prescribe. The

bond shall include an obligation to pay, with respect to the

merchandise the subject of the transfer, all unpaid regular,

increased, and additional duties, all unpaid taxes imposed upon or

by reason of importation, and all unpaid charges and exactions.

Such transfers shall be irrevocable, shall relieve the transferor

from all customs liability with respect to obligations assumed by

the transferee under the bond herein provided for, and shall confer

upon the transferee all rights to the privileges provided for in

this section and in sections 1562 and 1563 of this title which were

vested in the transferor prior to the transfer. The transferee

shall also have the right to receive all lawful refunds of money

paid by him to the United States with respect to the merchandise

the subject of the transfer, and shall have the right to file a

protest under section 1514 of this title to the same extent that

such right would have been available to the transferor. Notice of

liquidation shall be given to the transferee in the form and manner

prescribed by the Secretary of the Treasury. A transferee may

further transfer the right to withdraw merchandise, subject to the

provisions of this subsection relating to original transfers.

(c) Destruction of merchandise at request of consignee

Merchandise entered under bond, under any provision of law, may,

upon payment of all charges other than duty on the merchandise, be

destroyed, at the request and at the expense of the consignee,

within the bonded period under customs supervision, in lieu of

exportation, and upon such destruction the entry of such

merchandise shall be liquidated without payment of duty and any

duties collected shall be refunded.

(d) Withdrawal before payment

Merchandise may be withdrawn for consumption without the payment

of the duty thereon if the importer of record or transferee is

permitted to pay duty at a later time pursuant to regulations

prescribed by the Secretary under section 1505 of this title.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 557, 46 Stat. 744; June 25,

1938, ch. 679, Sec. 2, 22(a), 23(a), 52 Stat. 1077, 1087, 1088;

Aug. 8, 1953, ch. 397, Sec. 21(a), 67 Stat. 519; June 30, 1955, ch.

258, Sec. 2(a) (4), 69 Stat. 242; Pub. L. 91-271, title III, Sec.

301(t), June 2, 1970, 84 Stat. 290; Pub. L. 91-685, Sec. 1, Jan.

12, 1971, 84 Stat. 2069; Pub. L. 95-410, title I, Sec. 108(a),

(b)(1), Oct. 3, 1978, 92 Stat. 892; Pub. L. 97-446, title II, Sec.

201(f), Jan. 12, 1983, 96 Stat. 2350; Pub. L. 103-182, title VI,

Sec. 665, Dec. 8, 1993, 107 Stat. 2215; Pub. L. 106-36, title II,

Sec. 2409, June 25, 1999, 113 Stat. 171.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 557, 42 Stat. 977. That

section was superseded by section 557 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Prior provisions dealing with the subject matter of this section

were contained in the following statutes, all of which were

repealed by act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 643,

42 Stat. 989:

Act Oct. 3, 1913, ch. 16, Sec. III, S, 38 Stat. 189, reenacting

the provisions of Customs Administrative Act of June 10, 1890, ch.

407, Sec. 20, 26 Stat. 140, as amended by act Oct. 1, 1890, ch.

1244, Sec. 54, 26 Stat. 624, and act Dec. 15, 1902, ch. 1, 32 Stat.

753, and as reenacted by Payne-Aldrich Tariff Act, Aug. 5, 1909,

ch. 6, Sec. 28, 36 Stat. 101, and authorizing the withdrawal for

consumption of merchandise deposited in any public or private

bonded warehouse within three years from date of importation, on

payment of duties and charges to which it might be subject at the

time of such withdrawal;

Res. Sept. 5, 1916, ch. 441, 39 Stat. 725, extending the time for

which merchandise for exportation to Mexico might remain in bonded

warehouse;

R.S. Sec. 2962, authorizing the deposit of merchandise, with

specified exceptions, when duly entered and bonded for warehousing,

in any public warehouse owned or leased by the United States, the

private warehouse of the importer used exclusively for the storage

of the importer's warehoused merchandise, or a warehouse used as a

general warehouse for the storage of warehoused merchandise;

section 2964, providing that when the owner, etc., should make

entry for warehousing, the collector should take possession and

deposit the merchandise in the public stores, or in stores to be

agreed on, there to be kept at the risk of the owner, importer,

etc., and subject to their order, on payment of duties and expenses

to be ascertained on entry, and secured by bond with surety;

section 2970 (superseded by Customs Administrative Act of June 10,

1890, ch. 407, Sec. 20, 26 Stat. 140), relative to the withdrawal

of merchandise; section 2971, authorizing withdrawal for

exportation, or transshipment to the Pacific Coast, and providing

for exclusion of periods when exportation or transshipment should

be prevented in computing the three years; section 2977 relative to

return of duties on merchandise upon which duties had been paid;

section 3000 authorizing withdrawal and transportation to a bonded

warehouse in another district and rewarehousing thereat; section

3001, as amended by act Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat.

247, authorizing the Secretary of the Treasury to prescribe the

form of bond to be given for transportation under the preceding

section, and the time for delivery, and imposing a penalty and

providing for forfeiture for failure to transport and deliver

within the time limited; sections 3002 and 3003, as amended by act

Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 247, and section 3004, as

amended by act Sept. 25, 1890, ch. 917, Sec. 2, 26 Stat. 470,

authorizing withdrawal for exportation to Mexico by certain routes,

and through certain ports;

R.S. Sec. 2967, which provided that merchandise imported into the

port of Louisville, and destined for Jeffersonville, might be

landed and warehoused at Jeffersonville, was superseded by the Plan

of Reorganization of the Customs Service set out in a note to

section 1 of this title, and repealed by act Sept. 21, 1922, ch.

356, title IV, Sec. 642, 42 Stat. 989.

AMENDMENTS

1999 - Subsec. (a)(1). Pub. L. 106-36 inserted ''(including

international travel merchandise)'' after ''Any merchandise subject

to duty'' in first sentence of introductory provisions.

1993 - Subsec. (a). Pub. L. 103-182 designated first two

sentences as par. (1), substituted ''; except that - '' along with

subpars. (A) and (B) for '': Provided, That the total period of

time for which such merchandise may remain in bonded warehouse

shall not exceed 5 years from the date of importation.'', and

designated remaining portion of subsec. (a) as par. (2).

1983 - Subsec. (a). Pub. L. 97-446, Sec. 201(f)(1), inserted

''purchaser'' after ''risk of the owner''.

Subsec. (d). Pub. L. 97-446, Sec. 201(f)(2), substituted

''importer of record'' for ''consignee'' before ''or transferee''.

1978 - Subsec. (a). Pub. L. 95-410, Sec. 108(b)(1), substituted

''5 years'' for ''three years'' wherever appearing.

Subsec. (d). Pub. L. 95-410, Sec. 108(a), added subsec. (d).

1971 - Subsec. (b). Pub. L. 91-685 substituted provisions which

granted the transferee the right to file a protest under section

1514 of this title to the same extent that such right would have

been available to the transferor and required notice of liquidation

to be given the transferee in the form and manner prescribed by the

Secretary of the Treasury for former provisions which denied the

transferee the right to file any protest under section 1514 of this

title except as to decisions with respect to his rights under

subsec. (c) of this section or under section 1562 or 1563 of this

title or against a decision as to the rate or amount of duty, tax,

charge, or exaction when such rate or amount has been changed by

statute or proclamation on or after the date of the transfer, or

the right to file an appeal for reappraisement under section 1501

of this title, except when subsequent to the transfer and before a

withdrawal for consumption has been deposited for the merchandise,

it has been charge changed in condition pursuant to section 1311 or

1562 of this title in a manner which necessitates that it be

appraised in its changed condition in order that the correct amount

of duties may be assessed, and prohibited any new or separate

liquidation, reliquidation, or determination to be made in name of,

or on behalf of, a transferee, except with regard to any matter

which may arise under subsec. (c) of this section or section 1562

or 1563 of this title when the transferee has invoked either of

these sections, and in the case of a statutory or proclaimed change

in the rate of duty, tax, charge, or exaction applicable to the

merchandise the subject of the transfer and effective on or after

the date of the transfer.

1970 - Subsec. (b). Pub. L. 91-271 substituted ''a protest

contesting an appraisement decision in accordance with section 1514

of this title'' for ''an appeal for reappraisement under section

1501 of this title''.

1955 - Subsec. (a). Act June 30, 1955, inserted ''Johnston

Island'' in two places.

1953 - Subsec. (b). Act Aug. 8, 1953, provided that all transfers

shall be irrevocable; that in the case of each transfer the

transferee shall file a bond undertaking to pay all unpaid duties,

taxes, charges, and exactions on the merchandise the subject of the

transfer; and that a transferee shall have no right to file a

protest under section 1514 of this title, or to a separate

liquidation in his behalf, unless the rate of duty, tax, charge, or

exaction has been changed pursuant to statute or proclamation after

the right to withdraw the merchandise was transferred to him.

1938 - Act June 25, 1938, amended section generally, and among

other changes, inserted ''Wake Island, Midway Islands, Kingman

Reef'' before ''or the island of Guam,'' and struck out ''(or ten

months in the case of grain)'' wherever appearing.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 97-446 applicable with respect to

merchandise entered on and after 30th day after Jan. 12, 1983, see

section 201(g) of Pub. L. 97-446, set out as a note under section

1484 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Section 108(b)(2) of Pub. L. 95-410 provided that: ''For purposes

of applying the amendments made by paragraph (1) (amending this

section and section 1559 of this title) to merchandise remaining in

a bonded warehouse on the date of enactment of this Act (Oct. 3,

1978), any period of time the merchandise was in the bonded

warehouse before that date shall be disregarded.''

EFFECTIVE DATE OF 1971 AMENDMENT

Section 2 of Pub. L. 91-685 provided that: ''The amendment made

by the first section of this Act (amending this section) shall

apply with respect to articles entered for warehousing on or after

the date of the enactment of this Act (Jan. 12, 1971).''

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.

EFFECTIVE DATE OF 1955 AMENDMENT

Amendment by act June 30, 1955, effective July 1, 1955, see note

set out under section 1401 of this title.

EFFECTIVE DATE OF 1953 AMENDMENT

Section 21(b) of act Aug. 8, 1953, provided that:

''Notwithstanding any other provision of this Act (amending this

section and sections 258, 1001, 1201, 1304, 1308, 1309, 1313, 1315,

1317, 1321, 1431, 1439, 1440, 1482, 1484, 1486, 1487, 1489, 1498,

1501, 1503, 1508, 1520, 1523, and 1562 of this title, enacting

sections 1322 and 1646a of this title, and repealing sections 33 to

35, 39, 42 to 45, 273, 274, 472 to 475, 1320, and 1503a of this

title), the foregoing subsection (a) shall be effective with

respect to merchandise entered after the date of the enactment of

this Act (Aug. 8, 1953) and to merchandise which has been entered

before that date and is the subject of a transfer within the

purview of section 557(b) of the Tariff Act (subsec. (b) of this

section), as amended by this Act, and made after the date of the

enactment of this Act.''

EFFECTIVE DATE OF 1938 AMENDMENT

Section 22(b) of act June 25, 1938, provided that: ''On and after

the effective date of this Act (see note set out under section 1401

of this title), this section (amending this section) shall be

effective with respect to merchandise entered for warehouse prior

to, as well as after, such date.''

Section 23(b) of act June 25, 1938, provided that: ''The

amendments made by subsection (a) of this section (amending this

section) shall apply in the case of grain imported prior to the

effective date of this act (see note set out under section 1401 of

this title) which, on such date, has not become abandoned to the

Government under section 491 or 559 of the Tariff Act of 1930

(section 1491 or 1559 of this title), and which has remained in the

custody of customs officers.''

SAVINGS PROVISION

Savings provision of act Aug. 8, 1953, which amended subsec. (b)

of this section, see note set out under section 1304 of this title.

EXTENSION OF THREE-YEAR PERIOD

For extension of three year period prescribed in this section,

see Proc. No. 2948, Oct. 12, 1951, 16 F.R. 10589, 65 Stat. c41, set

out as a note under section 1318 of this title.

Proc. No. 2599, Nov. 6, 1943, 8 F.R. 15359, 57 Stat. 758, as

amended by Proc. No. 2712, Dec. 4, 1946, 11 F.R. 14133, 61 Stat.

1047, superseded by Proc. No. 2948, Oct. 12, 1951, 16 F.R. 10589,

65 Stat. c41.

APPROPRIATIONS

Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was

classified to section 725a of former Title 31, Money and Finance,

repealed the permanent appropriation under the title ''Debentures

or drawbacks, bounties, or allowances (Customs) (2x321)'' effective

July 1, 1935, and provided that such portions of any Acts as make

permanent appropriations to be expended under such account are

amended so as to authorize, in lieu thereof, annual appropriations

from the general fund of the Treasury in identical terms and in

such amounts as now provided by the laws providing such permanent

appropriations.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1491, 1514, 1558 of this

title.

-CITE-

19 USC Sec. 1558 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part IV - Transportation in Bond and Warehousing of Merchandise

-HEAD-

Sec. 1558. No remission or refund after release of merchandise

-STATUTE-

(a) Exceptions

No remission, abatement, refund, or drawback of estimated or

liquidated duty shall be allowed because of the exportation or

destruction of any merchandise after its release from the custody

of the Government, except in the following cases:

(1) When articles are exported with respect to which a drawback

of duties is expressly provided for by law;

(2) When prohibited articles have been regularly entered in

good faith and are subsequently exported or destroyed pursuant to

a law of the United States and under such regulations as the

Secretary of the Treasury may prescribe; and

(3) When articles entered under bond, under any provision of

law, are destroyed within the bonded period as provided for in

section 1557 of this title, or are destroyed within the bonded

period by death, accidental fire, or other casualty, and proof of

such destruction is furnished which shall be satisfactory to the

Secretary of the Treasury, in which case any accrued duties shall

be remitted or refunded and any condition in the bond that the

articles shall be exported shall be deemed to have been

satisfied.

(b) Payment of duties required notwithstanding export or

destruction of articles; exception

When articles are exported or destroyed under customs supervision

after once having been released from customs custody, as provided

for in subsection (h) (FOOTNOTE 1) of section 1304 of this title,

such exportation or destruction shall not exempt such articles from

the payment of duties other than the marking duty provided for in

such subsection (h).

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 558, 46 Stat. 744; June 25,

1938, ch. 679, Sec. 24, 52 Stat. 1088; Pub. L. 106-36, title I,

Sec. 1001(b)(9), June 25, 1999, 113 Stat. 132.)

-REFTEXT-

REFERENCES IN TEXT

Subsection (h) of section 1304 of this title, referred to in

subsec. (b), was redesignated subsection (i) and a new subsection

(h) of section 1304 was added by Pub. L. 106-36, title II, Sec.

2423(a), June 25, 1999, 113 Stat. 180.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

R.S. Sec. 2978, as amended by act Feb. 27, 1877, ch. 69, Sec. 1, 19

Stat. 247, and in R.S. Sec. 3025, both of which were superseded by

act Sept. 21, 1922, ch. 356, title IV, Sec. 558, 42 Stat. 977, and

were repealed by section 642 thereof. Section 558 of the 1922 act

was superseded by section 558 of act June 17, 1930, comprising this

section, and repealed by section 651(a)(1) of the 1930 act.

AMENDMENTS

1999 - Subsec. (b). Pub. L. 106-36 substituted ''subsection (h)''

for ''subsection (c)'' in two places.

1938 - Act June 25, 1938, designated existing provisions as

subsecs. (a) and (b).

EFFECTIVE DATE OF 1938 AMENDMENT

Amendment by act June 25, 1938, effective on thirtieth day

following June 25, 1938, except as otherwise specifically provided,

see section 37 of act June 25, 1938, set out as a note under

section 1401 of this title.

-CITE-

19 USC Sec. 1559 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part IV - Transportation in Bond and Warehousing of Merchandise

-HEAD-

Sec. 1559. Warehouse goods deemed abandoned after 5 years

-STATUTE-

Merchandise upon which any duties or charges are unpaid,

remaining in bonded warehouse beyond 5 years from the date of

importation, shall be regarded as abandoned to the Government and

shall be sold under such regulations as the Secretary of the

Treasury shall prescribe, and the proceeds of sale paid into the

Treasury, as in the case of unclaimed merchandise covered by

section 1493 of this title, subject to the payment to the owner or

consignee of such amount, if any, as shall remain after deduction

of duties, charges, and expenses. Merchandise upon which all

duties and charges have been paid, remaining in bonded warehouse

beyond 5 years from the date of importation, shall be held to be no

longer in the custody or control of the officers of the customs.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 559, 46 Stat. 744; June 25,

1938, ch. 679, Sec. 23(a), 52 Stat. 1088; Pub. L. 95-410, title I,

Sec. 108(b)(1), Oct. 3, 1978, 92 Stat. 892.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 559, 42 Stat. 977. That

section was superseded by section 559 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Prior provisions that goods, remaining in public store or bonded

warehouse beyond three years, should be regarded as abandoned and

sold, and the proceeds paid into the Treasury, and that the

Secretary might pay the proceeds to the owner, etc., after

deducting duties, charges and expenses, were contained in R.S. Sec.

2971 and 2972, prior to repeal by act Sept. 21, 1922, ch. 356,

title IV, Sec. 642, 42 Stat. 989.

AMENDMENTS

1978 - Pub. L. 95-410 substituted ''5 years'' for ''three years''

wherever appearing.

1938 - Act June 25, 1938, struck out ''(or ten months in the case

of grain)'' wherever appearing.

EFFECTIVE DATE OF 1978 AMENDMENT

Period of time prior to Oct. 3, 1978, disregarded in application

of amendment to merchandise in bonded warehouse, see section

108(b)(1) of Pub. L. 95-410, set out as a note under section 1557

of this title.

EFFECTIVE DATE OF 1938 AMENDMENT

Section 23(b) of act June 25, 1938, provided as follows: ''The

amendments made by subsection (a) of this section (amending this

section) shall apply in the case of grain imported prior to the

effective date of this act (see note set out under section 1401 of

this title) which, on such date, has not become abandoned to the

Government under section 491 or 559 of the Tariff Act of 1930

(section 1491 or 1559 of this title), and which has remained in the

custody of customs officers.''

EXTENSION OF THREE-YEAR PERIOD

For extension of three year period prescribed in this section,

see Proc. No. 2948, Oct. 12, 1951, 16 F.R. 10589, 65 Stat. c41, set

out as a note under section 1318 of this title.

Proc. No. 2599, Nov. 6, 1943, 8 F.R. 15359, 57 Stat. 758, as

amended by Proc. No. 2712, Dec. 4, 1946, 11 F.R. 14133, 61 Stat.

1047, was superseded by Proc. No. 2948, Oct. 12, 1951, 16 F.R.

10589, 65 Stat. c41.

APPROPRIATIONS

Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was

classified to section 725a of former Title 31, Money and Finance,

repealed the permanent appropriation under the title ''Refunding

proceeds of unclaimed merchandise (Customs) (2x326)'' effective

July 1, 1935, and provided that such portions of any Acts as make

permanent appropriations to be expended under such account are

amended so as to authorize, in lieu thereof, annual appropriations

from the general fund of the Treasury in identical terms and in

such amounts as now provided by the laws providing such permanent

appropriations.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1491 of this title.

-CITE-

19 USC Sec. 1560 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part IV - Transportation in Bond and Warehousing of Merchandise

-HEAD-

Sec. 1560. Leasing of warehouses

-STATUTE-

The Secretary of the Treasury may cause to be set aside any

available space in a building used as a customhouse for the storage

of bonded merchandise or may lease premises for the storage of

unclaimed merchandise or other imported merchandise required to be

stored by the Government, and set aside a portion of such leased

premises for the storage of bonded merchandise: Provided, That no

part of any premises owned or leased by the Government may be used

for the storage of bonded merchandise at any port at which a public

bonded warehouse has been established and is in operation. All the

premises so leased shall be leased on public account and the

storage and other charges shall be deposited and accounted for as

customs receipts, and the rates therefor shall not be less than the

charges for storage and similar services made at such port of entry

by commercial concerns for the storage and handling of

merchandise. No officer of the customs shall own, in whole or in

part, any bonded warehouse or enter into any contract or agreement

for the lease or use of any building to be thereafter erected as a

public store or warehouse. No lease of any building to be so used

shall be taken for a longer period than three years, nor shall rent

for any such premises be paid, in whole or in part, in advance.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 560, 46 Stat. 745; Pub. L.

91-271, title III, Sec. 301(u), June 2, 1970, 84 Stat. 290.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 560, 42 Stat. 977. That

section was superseded by section 560 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Prior provisions on the subject matter of this section were

contained in R.S. Sec. 2953, providing that nothing therein

contained should be construed to prevent the leasing or hiring of

buildings for use of appraisers, or for short periods, of stores

required for customhouse purposes at the smaller ports; section

2954, authorizing the leasing of warehouses for storage of

unclaimed goods or goods required to be stored; section 2955,

prohibiting the leasing of warehouses at ports at which there was

any private bonded warehouse, but excepting buildings for use of

appraisers, etc.; section 2956, providing that warehouses hired

should be on public account, and be appropriated exclusively to

receipt of foreign merchandise, subject, as to rates of storage, to

regulation by the Secretary of the Treasury; and section 2957,

prohibiting leases for more than three years, or the payment of

rent in advance. All of these sections were repealed by act Sept.

21, 1922, ch. 356, title IV, Sec. 642, 42 Stat. 989.

A prior provision that no officer of the customs should have any

personal ownership of, or interest in, any bonded warehouse or

general order store, was contained in act June 22, 1874, ch. 391,

Sec. 24, 18 Stat. 191; and a provision prohibiting agreements for

the use of any building to be erected was contained in R.S. Sec.

2957. Both of these sections were repealed by act Sept. 21, 1922,

ch. 356, title IV, Sec. 642, 643, 42 Stat. 989.

AMENDMENTS

1970 - Pub. L. 91-271 substituted ''officer of the customs'' for

''collector or other officer of the customs''.

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.

-CITE-

19 USC Sec. 1561 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part IV - Transportation in Bond and Warehousing of Merchandise

-HEAD-

Sec. 1561. Public stores

-STATUTE-

Any premises owned or leased by the Government and used for the

storage of merchandise for the final release of which from customs

custody a permit has not been issued shall be known as a ''public

store.''

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 561, 46 Stat. 745.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 561, 42 Stat. 978. That

section was superseded by section 561 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

-CITE-

19 USC Sec. 1562 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part IV - Transportation in Bond and Warehousing of Merchandise

-HEAD-

Sec. 1562. Manipulation in warehouse

-STATUTE-

Unless by special authority of the Secretary of the Treasury, no

merchandise shall be withdrawn from bonded warehouse in less

quantity than an entire bale, cask, box, or other package; or, if

in bulk, in the entire quantity imported or in a quantity not less

than one ton weight. All merchandise so withdrawn shall be

withdrawn in the original packages in which imported unless, upon

the application of the importer, it appears to be the appropriate

customs officer that it is necessary to the safety or preservation

of the merchandise to repack or transfer the same; except that upon

permission therefor being granted by the Secretary of the Treasury,

and under customs supervision, at the expense of the proprietor,

merchandise may be cleaned, sorted, repacked, or otherwise changed

in condition, but not manufactured, in bonded warehouses

established for that purpose and be withdrawn therefrom -

(1) without payment of duties for exportation to a NAFTA

country, as defined in section 3301(4) of this title, if the

merchandise is of a kind described in any of paragraphs (1)

through (8) of section 3333(a) of this title;

(2) for exportation to a NAFTA country if the merchandise

consists of goods subject to NAFTA drawback, as defined in

section 3333(a) of this title, except that -

(A) the merchandise may not be withdrawn from warehouse

without assessment of a duty on the merchandise in its

condition and quantity, and at its weight, at the time of

withdrawal from the warehouse with such additions to or

deductions from the final appraised value as may be necessary

by reason of change in condition, and

(B) duty shall be paid on the merchandise before the 61st day

after the date of exportation, but upon the presentation,

before such 61st day, of satisfactory evidence of the amount of

any customs duties paid to the NAFTA country on the

merchandise, the customs duty may be waived or reduced (subject

to section 1508(b)(2)(B) of this title) in an amount that does

not exceed the lesser of -

(i) the total amount of customs duties paid or owed on the

merchandise on importation into the United States, or

(ii) the total amount of customs duties paid on the

merchandise to the NAFTA country;

(3) without payment of duties for exportation to any foreign

country other than to a NAFTA country or to Canada when exports

to that country are subject to paragraph (4);

(4) without payment of duties for exportation to Canada (if

that country ceases to be a NAFTA country and the suspension of

the operation of the United States-Canada Free-Trade Agreement

thereafter terminates), but the exemption from the payment of

duties under this paragraph applies only in the case of an

exportation during the period such Agreement is in operation of

merchandise that -

(A) is only cleaned, sorted, or repacked in a bonded

warehouse, or

(B) is a drawback eligible good under section 204(a) of the

United States-Canada Free-Trade Agreement Implementation Act of

1988; and

(5) without payment of duties for shipment to the Virgin

Islands, American Samoa, Wake Island, Midway Island, Kingman

Reef, Johnston Island or the island of Guam.

Merchandise may be withdrawn from bonded warehouse for consumption,

or for exportation to Canada if the duty exemption under paragraph

(4) of the preceding sentence does not apply, upon the payment of

duties accruing thereon, in its condition and quantity, and at its

weight, at the time of withdrawal from warehouse, with such

additions to or deductions from the final appraised value as may be

necessary by reason of change in condition. The basis for the

assessment of duties on such merchandise so withdrawn for

consumption shall be the adjusted final appraised value, and if the

rate of duty is based upon or regulated in any manner by the value

of the merchandise, such rate shall be based upon or regulated by

such adjusted final appraised value. The scouring or carbonizing

of wool shall not be considered a process of manufacture within the

provisions of this section. Under such regulations as the

Secretary of the Treasury shall prescribe, imported merchandise

which has been entered and which has remained in continuous customs

custody may be manipulated in accordance with the provisions of

this section under customs supervision and at the risk and expense

of the consignee, but elsewhere than in a bonded warehouse, in

cases where neither the protection of the revenue nor the proper

conduct of customs business requires that such manipulation be done

in bonded warehouse.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 562, 46 Stat. 745; June 25,

1938, ch. 679, Sec. 2, 25, 52 Stat. 1077, 1088; Aug. 8, 1953, ch.

397, Sec. 18(f), 67 Stat. 518; June 30, 1955, ch. 258, Sec.

2(a)(5), 69 Stat. 242; Pub. L. 91-271, title III, Sec. 301(b), June

2, 1970, 84 Stat. 287; Pub. L. 100-449, title II, Sec. 204(c)(4),

Sept. 28, 1988, 102 Stat. 1863; Pub. L. 103-182, title II, Sec.

203(b)(4), Dec. 8, 1993, 107 Stat. 2090.)

-REFTEXT-

REFERENCES IN TEXT

Section 204 of the United States-Canada Free-Trade Agreement

Implementation Act of 1988, referred to in par. (4)(B), is section

204 of Pub. L. 100-449, which is set out in a note under section

2112 of this title.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 562, 42 Stat. 978. That

section was superseded by section 562 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Prior provisions substantially the same, in effect, as those in

this section with respect to the quantity of merchandise which

might be withdrawn, were contained in R.S. Sec. 2980, prior to

repeal by act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42 Stat.

989.

AMENDMENTS

1993 - Pub. L. 103-182 substituted ''be withdrawn therefrom - ''

for ''be withdrawn therefrom without payment of duties - '' in

second sentence, substituted ''paragraph (4) of the preceding

sentence'' for ''paragraph (1) of the preceding sentence'' in third

sentence, added pars. (1) to (5), and struck out former pars. (1)

to (3) which read as follows:

''(1) for exportation to Canada, but on or after January 1, 1994,

or such later date as may be proclaimed by the President under

section 204(b)(2)(B) of the United States-Canada Free-Trade

Agreement Implementation Act of 1988, such exemption from the

payment of duties applies only in the case of the exportation to

Canada of merchandise that -

''(A) is only cleaned, sorted, or repacked in a bonded

warehouse, or

''(B) is a drawback eligible good under section 204(a) of such

Act of 1988;

''(2) for exportation to any foreign country except Canada; and

''(3) for shipment to the Virgin Islands, American Samoa, Wake

Island, Midway Island, Kingman Reef, Johnston Island or the island

of Guam.''

1988 - Pub. L. 100-449 substituted the except clause and

following sentence for proviso at end of second section which read

as follows: '': Provided, That upon permission therefor being

granted by the Secretary of the Treasury, and under customs

supervision, at the expense of the proprietor, merchandise may be

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

not manufactured, in bonded warehouses established for that purpose

and be withdrawn therefrom for exportation to a foreign country or

for shipment to the Virgin Islands, American Samoa, Wake Island,

Midway Islands, Kingman Reef, Johnston Island, or the island of

Guam, without payment of the duties, or for consumption, upon

payment of the duties accruing thereon, in its condition and

quantity, and at its weight, at the time of withdrawal from

warehouse, with such additions to or deductions from the final

appraised value as may be necessary by reason of change in

condition.''