US (United States) Code. Title 49. Subtitle X: Miscellaneous. Chapter 803: Contraband

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

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  • País: Estados Unidos Estados Unidos
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-CITE-

49 USC CHAPTER 803 - CONTRABAND 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE X - MISCELLANEOUS

CHAPTER 803 - CONTRABAND

-HEAD-

CHAPTER 803 - CONTRABAND

-MISC1-

Sec.

80301. Definitions.

80302. Prohibitions.

80303. Seizure and forfeiture.

80304. Administrative.

80305. Availability of certain appropriations.

80306. Relationship to other laws.

-End-

-CITE-

49 USC Sec. 80301 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE X - MISCELLANEOUS

CHAPTER 803 - CONTRABAND

-HEAD-

Sec. 80301. Definitions

-STATUTE-

In this chapter -

(1) "aircraft" means a contrivance used, or capable of being

used, for transportation in the air.

(2) "vehicle" means a contrivance used, or capable of being

used, for transportation on, below, or above land, but does not

include aircraft.

(3) "vessel" means a contrivance used, or capable of being

used, for transportation in water, but does not include aircraft.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1353.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

80301(1) 49 App.:787(c). Aug. 9, 1939, ch. 618, Sec.

7(a)-(c), 53 Stat. 1292.

80301(2) 49 App.:787(b).

80301(3) 49 App.:787(a).

--------------------------------------------------------------------

In this section, the word "means" is substituted for "includes"

as being more precise.

In clause (1), the word "contrivance" is substituted for "every

description of craft or carriage or other contrivance" to eliminate

unnecessary words.

In clause (2), the word "contrivance" is substituted for "every

description of carriage or other contrivance" to eliminate

unnecessary words.

In clause (3), the word "contrivance" is substituted for "every

description of watercraft or other contrivance" to eliminate

unnecessary words.

-End-

-CITE-

49 USC Sec. 80302 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE X - MISCELLANEOUS

CHAPTER 803 - CONTRABAND

-HEAD-

Sec. 80302. Prohibitions

-STATUTE-

(a) Definition. - In this section, "contraband" means -

(1) a narcotic drug (as defined in section 102 of the

Comprehensive Drug Abuse Prevention and Control Act of 1970 (21

U.S.C. 802)), including marihuana (as defined in section 102 of

that Act (21 U.S.C. 802)), that -

(A) is possessed with intent to sell or offer for sale in

violation of the laws and regulations of the United States;

(B) is acquired, possessed, sold, transferred, or offered for

sale in violation of those laws;

(C) is acquired by theft, robbery, or burglary and

transported -

(i) in the District of Columbia or a territory or

possession of the United States; or

(ii) from a place in a State, the District of Columbia, or

a territory or possession of the United States, to a place in

another State, the District of Columbia, or a territory or

possession; or

(D) does not bear tax-paid internal revenue stamps required

by those laws or regulations;

(2) a firearm involved in a violation of chapter 53 of the

Internal Revenue Code of 1986 (26 U.S.C. 5801 et seq.);

(3) a forged, altered, or counterfeit -

(A) coin or an obligation or other security of the United

States Government (as defined in section 8 of title 18); or

(B) coin, obligation, or other security of the government of

a foreign country;

(4) material or equipment used, or intended to be used, in

making a coin, obligation, or other security referred to in

clause (3) of this subsection;

(5) a cigarette involved in a violation of chapter 114 of title

18 or a regulation prescribed under chapter 114; or

(6)(A) a counterfeit label for a phonorecord, copy of a

computer program or computer program documentation or packaging,

or copy of a motion picture or other audiovisual work (as defined

in section 2318 of title 18);

(B) a phonorecord or copy in violation of section 2319 of title

18;

(C) a fixation of a sound recording or music video of a live

musical performance in violation of section 2319A of title 18; or

(D) any good bearing a counterfeit mark (as defined in section

2320 of title 18).

(b) Prohibitions. - A person may not -

(1) transport contraband in an aircraft, vehicle, or vessel;

(2) conceal or possess contraband on an aircraft, vehicle, or

vessel; or

(3) use an aircraft, vehicle, or vessel to facilitate the

transportation, concealment, receipt, possession, purchase, sale,

exchange, or giving away of contraband.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1353; Pub. L.

104-153, Sec. 13, July 2, 1996, 110 Stat. 1389.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

80302(a)(1) 49 App.:781(b)(1). Aug. 9, 1939, ch. 618, Sec.

1(b)(1), 53 Stat. 1291;

restated Aug. 9, 1950, ch.

655, 64 Stat. 427.

49 App.:787(d). Aug. 9, 1939, ch. 618, Sec.

7(d), 53 Stat. 1293;

restated Oct. 27, 1970, Pub.

L. 91-513, Sec. 1102(r), 84

Stat. 1294.

80302(a)(2) 49 App.:781(b)(2). Aug. 9, 1939, ch. 618, Sec.

1(b)(2), (3), 53 Stat. 1291;

Nov. 2, 1978, Pub. L.

95-575, Sec. 3(a)(1), (2),

92 Stat. 2465.

49 App.:787(e). Aug. 9, 1939, ch. 618, Sec.

7(e), 53 Stat. 1293; Nov. 2,

1978, Pub. L. 95-575, Sec.

3(b)(1), 92 Stat. 2465.

80302(a)(3) 49 App.:781(b)(3)

(words before 1st

semicolon).

49 App.:787(f). Aug. 9, 1939, ch. 618, Sec.

7(f), 53 Stat. 1293;

restated Oct. 31, 1951, ch.

655, Sec. 55(b), 65 Stat.

729; Nov. 2, 1978, Pub. L.

95-575, Sec. 3(b)(2), 92

Stat. 2465.

80302(a)(4) 49 App.:781(b)(3)

(words after 1st

semicolon).

80302(a)(5) 49 App.:781(b)(4). Aug. 9, 1939, ch. 618, 53

Stat. 1291, Secs. 1(b)(4),

7(g); added Nov. 2, 1978,

Pub. L. 95-575, Sec.

3(a)(3), (b)(3), 92 Stat.

2465.

49 App.:787(g).

80302(b) 49 App.:781(a). Aug. 9, 1939, ch. 618, Sec.

1(a), 53 Stat. 1291.

--------------------------------------------------------------------

In subsection (a)(1)(A) and (B), the words "dealing therewith"

are omitted as surplus.

In subsection (a)(1)(A), the words "has been or" are omitted as

surplus.

In subsection (a)(1)(C), before subclause (i), the word

"transported" is substituted for "carried or transported" to

eliminate unnecessary words. In subclause (ii), the words "the

Canal Zone" are omitted because of the Panama Canal Treaty of 1977.

The words "a place in" are added for consistency in the revised

title.

In subsection (a)(2), the words "involved in a violation" are

substituted for "with respect to which there has been committed any

violation" to eliminate unnecessary words. The text of 49

App.:787(e) is omitted as unnecessary because of the restatement.

The National Firearms Act referred to in the source provisions has

been repealed and replaced by chapter 53 of the Internal Revenue

Code of 1986 (26 U.S.C. 5801 et seq.).

In subsection (a)(3), before subclause (A), the words "falsely

made" are omitted as being included in "counterfeit". In subclause

(B), the words "coin, obligation, or other security" are added for

clarity.

In subsection (a)(4), the words "equipment used" are substituted

for "apparatus, or paraphernalia fitted . . . which shall have been

used" to eliminate unnecessary words. The words "coin, obligation,

or other security referred to in clause (3) of this subsection" are

substituted for "such falsely made, forged, altered, or counterfeit

coin or obligation or other security" because of the restatement.

In subsection (a)(5), the text of 49 App.:787(g) is omitted as

unnecessary because the term "cigarettes" does not appear in 49

App.: ch. 11 and because the definition of "contraband cigarettes"

referred to is part of 18:ch. 114.

In subsection (b), before clause (1), the words "A person may

not" are substituted for "It shall be unlawful" for consistency in

the revised title. In clause (1), the word "transport" is

substituted for "transport, carry, or convey" because it is

inclusive. In clause (2), the words "or upon the person of anyone

in or upon any vessel, vehicle, or aircraft" are omitted as

unnecessary. In clause (3), the word "transportation" is

substituted for "transportation, carriage, conveyance" for

consistency in this section. The word "barter" is omitted as being

included in "exchange".

AMENDMENTS

1996 - Subsec. (a)(6). Pub. L. 104-153 added par. (6).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 80303, 80304 of this

title; title 19 section 1595a.

-End-

-CITE-

49 USC Sec. 80303 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE X - MISCELLANEOUS

CHAPTER 803 - CONTRABAND

-HEAD-

Sec. 80303. Seizure and forfeiture

-STATUTE-

The Secretary of the Treasury or the Governor of Guam or of the

Northern Mariana Islands as provided in section 80304 of this

title, or, when the violation of this chapter involves contraband

described in paragraph (2) or (5) of section 80302(a), the Attorney

General or a person authorized by another law to enforce section

80302 of this title, shall seize an aircraft, vehicle, or vessel

involved in a violation of section 80302 and place it in the

custody of a person designated by the Secretary, the Attorney

General, or appropriate Governor, as the case may be. The seized

aircraft, vehicle, or vessel shall be forfeited, except when the

owner establishes that a person except the owner committed the

violation when the aircraft, vehicle, or vessel was in the

possession of a person who got possession by violating a criminal

law of the United States or a State. However, an aircraft, vehicle,

or vessel used by a common carrier to provide transportation for

compensation may be forfeited only when -

(1) the owner, conductor, driver, pilot, or other individual in

charge of the aircraft or vehicle (except a rail car or engine)

consents to, or knows of, the alleged violation when the

violation occurs;

(2) the owner of the rail car or engine consents to, or knows

of, the alleged violation when the violation occurs; or

(3) the master or owner of the vessel consents to, or knows of,

the alleged violation when the violation occurs.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1354; Pub. L.

107-296, title XI, Sec. 1112(q), Nov. 25, 2002, 116 Stat. 2278.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

80303 49 App.:782. Aug. 9, 1939, ch. 618, Sec.

2, 53 Stat. 1291; Nov. 18,

1988, Pub. L. 100-690, Sec.

6076(a), 102 Stat. 4324.

49 App.:783 (last Aug. 9, 1939, ch. 318, Sec.

sentence). 3 (last sentence), 53 Stat.

1292.

--------------------------------------------------------------------

In this section, before clause (1), the words "The Secretary of

the Treasury . . . shall seize" are substituted for "shall be

seized" in 49 App.:782 and "It shall be the duty of any officer,

agent, or other person so authorized or designated . . . whenever

he shall discover any vessel, vehicle, or aircraft" in 49 App.:783

(last sentence) to eliminate unnecessary words and for consistency

in the revised title. The words "the Governor of Guam or of the

Northern Mariana Islands as provided in section 80304 of this

title" are added because under 49 App.:789 the Governor of Guam

enforces 49 App.:ch. 11 in Guam and because, under section

502(a)(2) of the Covenant to Establish a Commonwealth of the

Northern Mariana Islands in Political Union with the United States

of America, as enacted by the Act of March 24, 1976 (Public Law

94-241, 90 Stat. 263), and proclaimed to be in effect by the

President on January 9, 1978 (Proc. No. 4534, Oct. 24, 1977, 42

F.R. 56593, 48 U.S.C. 1681 (note)), the Commonwealth was given the

same authority as Guam when a law applies to Guam and the States of

the United States generally. The words "or a person authorized by

another law to enforce section 80302 of this title" are substituted

for "or authorized by law" for clarity. The words "involved in a

violation of section 80302" are substituted for "which has been or

is being used in violation of any provision of section 781 of this

Appendix, or in, upon, or by means of which any violation of said

section has taken or is taking place" in 49 App.:782 and "which has

been or is being used in violation of any of the provisions of this

chapter, or in, upon, or by means of which any violation of this

chapter has taken or is taking place" in 49 App.:783 (last

sentence) to eliminate unnecessary words. The word "designated" is

substituted for "authorized or designated" in 49 App.:783 (last

sentence) to eliminate unnecessary words. The words "or appropriate

Governor, as the case may be" are added for clarity and for

consistency in this section. The words "to await disposition

pursuant to the provisions of this chapter and any regulations

issued hereunder" are omitted as unnecessary. The words "except

when . . . committed the violation" are substituted for "Provided

further, That no vessel, vehicle, or aircraft shall be forfeited

under the provisions of this chapter by reason of any act or

omission . . . committed or omitted" in 49 App.:782 for clarity.

The words "However . . . used by a common carrier to provide

transportation for compensation may be forfeited only when" are

substituted for "Provided, That no . . . used by any person as a

common carrier in the transaction of business as such common

carrier shall be forfeited under the provisions of this chapter

unless it shall appear that" for clarity and consistency in the

revised title. In clauses (1)-(3), the words "knows of" are

substituted for "privy thereto" for clarity. The word "violation"

is substituted for "illegal act" for consistency in the revised

title and with other titles of the United States Code.

-REFTEXT-

REFERENCES IN TEXT

The criminal laws of the United States, referred to in text, are

classified generally to Title 18, Crimes and Criminal Procedure.

-MISC2-

AMENDMENTS

2002 - Pub. L. 107-296, Sec. 1112(q)(2), inserted ", the Attorney

General," after "by the Secretary" in introductory provisions.

Pub. L. 107-296, Sec. 1112(q)(1), which directed amendment of

this section by inserting "or, when the violation of this chapter

involves contraband described in paragraph (2) or (5) of section

80302(a), the Attorney General" after "section 80304 of this

title.", was executed by making the insertion after "section 80304

of this title," to reflect the probable intent of Congress.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

-End-

-CITE-

49 USC Sec. 80304 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE X - MISCELLANEOUS

CHAPTER 803 - CONTRABAND

-HEAD-

Sec. 80304. Administrative

-STATUTE-

(a) General. - Except as provided in subsections (b), (c), and

(d) of this section, the Secretary of the Treasury -

(1) may designate officers, employees, agents, or other persons

to carry out this chapter; and

(2) shall prescribe regulations to carry out this chapter.

(b) In Guam. - The Governor of Guam -

(1) or officers of the government of Guam designated by the

Governor shall carry out this chapter in Guam;

(2) may carry out laws referred to in section 80306(b) of this

title with modifications the Governor decides are necessary to

meet conditions in Guam; and

(3) may prescribe regulations to carry out this chapter in

Guam.

(c) In Northern Mariana Islands. - The Governor of the Northern

Mariana Islands -

(1) or officers of the government of the Northern Mariana

Islands designated by the Governor shall carry out this chapter

in the Northern Mariana Islands;

(2) may carry out laws referred to in section 80306(b) of this

title with modifications the Governor decides are necessary to

meet conditions in the Northern Mariana Islands; and

(3) may prescribe regulations to carry out this chapter in the

Northern Mariana Islands.

(d) Attorney General. - The Attorney General, or officers,

employees, or agents of the Bureau of Alcohol, Tobacco, Firearms,

and Explosives, Department of Justice (!1) designated by the

Attorney General, shall carry out the laws referred to in section

80306(b) of this title to the extent that the violation of this

chapter involves contraband described in section 80302(a)(2) or

(a)(5).

(e) Customs Laws on Seizure and Forfeiture. - The Secretary, or

the Governor of Guam or of the Northern Mariana Islands as provided

in subsections (b) and (c) of this section, shall carry out the

customs laws on the seizure and forfeiture of aircraft, vehicles,

and vessels under this chapter.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1354; Pub. L.

107-296, title XI, Sec. 1112(r), Nov. 25, 2002, 116 Stat. 2278.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

80304(a) 49 App.:783 (1st Aug. 9, 1939, ch. 618, Secs.

sentence). 3 (1st sentence), 4

(proviso), 8, 53 Stat. 1292,

1293.

49 App.:788.

80304(b) 49 App.:789. Aug. 3, 1939, ch. 618, 53

Stat. 1291, Sec. 9; added

Aug. 1, 1956, ch. 852, Sec.

22, 70 Stat. 911.

80304(c) (no source).

80304(d) 49 App.:784

(proviso).

--------------------------------------------------------------------

In subsection (a)(1), the words "may designate" are substituted

for "is empowered to authorize, or designate" in 49 App.:783 (1st

sentence) to eliminate unnecessary words. The word "employees" is

added for clarity and consistency in the revised title and with

other titles of the United States Code.

In subsections (a)(2) and (b)(3), the word "regulations" is

substituted for "such rules and regulations as may be necessary" in

49 App.:788 and 789 for consistency in the revised title and with

other titles of the Code and because "rules" and "regulations" are

synonymous.

In subsection (b)(1), the words "shall carry out this chapter in

Guam" are substituted for "In Guam the enforcement and

administration of this chapter shall be performed" for consistency

in the revised title.

Subsection (c) is added because, under section 502(a)(2) of the

Covenant to Establish a Commonwealth of the Northern Mariana

Islands in Political Union with the United States of America, as

enacted by the Act of March 24, 1976 (Public Law 94-241, 90 Stat.

263), and proclaimed to be in effect by the President on January 9,

1978 (Proc. No. 4534, Oct. 24, 1977, 42 F.R. 56593, 48 U.S.C. 1681

(note)), the Commonwealth was given the same authority as Guam when

a law applies to Guam and the States of the United States

generally.

In subsection (d), the word "Secretary" is substituted for "by

such officers, agents, or other persons as may be authorized or

designated for that purpose by the Secretary of the Treasury"

because of subsection (a)(1) of this section. The words "or the

Governor of Guam or of the Northern Mariana Islands as provided in

subsections (b) and (c) of this section" are added because under 49

App.:789 the Governor of Guam enforces 49 App.:ch. 11 in Guam and

because of section 502(a)(2) of the Covenant referred to in the

revision note for subsection (c) of this section. The words "the

customs laws" are substituted for "That such duties as are imposed

upon the collector of customs or any other person with respect to

the seizure and forfeiture of vessels and vehicles under the

customs laws" because of the restatement and to eliminate

unnecessary words.

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in subsec. (e), are classified

generally to Title 19, Customs Duties.

-MISC2-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-296, Sec. 1112(r)(1), substituted

"(b), (c), and (d)" for "(b) and (c)" in introductory provisions.

Subsecs. (d), (e). Pub. L. 107-296, Sec. 1112(r)(2), (3), added

subsec. (d) and redesignated former subsec. (d) as (e).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 80303 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a comma.

-End-

-CITE-

49 USC Sec. 80305 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE X - MISCELLANEOUS

CHAPTER 803 - CONTRABAND

-HEAD-

Sec. 80305. Availability of certain appropriations

-STATUTE-

Appropriations for enforcing customs, narcotics, counterfeiting,

or internal revenue laws are available to carry out this chapter.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1355.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

80305 49 App.:785. Aug. 9, 1939, ch. 618, Sec.

5, 53 Stat. 1292.

--------------------------------------------------------------------

The words "which has been or shall hereafter be made" and "for

the defraying of expenses of" are omitted as surplus. The National

Firearms Act referred to in the source provision has been repealed

and replaced by chapter 53 of the Internal Revenue Code of 1986 (26

U.S.C. 5801 et seq.). A specific reference to chapter 53 is

unnecessary because of the reference to the internal revenue laws.

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in text, are classified generally

to Title 19, Customs Duties.

The internal revenue laws, referred to in text, are classified

generally to Title 26, Internal Revenue Code.

-End-

-CITE-

49 USC Sec. 80306 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE X - MISCELLANEOUS

CHAPTER 803 - CONTRABAND

-HEAD-

Sec. 80306. Relationship to other laws

-STATUTE-

(a) Chapter as Additional Law. - This chapter is in addition to

another law -

(1) imposing, or authorizing the compromise of, fines,

penalties, or forfeitures; or

(2) providing for seizure, condemnation, or disposition of

forfeited property, or the proceeds from the property.

(b) Laws Applicable to Seizures and Forfeitures. - To the extent

applicable and consistent with this chapter, the following apply to

a seizure or forfeiture under this chapter:

(1) provisions of law related to the seizure, forfeiture, and

condemnation of vehicles and vessels violating the customs laws.

(2) provisions of law related to the disposition of those

vehicles or vessels or the proceeds from the sale of those

vehicles or vessels.

(3) provisions of law related to the compromise of those

forfeitures or claims related to those forfeitures.

(4) provisions of law related to the award of compensation to

an informer about those forfeitures.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1355.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

80306(a) 49 App.:786. Aug. 9, 1939, ch. 618, Secs.

4 (less proviso), 6, 53

Stat. 1292.

80306(b) 49 App.:784 (less

proviso).

--------------------------------------------------------------------

In subsections (a)(1) and (b)(3), the word "compromise" is

substituted for "remission or mitigation" for consistency in the

revised title.

In subsection (a), before clause (1), the words "in addition to

another law" are substituted for "shall be construed to be

supplemental to, and not to impair in any way, existing provisions

of law" to eliminate unnecessary words.

In subsection (b), before clause (1), the words "under this

chapter" are substituted for "incurred, or alleged to have been

incurred, under the provisions of this chapter" to eliminate

unnecessary words. In clause (1), the word "forfeiture" is

substituted for "summary and judicial forfeiture" to eliminate

unnecessary words.

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in subsec. (b)(1), are classified

generally to Title 19, Customs Duties.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 80304 of this title.

-End-