Legislación
US (United States) Code. Title 19. Chapter 3: The Tariff and related provisions
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19 USC CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS 01/06/03
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TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
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CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
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SUBTITLE I - DUTIABLE LIST
Sec.
121. Repealed.
SUBTITLE II - FREE LIST
122. Repealed.
SUBTITLE III - SPECIAL PROVISIONS
CUBA AND CANAL ZONE
123 to 125. Repealed, Transferred, or Omitted.
126. Imports from Canal Zone.
COUNTERVAILING AND DISCRIMINATING DUTY
127. Repealed.
128. Discriminating duty on goods imported in foreign vessels or
from foreign countries; exception.
129. Discriminating duties.
COUNTRY OF ORIGIN
130. Importation only in vessels of United States or of country of
origin.
131. Vessels, goods, etc., of nations not maintaining similar
regulations; vessels of citizens of the United States.
132, 133. Repealed.
MEDICINAL PREPARATIONS
134. Repealed.
IMPORTATIONS PROHIBITED
135 to 143. Repealed.
SPECIAL PROVISIONS FOR ADMISSION OR WITHDRAWAL FROM BONDED
WAREHOUSE WITHOUT PAYMENT OF DUTY
144. Repealed.
144a. Entry under bond of exhibits of arts, sciences, and
industries, and products of soil, mine, and sea.
145 to 147. Repealed.
BONDED WAREHOUSES
148 to 150. Repealed.
151. Bonded warehouses for storage and cleansing of imported
garbanzo; withdrawals.
DRAWBACKS
152 to 152b. Repealed.
REIMPORTING EXPORTED ARTICLES
153. Repealed.
EQUALIZING PRODUCTION COSTS
154 to 159. Repealed.
ANTIDUMPING
160 to 171. Repealed.
ADDITIONAL DEFINITIONS
172. Omitted.
RULES AND REGULATIONS
173. Omitted.
UNFAIR METHODS OF COMPETITION AND IMPORTATION UNLAWFUL
174 to 180. Repealed.
IMPORTS FROM COUNTRIES MAKING DISCRIMINATIONS
181. Exclusion of imports from countries making discriminations.
182 to 190. Repealed.
SPECIAL PROVISIONS
191 to 196a. Repealed.
PAYMENT OF DUTY
197. Duties, how payable.
198. Certified checks; receivable for all public dues; lien for
payment of.
199. Judgments, how payable.
SUBTITLE IV - CUSTOMS ADMINISTRATION
ADMINISTRATIVE PROVISIONS
PART 1 - DEFINITIONS
231. Repealed.
232. ''Port'' defined.
233. Departure from prescribed forms.
234 to 239. Repealed.
240. Value at date of shipment.
PART 2 - REPORT, ENTRY, AND UNLADING OF VESSELS AND VEHICLES
241 to 266. Repealed or Omitted.
267. Overtime and premium pay for customs officers.
(a) Overtime pay.
(b) Premium pay for customs officers.
(c) Limitations.
(d) Regulations.
(e) Definitions.
267a. Foreign language proficiency awards.
268 to 282. Repealed.
283. Duty on saloon stores.
284 to 287. Repealed.
288. Documented vessels.
289 to 292. Repealed.
293. Documented vessels touching at foreign ports.
294. No duty by reason of documented vessel touching at foreign
port.
PART 3 - ASCERTAINMENT, COLLECTION, AND RECOVERY OF DUTIES
331 to 337. Repealed.
338. Indorsement upon invoice; port of entry.
339. Restriction on consular certificates.
340. Consuls to exact proof of invoice.
341. Fraudulent practices; consul's report.
342 to 390. Repealed.
391. Ascertainment of duties on grain.
392 to 420. Repealed or Omitted.
PART 4 - TRANSPORTATION IN BOND AND WAREHOUSING OF MERCHANDISE
451 to 459. Repealed.
460. Retention of distilled spirits, wines, etc., in warehouse
during prohibitory period.
461 to 466. Repealed.
467. Imported distilled spirits, wines, or malt liquors;
regulations for marks, brands, and stamps or devices on bulk
containers; forfeitures.
468. Stamps and brands effaced on emptying packages of imported
liquors.
469. Dealing in or using empty stamped imported liquor containers.
471 to 475. Repealed.
PART 5 - ENFORCEMENT PROVISIONS
481. Repealed.
482. Search of vehicles and persons.
483 to 506. Repealed.
507. Officers to make character known; assistance for officers.
508. Persons making seizures pleading general issue and proving
special matter.
509 to 526. Repealed.
527. Sums received from fines and other receipts covered into
Treasury.
528. Appropriate customs officer to receive amount recovered.
529 to 534. Repealed or Omitted.
535. Compulsory production of books, invoices, or papers.
536. Repealed.
537. Officers, informers, and defendants as witnesses.
538, 539. Repealed.
540. President may use suitable vessels for enforcing customs laws.
541, 542. Repealed.
PART 6 - GENERAL PROVISIONS
571 to 573. Repealed.
574. Exemption from taking other oaths.
575 to 579. Repealed.
580. Interest in suits on bonds for recovery of duties.
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19 USC SUBTITLE I - DUTIABLE LIST 01/06/03
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TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE I - DUTIABLE LIST
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SUBTITLE I - DUTIABLE LIST
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19 USC Sec. 121 01/06/03
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TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE I - DUTIABLE LIST
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Sec. 121. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
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Section, act Sept. 21, 1922, ch. 356, title I, Sec. 1, 42 Stat.
858, related to articles dutiable, rates and schedules.
Corresponding provisions of Tariff Act of 1930, see section 1202 of
this title.
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19 USC SUBTITLE II - FREE LIST 01/06/03
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TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE II - FREE LIST
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SUBTITLE II - FREE LIST
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19 USC Sec. 122 01/06/03
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TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE II - FREE LIST
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Sec. 122. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
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Section, act Sept. 21, 1922, ch. 356, title II, Sec. 201, 42
Stat. 922, related to the free list. Corresponding provisions of
Tariff Act of 1930, see section 1202 of this title.
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19 USC SUBTITLE III - SPECIAL PROVISIONS 01/06/03
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TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
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SUBTITLE III - SPECIAL PROVISIONS
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19 USC Cuba and Canal Zone 01/06/03
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TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Cuba and Canal Zone
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Cuba and Canal Zone
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19 USC Sec. 123 01/06/03
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TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Cuba and Canal Zone
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Sec. 123. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
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Section, act Sept. 21, 1922, ch. 356, title III, Sec. 301, 42
Stat. 934, related to duties upon articles coming from or imported
into Philippine Islands. Corresponding provisions of Tariff Act of
1930 were covered by section 1301 of this title (repealed). See
section 1202 of this title, chapter 15 of Title 22, Foreign
Relations and Intercourse, sections 5001, 5007 of Title 26,
Internal Revenue Code, and section 734 of Title 48, Territories and
Insular Possessions.
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19 USC Sec. 123a 01/06/03
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TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Cuba and Canal Zone
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Sec. 123a. Transferred
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CODIFICATION
Provisions of this section, act Mar. 8, 1902, ch. 140, Sec. 4, 32
Stat. 54, were transferred to section 3343(b) of Title 26, Internal
Revenue Code of 1939, and were repealed by act Apr. 30, 1946, ch.
244, title V, Sec. 506(b), 60 Stat. 157, eff. July 4, 1946.
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19 USC Sec. 124, 125 01/06/03
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TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Cuba and Canal Zone
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Sec. 124, 125. Omitted
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CODIFICATION
Sections 124 and 125, sections 1 and 2 of act Dec. 17, 1903, ch.
1, 33 Stat. 3, relating to the admission of goods from Cuba at a
reduced rate, and with no additional charges, so long as the
Convention between the United States and Cuba, signed on the 11th
day of December, 1902, shall remain in force, were omitted in view
of the termination of such convention on August 21, 1963, pursuant
to notice given by the United States on Aug. 21, 1962 (see Bevans,
Treaties and Other International Agreements of the United States of
America, 1776-1949, vol. VI, page 1106), and in view of section
401 of Pub. L. 87-456, title IV, May 24, 1962, 76 Stat. 78, set out
as a note under section 1351 of this title, which designated Cuba
as a nation dominated or controlled by the foreign government or
foreign organization controlling the world communist movement.
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19 USC Sec. 126 01/06/03
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TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Cuba and Canal Zone
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Sec. 126. Imports from Canal Zone
-STATUTE-
All laws affecting imports of articles, goods, wares, and
merchandise and entry of persons into the United States from
foreign countries shall apply to articles, goods, wares, and
merchandise and persons coming from the Canal Zone, Isthmus of
Panama, and seeking entry into any State or Territory of the United
States or the District of Columbia.
-SOURCE-
(Mar. 2, 1905, ch. 1311, 33 Stat. 843.)
-REFTEXT-
REFERENCES IN TEXT
For definition of Canal Zone, referred to in text, see section
3602(b) of Title 22, Foreign Relations and Intercourse.
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19 USC Countervailing and Discriminating Duty 01/06/03
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TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Countervailing and Discriminating Duty
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Countervailing and Discriminating Duty
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19 USC Sec. 127 01/06/03
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TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Countervailing and Discriminating Duty
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Sec. 127. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Section, act Sept. 21, 1922, ch. 356, title III, Sec. 303, 42
Stat. 935, related to countervailing duty upon articles on which
export bounty had been paid. Corresponding provisions of Tariff
Act of 1930, see section 1303 of this title.
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19 USC Sec. 128 01/06/03
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TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Countervailing and Discriminating Duty
-HEAD-
Sec. 128. Discriminating duty on goods imported in foreign vessels
or from foreign countries; exception
-STATUTE-
A discriminating duty of 10 per centum ad valorem, in addition to
the duties imposed by law, shall be levied, collected, and paid on
all goods, wares, or merchandise which shall be imported in vessels
not of the United States, or which being the production or
manufacture of any foreign country not contiguous to the United
States, shall come into the United States from such contiguous
country; but this discriminating duty shall not apply to goods,
wares, or merchandise which shall be imported in vessels not of the
United States entitled at the time of such importation by treaty or
convention or Act of Congress to be entered in the ports of the
United States on payment of the same duties as shall then be
payable on goods, wares, and merchandise imported in vessels of the
United States, nor to goods, wares, and merchandise imported in a
vessel owned by citizens of the United States but not a vessel of
the United States if such vessel after entering an American port
shall, before leaving the same, be documented under chapter 121 of
title 46, nor to such foreign products or manufactures as shall be
imported from such contiguous countries in the usual course of
strictly retail trade.
-SOURCE-
(Oct. 3, 1913, ch. 16, Sec. IV, J, subsec. 1, 38 Stat. 195; Mar. 4,
1915, ch. 171, Sec. 1, 38 Stat. 1193; June 17, 1930, ch. 497, title
IV, Sec. 651(d), 46 Stat. 763; Pub. L. 103-182, title VI, Sec.
689(a)(1), Dec. 8, 1993, 107 Stat. 2222.)
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CODIFICATION
Section is a composite of acts Oct. 3, 1913, ch. 16, and Mar. 4,
1915, ch. 171, as amended. The words ''nor to goods, wares, and
merchandise imported in a vessel owned by citizens of the United
States but not a vessel of the United States if such vessel after
entering an American port shall, before leaving the same, be
documented under chapter 121 of title 46,'' are based on the
nonspecific amendment of act Oct. 3, 1913, by act Mar. 4, 1915, as
amended.
Section is also classified in part to section 146 of the Appendix
to Title 46, Shipping.
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AMENDMENTS
1993 - Pub. L. 103-182, which directed the amendment of act Oct.
3, 1913, by substituting ''documented under chapter 121 of title
46,'' for ''registered as a vessel of the United States,'', was
executed by making the substitution in that part of this section
comprised of provisions of act Mar. 4, 1915. See Codification note
above.
AMENDMENT OR REPEAL; EXCEPTION
Section is expressly excepted from amendment or repeal by the
Tariff Act of 1930 (act June 17, 1930, ch. 497, title IV, 46 Stat.
763) by section 651(d) of that act which is classified to section
1651(d) of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 130, 1651 of this title.
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19 USC Sec. 129 01/06/03
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TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Countervailing and Discriminating Duty
-HEAD-
Sec. 129. Discriminating duties
-STATUTE-
No part of the additional or discriminating duty imposed by law
on merchandise on account of its importation in foreign vessels
shall be allowed to be drawback, but the whole shall be retained.
-SOURCE-
(R.S. Sec. 3027.)
-COD-
CODIFICATION
R.S. Sec. 3027 derived from acts May 13, 1800, ch. 64, Sec. 2, 2
Stat. 83; Aug. 30, 1842, ch. 270, Sec. 15, 5 Stat. 563.
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19 USC Country of Origin 01/06/03
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TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Country of Origin
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Country of Origin
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19 USC Sec. 130 01/06/03
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TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Country of Origin
-HEAD-
Sec. 130. Importation only in vessels of United States or of
country of origin
-STATUTE-
No goods, wares, or merchandise, unless in cases provided for by
treaty, shall be imported into the United States from any foreign
port or place, except in vessels of the United States, or in such
foreign vessels as truly and wholly belong to the citizens or
subjects of that country of which the goods are the growth,
production, or manufacture, or from which such goods, wares, or
merchandise can only be, or most usually are, first shipped for
transportation. All goods, wares, or merchandise imported contrary
to this section or section 128 of this title, and the vessel
wherein the same shall be imported, together with her cargo,
tackle, apparel, and furniture, shall be forfeited to the United
States; and such goods, wares, or merchandise, ship, or vessel, and
cargo shall be liable to be seized, prosecuted, and condemned in
like manner, and under the same regulations, restrictions, and
provisions as have been heretofore established for the recovery,
collection, distribution, and remission of forfeitures to the
United States by the several revenue laws.
-SOURCE-
(Oct. 3, 1913, ch. 16, Sec. IV, J, subsec. 2, 38 Stat. 196; June
17, 1930, ch. 497, title IV, Sec. 651(d), 46 Stat. 763.)
-MISC1-
AMENDMENT OR REPEAL; EXCEPTION
Section is expressly excepted from repeal or amendment by the
Tariff Act of 1930 (act June 17, 1930, ch. 497, title IV, 46 Stat.
763) by section 651(d) of that act which is classified to section
1651(d) of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 131, 1651 of this title.
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19 USC Sec. 131 01/06/03
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TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Country of Origin
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Sec. 131. Vessels, goods, etc., of nations not maintaining similar
regulations; vessels of citizens of the United States
-STATUTE-
Section 130 of this title shall not apply to vessels or goods,
wares, or merchandise imported in vessels of a foreign nation which
does not maintain a similar regulation against United States
documented vessels nor to any vessel owned by citizens of the
United States but not a vessel of the United States if such vessel
after entering an American port shall, before leaving the same, be
documented under chapter 121 of title 46.
-SOURCE-
(Oct. 3, 1913, ch. 16, Sec. IV, J, subsec. 3, 38 Stat. 196; Mar. 4,
1915, ch. 171, Sec. 1, 38 Stat. 1193; June 17, 1930, ch. 497, title
IV, Sec. 651(d), 46 Stat. 763; Pub. L. 103-182, title VI, Sec.
689(a)(2), Dec. 8, 1993, 107 Stat. 2222.)
-COD-
CODIFICATION
Section is a composite of acts Oct. 3, 1913, ch. 16, and Mar. 4,
1915, ch. 171, as amended. The words ''nor to any vessel owned by
citizens of the United States but not a vessel of the United States
if such vessel after entering an American port shall, before
leaving the same, be documented under chapter 121 of title 46'' are
based on the nonspecific amendment of act Oct. 3, 1913, by act Mar.
4, 1915, as amended.
-MISC3-
AMENDMENTS
1993 - Pub. L. 103-182, Sec. 689(a)(2)(B), which directed the
amendment of act Oct. 3, 1913, by substituting ''documented under
chapter 121 of title 46'' for ''registered as a vessel of the
United States'', was executed by making the substitution in that
part of this section comprised of provisions of act Mar. 4, 1915.
See Codification note above.
Pub. L. 103-182, Sec. 689(a)(2)(A), substituted ''United States
documented vessels'' for ''vessels of the United States''.
AMENDMENT OR REPEAL; EXCEPTION
Section is expressly excepted from amendment or repeal by the
Tariff Act of 1930 (act June 17, 1930, ch. 497, title IV, 46 Stat.
763) by section 651(d) of that act which is classified to section
1651(d) of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1651 of this title.
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19 USC Sec. 132, 133 01/06/03
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TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Country of Origin
-HEAD-
Sec. 132, 133. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762
-MISC1-
Sections, act Sept. 21, 1922, ch. 356, title III, Sec. 304(a),
(b), 42 Stat. 936, related to marking imported articles and
packages to indicate country of origin and penalty for violation of
same.
Corresponding provisions of Tariff Act of 1930, see section 1304
of this title.
EFFECTIVE DATE OF REPEAL
Repeal effective sixty days after enactment of repealing act.
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19 USC Medicinal Preparations 01/06/03
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TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Medicinal Preparations
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Medicinal Preparations
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19 USC Sec. 134 01/06/03
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TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Medicinal Preparations
-HEAD-
Sec. 134. Repealed. Aug. 8, 1953, ch. 397, Sec. 4(b), 67 Stat. 509
-MISC1-
Section, R.S. Sec. 2934, required that imported medicinal
preparations be marked with the name of the true manufacturer and
the place where they were prepared, and provided for forfeiture in
the absence of such names. Present provisions relating to the
regulation and control of drugs are contained in section 351 et
seq., of Title 21, Food and Drugs.
EFFECTIVE DATE OF REPEAL; SAVINGS PROVISION
Repeal effective on and after thirtieth day following Aug. 8,
1953, and savings provision, see notes set out under section 258 of
this title.
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19 USC Importations Prohibited 01/06/03
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TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Importations Prohibited
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Importations Prohibited
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19 USC Sec. 135 to 143 01/06/03
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TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Importations Prohibited
-HEAD-
Sec. 135 to 143. Repealed. June 17, 1939, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Sections, act Sept. 21, 1922, ch. 356, title III, Sec. 305(a),
(c), 306(a)-(c), 307, title IV, Sec. 526(a)-(c), 42 Stat. 936, 937,
975, related to prohibitions on importation of obscene books, neat
cattle, convict goods, merchandise bearing trade marks owned by
citizens and enforcement provisions.
Provisions of Tariff Act of 1930 corresponding to section 135,
see section 1305 of this title; section 136, see section 1305;
section 137, see section 1306; section 138, none; section 139,
none; section 140, see section 1307; section 141, see section
1526(a); section 142, see section 1526(b); section 143, see section
1526(c).
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19 USC Special Provisions for Admission or Withdrawal
From Bonded Warehouse Without Payment of
Duty 01/06/03
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TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Special Provisions for Admission or Withdrawal From Bonded
Warehouse Without Payment of Duty
.
-HEAD-
Special Provisions for Admission or Withdrawal From Bonded
Warehouse Without Payment of Duty
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19 USC Sec. 144 01/06/03
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TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Special Provisions for Admission or Withdrawal From Bonded
Warehouse Without Payment of Duty
-HEAD-
Sec. 144. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Section, act Sept. 21, 1922, ch. 356, title III, Sec. 308, 42
Stat. 938, related to admission without payment of duty under bond
for exportation.
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19 USC Sec. 144a 01/06/03
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TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Special Provisions for Admission or Withdrawal From Bonded
Warehouse Without Payment of Duty
-HEAD-
Sec. 144a. Entry under bond of exhibits of arts, sciences, and
industries, and products of soil, mine, and sea
-STATUTE-
All articles which shall be imported from foreign countries for
the sole purpose of exhibition or display at a permanent exhibition
or exhibitions and/or at a temporary exhibition or exhibitions of
the arts, sciences, and industries, and products of the soil, mine,
and sea, to be held at any time and from time to time by
Rockefeller Center (Incorporated), a corporation organized under
the laws of the State of New York, and/or by its tenants or
licensees in a building or buildings to be owned by Rockefeller
Center (Incorporated), and to be a part of and to be known as
Rockefeller Center and to be located between Fifth and Sixth
Avenues and Forty-eighth and Fifty-first Streets, in the Borough of
Manhattan, city and State of New York, upon which articles there
shall be a tariff or customs duty, shall be admitted free of such
tariff, customs duty, fees, or charges under such regulations as
the Secretary of the Treasury shall prescribe; but it shall be
lawful, at any time during or at the close of any exhibition held
pursuant to this section, to sell for delivery at the close thereof
any goods or property imported for and actually displayed at such
exhibition, subject to such regulations for the security of the
revenue and for the collection of import duties as the Secretary of
the Treasury shall prescribe: Provided, That all such articles,
when sold or withdrawn for consumption or use in the United States,
shall be subject to the duty, if any, imposed upon such articles by
the revenue laws in force at the date of their withdrawal and to
the requirements of the tariff laws in effect at such date: And
provided further, That Rockefeller Center (Incorporated) shall be
deemed, for customs purposes only, to be the sole consignee of all
merchandise imported under the provisions of this section, and that
all necessary governmental expenses incurred as a result of
exhibitions authorized under this section, including salaries of
customs officials in charge of imported articles, shall be paid to
the Treasury of the United States by Rockefeller Center
(Incorporated) under regulations to be prescribed by the Secretary
of the Treasury: And provided further, That all such articles
shall, at the expiration of two years, be subject to the impost
duty then in force, unless the same shall have been sold or
exported from this country prior to that period of time: And
provided further, That nothing in this section contained shall be
construed as an invitation, express or implied, from the Government
of the United States to any foreign government, state,
municipality, corporation, partnership, or individual to import any
articles for the purpose of exhibition at the said exhibitions.
-SOURCE-
(July 19, 1932, ch. 511, 47 Stat. 705.)
-MISC1-
IMMUNITY FROM SEIZURE UNDER JUDICIAL PROCESS OF CULTURAL OBJECTS
IMPORTED FOR TEMPORARY EXHIBITION OR DISPLAY
Presidential determination of cultural significance of objects
and exhibition or display thereof in the national interest, see
section 2459 of Title 22, Foreign Relations and Intercourse.
-CITE-
19 USC Sec. 145 to 147 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Special Provisions for Admission or Withdrawal From Bonded
Warehouse Without Payment of Duty
-HEAD-
Sec. 145 to 147. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Section 145, acts June 26, 1884, ch. 121, Sec. 16, 23 Stat. 57;
June 19, 1886, ch. 421, Sec. 15, 24 Stat. 82; July 24, 1897, ch.
11, Sec. 14, 30 Stat. 207, related to supplies for vessels in
foreign trade or trade between Atlantic and Pacific. See section
1309 of this title.
Section 146, act Sept. 21, 1922, ch. 356, title III, Sec. 309, 42
Stat. 938, related to supplies to war vessels free of duty. See
section 1309 of this title.
Section 147, act Sept. 21, 1922, ch. 356, title III, Sec. 310, 42
Stat. 938, related to admission free of duty of merchandise of
sunken and abandoned vessels. See section 1310 of this title.
-CITE-
19 USC Bonded Warehouses 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Bonded Warehouses
.
-HEAD-
Bonded Warehouses
-CITE-
19 USC Sec. 148 to 150 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Bonded Warehouses
-HEAD-
Sec. 148 to 150. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Sections, act Sept. 21, 1922, ch. 356, title III, Sec. 311, 312,
42 Stat. 938-940, related to bonded manufacturing and smelting
warehouses and enforcement provisions. Provisions of Tariff Act of
1930 corresponding to section 148, see section 1311 of this title;
section 149, see section 1312; section 150, see section 1312.
-CITE-
19 USC Sec. 151 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Bonded Warehouses
-HEAD-
Sec. 151. Bonded warehouses for storage and cleansing of imported
garbanzo; withdrawals
-STATUTE-
Under such regulations and conditions as may be prescribed by the
Secretary of the Treasury, bonded warehouses may be established in
which imported Mexican peas, commonly called garbanzo may be
stored, cleaned, repacked or otherwise changed in condition, but
not manufactured, and withdrawn for exportation without the payment
of duty thereon. The whole or any part of such imported garbanzo,
and the waste material and by-products incident to cleaning or
otherwise treating said imported garbanzo, may be withdrawn for
domestic consumption upon the payment on the quantity so withdrawn
of the duty imposed by law on such garbanzo in their condition as
imported. The compensation of customs officers and storekeepers
for all services in the supervision of such warehouses shall be
paid from moneys advanced by the warehouse proprietor to the
appropriate customs officer and be carried in a special account and
disbursed for such purposes, and all expenses incurred shall be
paid by the warehouse proprietor.
-SOURCE-
(June 28, 1916, ch. 180, 39 Stat. 239; Pub. L. 91-271, title III,
Sec. 310, June 2, 1970, 84 Stat. 292.)
-MISC1-
AMENDMENTS
1970 - Pub. L. 91-271 substituted reference to the appropriate
customs officer for reference to the collector of customs.
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-271 effective with respect to articles
entered, or withdrawn from warehouse for consumption, on or after
Oct. 1, 1970, and such other articles entered or withdrawn from
warehouse for consumption prior to such date, or with respect to
which a protest has not been disallowed in whole or in part before
Oct. 1, 1970, see section 203 of Pub. L. 91-271, set out as a note
under section 1500 of this title.
-CITE-
19 USC Drawbacks 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Drawbacks
.
-HEAD-
Drawbacks
-CITE-
19 USC Sec. 152 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Drawbacks
-HEAD-
Sec. 152. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Section, act Sept. 21, 1922, ch. 356, title III, Sec. 313, 42
Stat. 940, related to drawbacks on certain articles made from
imported materials. For corresponding provisions of Tariff Act of
1930, see section 1313 of this title.
-CITE-
19 USC Sec. 152a, 152b 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Drawbacks
-HEAD-
Sec. 152a, 152b. Repealed. Oct. 31, 1951, ch. 655, Sec. 56(d), 65
Stat. 729
-MISC1-
Sections, act Mar. 8, 1902, ch. 140, Sec. 6, 7, 32 Stat. 55,
related to drawbacks in connection with articles shipped to, or
reexported to, the Philippines. Prior to this repeal, they had been
omitted in view of the independence of the Philippines.
SAVINGS PROVISION
Subsec. (l) of section 56 of act Oct. 31, 1951, provided that the
repeal of these sections shall not affect any rights or liabilities
existing hereunder on the effective date of such repeal (Oct. 31,
1951).
-CITE-
19 USC Reimporting Exported Articles 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Reimporting Exported Articles
.
-HEAD-
Reimporting Exported Articles
-CITE-
19 USC Sec. 153 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Reimporting Exported Articles
-HEAD-
Sec. 153. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Section, act Sept. 21, 1922, ch. 356, title III, Sec. 314, 42
Stat. 941, related to duty on articles reimported after exportation
free of internal-revenue taxes.
-CITE-
19 USC Equalizing Production Costs 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Equalizing Production Costs
.
-HEAD-
Equalizing Production Costs
-CITE-
19 USC Sec. 154 to 159 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Equalizing Production Costs
-HEAD-
Sec. 154 to 159. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Sections, act Sept. 21, 1922, ch. 356, title III, Sec.
315(a)-(f), 42 Stat. 941-943, related to procedure where duties do
not equalize differences in costs of production in United States
and principal competing country and rules and regulations for entry
and declaration of articles.
Provisions of Tariff Act of 1930 corresponding to section 154,
see section 1336(a) of this title; section 155, see section
1336(b); section 156, see section 1336(e); section 157, none;
section 158, see section 1336(i); section 159, see section 1336(j).
-CITE-
19 USC Antidumping 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Antidumping
.
-HEAD-
Antidumping
-CITE-
19 USC Sec. 160 to 171 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Antidumping
-HEAD-
Sec. 160 to 171. Repealed. Pub. L. 96-39, title I, Sec. 106(a),
July 26, 1979, 93 Stat. 193
-MISC1-
Section 160, acts May 27, 1921, ch. 14, Sec. 201, 42 Stat. 11;
Sept. 1, 1954, ch. 1213, title III, Sec. 301, 68 Stat. 1138; Aug.
14, 1958, Pub. L. 85-630, Sec. 1, 4(b), 72 Stat. 583, 585; Jan. 3,
1975, Pub. L. 93-618, title III, Sec. 321(a), 88 Stat. 2043,
related to initiation of a dumping investigation. See section 1673
et seq. of this title.
Section 161, acts May 27, 1921, ch. 14, Sec. 202, 42 Stat. 11;
Sept. 1, 1954, ch. 1213, title III, Sec. 302, 68 Stat. 1139; Aug.
14, 1958, Pub. L. 85-630, Sec. 2, 4(b), 72 Stat. 583, 585; June 2,
1970, Pub. L. 91-271, title III, Sec. 311, 84 Stat. 292, related to
collection of a special dumping duty. See section 1673 et seq. of
this title.
Section 162, acts May 27, 1921, ch. 14, Sec. 203, 42 Stat. 12;
Jan. 3, 1975, Pub. L. 93-618, title III, Sec. 321(b), 88 Stat.
2045, related to determination of purchase price of merchandise for
purposes of sections 160 to 171 of this title. See section 1673 et
seq. of this title.
Section 163, acts May 27, 1921, ch. 14, Sec. 204, 42 Stat. 13;
Jan. 3, 1975, Pub. L. 93-618, title III, Sec. 321(c), 88 Stat.
2046, related to determination of price at which merchandise is
sold or agreed to be sold in United States. See section 1677a of
this title.
Section 164, acts May 27, 1921, ch. 14, Sec. 205, 42 Stat. 13;
Aug. 14, 1958, Pub. L. 85-630, Sec. 3, 72 Stat. 584; Jan. 3, 1975,
Pub. L. 93-618, title III, Sec. 321(d), 88 Stat. 2046, related to
foreign market value of goods for purposes of sections 160 to 171
of this title. See section 1677b of this title.
Section 165, acts May 27, 1921, ch. 14, Sec. 206, 42 Stat. 213;
Aug. 14, 1958, Pub. L. 85-630, Sec. 4(a), 72 Stat. 584, related to
constructed value of merchandise for purposes of sections 160 to
171 of this title. See section 1673 et seq. of this title.
Section 166, act May 27, 1921, ch. 14, Sec. 207, 42 Stat. 14,
defined ''exporter'' as used in sections 160 to 171 of this title.
See section 1677(13) of this title.
Section 167, acts May 27, 1921, ch. 14, Sec. 208, 42 Stat. 14;
June 2, 1970, Pub. L. 91-271, title III, Sec. 312, 84 Stat. 292,
related to oaths and bonds given in case of imported merchandise.
See section 1673 et seq. of this title.
Section 168, acts May 27, 1921, ch. 14, Sec. 209, 42 Stat. 15;
Aug. 14, 1958, Pub. L. 85-630, Sec. 4(b), 72 Stat. 585; June 2,
1970, Pub. L. 91-271, title III, Sec. 313, 84 Stat. 292, related to
duties of customs officers with regard to appraisal of
merchandise. See section 1673h of this title.
Section 169, acts May 27, 1921, ch. 14, Sec. 210, 42 Stat. 15;
May 28, 1926, ch. 411, Sec. 1, 44 Stat. 669; Mar. 2, 1929, ch. 488,
Sec. 1, 45 Stat. 1475; Aug. 14, 1958, Pub. L. 85-630, Sec. 4(b), 72
Stat. 585; June 2, 1970, Pub. L. 91-271, title III, Sec. 314, 84
Stat. 293, related to protests from determinations of customs
officers. See section 1673 et seq. of this title.
Section 170, act May 27, 1921, ch. 14, Sec. 211, 42 Stat. 15,
related to treatment of antidumping duties as regular duties for
purposes of all laws relating to drawback of duties. See section
1673i of this title.
Section 170a, act May 27, 1921, ch. 14, Sec. 212, as added Aug.
14, 1958, Pub. L. 85-630, Sec. 5, 72 Stat. 585; amended Jan. 3,
1975, Pub. L. 93-618, title III, Sec. 321(e), 88 Stat. 2048,
defined terms used in sections 160 to 171 of this title. See
section 1677 of this title.
Section 171, act May 27, 1921, ch. 14, Sec. 213, formerly Sec.
212, 42 Stat. 15, renumbered Aug. 14, 1958, Pub. L. 85-630, Sec. 5,
72 Stat. 585, authorized citation of sections 160 to 171 of this
title as the ''Antidumping Act, 1921''.
EFFECTIVE DATE OF REPEAL
Repeal effective Jan. 1, 1980, see section 107 of Pub. L. 96-39,
set out as an Effective Date note under section 1671 of this title.
SAVINGS PROVISION
Pub. L. 96-39, title I, Sec. 106(a), July 26, 1979, 93 Stat. 193,
provided in part that findings in effect on the effective date of
the repeal of sections 160 to 171 of this title (Jan. 1, 1980, see
Effective Date of Repeal note set out above) or issued pursuant to
court order in an action brought before that date, shall remain in
effect, subject to review under section 1675 of this title.
ADMINISTRATION OF THE ANTIDUMPING ACT, 1921, BY UNITED STATES
TARIFF COMMISSION; REPORT TO CONGRESS
Pub. L. 90-634, title II, Sec. 201, Oct. 24, 1968, 82 Stat. 1347,
provided that the International Antidumping Code would not restrict
the United States Tariff Commission in performing its duties and
functions under sections 160 to 171 of this title (known as the
Antidumping Act, 1921), required the Secretary of the Treasury and
the Tariff Commission to take that Code into account only when
consistent with the provisions of those sections, and required the
President to submit a report to Congress for the period between
July 1, 1968, and June 30, 1969, which had to include all
determinations made by the Secretary of the Treasury and the Tariff
Commission during that period relating to those sections, analyze
the consideration given the International Antidumping Code in each
such determination, summarize actions taken by other countries
during such period against United States exports, and the relation
of such actions to that Code, and include such recommendations as
the President determined appropriate concerning the administration
of sections 160 to 171 of this title.
ANTIDUMPING ACT UNAFFECTED BY ACT AUGUST 2, 1956; REVIEW OF
OPERATION OF ACT AND REPORT TO CONGRESS
Section 5 of act Aug. 2, 1956, ch. 887, 70 Stat. 948, provided
that nothing in that act would be considered to repeal, modify, or
supersede, directly or indirectly, any provisions of former
sections 160 to 171 of this title (known as the Antidumping Act,
1921) and required the Secretary of the Treasury, after consulting
with the United States Tariff Commission, to review the operation
and effectiveness of those sections and report thereon to the
Congress within six months after August 2, 1956, and to recommend
to the Congress any amendment to those sections considered
desirable or necessary to provide for greater certainty, speed, and
efficiency in the enforcement thereof.
ANTIDUMPING ACT UNAFFECTED BY TARIFF ACT OF 1930
Sections 160 to 171 of this title, which were repealed by Pub. L.
96-39, had previously been excepted from repeal or amendment by act
June 17, 1930, ch. 497, 46 Stat. 763 (Tariff Act of 1930), section
651(d) of which provided that nothing in that act would be
construed to amend or repeal the Antidumping Act (sections 160 to
171 of this title).
-CITE-
19 USC Additional Definitions 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Additional Definitions
.
-HEAD-
Additional Definitions
-CITE-
19 USC Sec. 172 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Additional Definitions
-HEAD-
Sec. 172. Omitted
-MISC1-
Section, act May 27, 1921, ch. 14, Sec. 406, 42 Stat. 18; Proc.
No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352, which defined
the terms ''person'' and ''United States'' as those terms were used
in sections 160 to 171 of this title was omitted in view of the
repeal of sections 160 to 171 of this title by Pub. L. 96-39, title
I, Sec. 106(a), July 26, 1979, 93 Stat. 193.
-CITE-
19 USC Rules and Regulations 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Rules and Regulations
.
-HEAD-
Rules and Regulations
-CITE-
19 USC Sec. 173 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Rules and Regulations
-HEAD-
Sec. 173. Omitted
-MISC1-
Section, act May 27, 1921, ch. 14, Sec. 407, 42 Stat. 18, which
directed the Secretary to make rules and regulations necessary for
the enforcement of sections 160 to 171 of this title was omitted in
view of the repeal of sections 160 to 171 of this title by Pub. L.
96-39, title I, Sec. 106(a), July 26, 1979, 93 Stat. 193.
-CITE-
19 USC Unfair Methods of Competition and Importation
Unlawful 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Unfair Methods of Competition and Importation Unlawful
.
-HEAD-
Unfair Methods of Competition and Importation Unlawful
-CITE-
19 USC Sec. 174 to 180 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Unfair Methods of Competition and Importation Unlawful
-HEAD-
Sec. 174 to 180. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Sections, act Sept. 21, 1922, ch. 356, title III, Sec.
316(a)-(g), 42 Stat. 943, 944, related to unfair acts tending to
destroy or injure domestic industries, investigations by Tariff
Commission, appeals, and forbidding entry of articles pending
completion of investigations.
Provisions of Tariff Act of 1930 corresponding to section 174,
see section 1337(a) of this title; section 175, see section
1337(b); section 176, see section 1337(c); section 177, see section
1337(d); section 178, see section 1337(e); section 179, see section
1337(f); section 180, see section 1337(g).
-CITE-
19 USC Imports From Countries Making Discriminations 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Imports From Countries Making Discriminations
.
-HEAD-
Imports From Countries Making Discriminations
-CITE-
19 USC Sec. 181 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Imports From Countries Making Discriminations
-HEAD-
Sec. 181. Exclusion of imports from countries making
discriminations
-STATUTE-
Whenever the President shall be satisfied that unjust
discriminations are made by or under the authority of any foreign
state against the importation to or sale in such foreign state of
any product of the United States, he may direct that such products
of such foreign state so discriminating against any product of the
United States as he may deem proper shall be excluded from
importation to the United States; and in such case he shall make
proclamation of his direction in the premises, and therein name the
time when such direction against importation shall take effect, and
after such date the importation of the articles named in such
proclamation shall be unlawful. The President may at any time
revoke, modify, terminate, or renew any such direction as, in his
opinion, the public interest may require.
-SOURCE-
(Aug. 30, 1890, ch. 839, Sec. 5, 26 Stat. 415.)
-CITE-
19 USC Sec. 182 to 190 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Imports From Countries Making Discriminations
-HEAD-
Sec. 182 to 190. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Sections, act Sept. 21, 1922, ch. 356, title III, Sec.
317(a)-(i), 42 Stat. 944-946, related to new or additional duties
on imports from countries making discriminations against United
States products, suspension, exclusion and enforcement provisions.
Provisions of Tariff Act of 1930 corresponding to section 182, see
section 1338(a) of this title; section 183, see section 1338(b) of
this title; section 184, see section 1338(c) of this title; section
185, see section 1338(d) of this title; section 186, see section
1338(e) of this title; section 187, see section 1338(f) of this
title; section 188, see section 1338(g) of this title; section 189,
see section 1338(h) of this title; section 190, see section 1338(i)
of this title.
-CITE-
19 USC Special Provisions 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Special Provisions
.
-HEAD-
Special Provisions
-CITE-
19 USC Sec. 191, 192 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Special Provisions
-HEAD-
Sec. 191, 192. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), (4), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Section 191, act Sept. 21, 1922, ch. 356, title III, Sec. 322, 42
Stat. 948, related to duties on automobiles, etc., sold foreign
Governments.
Section 192, R.S. Sec. 2804; act Aug. 27, 1894, ch. 349, Sec. 26,
28 Stat. 552, related to entry of cigars.
-CITE-
19 USC Sec. 193 to 195 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Special Provisions
-HEAD-
Sec. 193 to 195. Repealed. Pub. L. 87-456, title III, Sec. 303(c),
May 24, 1962, 76 Stat. 78
-MISC1-
Section 193, act Jan. 9, 1883, ch. 17, 22 Stat. 402, related to
grain brought from Canada for grinding.
Section 194, act May 18, 1896, ch. 195, 29 Stat. 122, provided
for the return free of articles and livestock exported for
exhibition.
Section 195, act Mar. 3, 1899, ch. 454, 30 Stat. 1372, provided
for free entry of animals taken abroad with circus or menagerie.
-CITE-
19 USC Sec. 196 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Special Provisions
-HEAD-
Sec. 196. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Section, act Sept. 21, 1922, ch. 356, title III, Sec. 319, 42
Stat. 947, related to duties imposed on certain previous imports
and basis upon weight at time of entry.
-CITE-
19 USC Sec. 196a 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Special Provisions
-HEAD-
Sec. 196a. Repealed. Pub. L. 87-456, title III, Sec. 303(c), May
24, 1962, 76 Stat. 78
-MISC1-
Section, act Aug. 27, 1949, ch. 517, Sec. 1, 63 Stat, 666,
provided for free importation of articles for members of armed
forces of foreign countries.
EFFECTIVE DATE OF REPEAL
For effective date of repeal, see section 501(a) of Pub. L.
87-456.
-CITE-
19 USC Payment of Duty 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Payment of Duty
.
-HEAD-
Payment of Duty
-CITE-
19 USC Sec. 197 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Payment of Duty
-HEAD-
Sec. 197. Duties, how payable
-STATUTE-
Except as provided in section 198 of this title all duties upon
imports shall be collected in ready money, and shall be paid in
coin, coin certificates, and such other certificates or Treasury
notes as may by law be declared receivable in payment thereof.
-SOURCE-
(R.S. Sec. 3009; Feb. 27, 1877, ch. 69, 19 Stat. 247, 249.)
-COD-
CODIFICATION
R.S. Sec. 3009 derived from acts Mar. 2, 1833, ch. 55, Sec. 3, 4
Stat. 630; Aug. 6, 1846, ch. 84, Sec. 1, 9 Stat. 53; Feb. 25, 1862,
ch. 33, Sec. 5, 12 Stat. 346.
R.S. Sec. 3473, formerly cited as a credit to this section, was
repealed by Pub. L. 95-598, title III, Sec. 322(d), title IV, Sec.
402(a), Nov. 6, 1978, 92 Stat. 2679, 2682, effective Oct. 1, 1979.
Prior to its incorporation into the Code, R.S. Sec. 3009, as
amended by act Feb. 27, 1877, ch. 69, 19 Stat. 247, read: ''All
duties upon imports shall be collected in ready money, and shall be
paid in coin or coin certificates or in United States notes,
payable on demand, authorized to be issued prior to the
twenty-fifth day of February, one thousand eight hundred and
sixty-two, and by law receivable in payment of public dues.''
Its provisions were changed to conform to section 198 of this
title authorizing the receipt of certified checks in payment of
duties; section 405 of Title 31, Money and Finance (act Feb. 28,
1878, ch. 20, Sec. 3, 20 Stat. 26) making certain certificates and
treasury notes receivable for customs; section 451 of Title 31,
(act Dec. 24, 1919, ch. 15, Sec. 1, 41 Stat. 370) making gold
certificates a legal tender in payment of all debts and dues,
public and private; and a provision of act Mar. 14, 1900, ch. 41,
Sec. 6, 31 Stat. 47, as amended (omitted from the Code as
superseded by section 451 of Title 31) that gold certificates
should be receivable for customs.
-CITE-
19 USC Sec. 198 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Payment of Duty
-HEAD-
Sec. 198. Certified checks; receivable for all public dues; lien
for payment of
-STATUTE-
It shall be lawful for collecting officers to receive certified
checks drawn on National and State banks and trust companies,
during such time and under such regulations as the Secretary of the
Treasury may prescribe, in payment for duties on imports, and all
public dues, including special customs deposits. No person,
however, who may be indebted to the United States on account of
duties on imports who shall have tendered a certified check or
checks as provisional payment for such duties or taxes, in
accordance with the terms of this section, shall be released from
the obligation to make ultimate payment thereof until such
certified check so received has been duly paid; and if any such
check so received is not duly paid by the bank on which it is drawn
and so certifying the United States shall, in addition to its right
to exact payment from the party originally indebted therefor, have
a lien for the amount of such check upon all the assets of such
bank; and such amount shall be paid out of its assets in preference
to any or all other claims whatsoever against said bank, except the
necessary costs and expenses of administration and the
reimbursement of the United States for the amount expended in the
redemption of the circulating notes of such bank.
-SOURCE-
(Mar. 2, 1911, ch. 191, Sec. 1, 36 Stat. 965; Mar. 3, 1913, ch.
119, 37 Stat. 733.)
-TRANS-
TRANSFER OF FUNCTIONS
Functions of all officers of Department of the Treasury and
functions of all agencies and employees of such Department
transferred, with certain exceptions, to Secretary of the Treasury,
with power vested in him to authorize their performance or
performance of any of his functions, by any of those officers,
agencies, and employees, by Reorg. Plan No. 26 of 1950, Sec. 1, 2,
eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in
the Appendix to Title 5, Government Organization and Employees.
Collecting officers, referred to in this section, are officials of
Department of the Treasury.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 197 of this title; title 6
section 212.
-CITE-
19 USC Sec. 199 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE III - SPECIAL PROVISIONS
Payment of Duty
-HEAD-
Sec. 199. Judgments, how payable
-STATUTE-
In all proceedings brought by the United States in any court for
due recovery as well of duties upon imports alone as of penalties
for the nonpayment thereof, the judgment shall recite that the same
is rendered for duties, and such judgment, interest, and costs
shall be payable in the coin by law receivable for duties, and the
execution issued on such judgment shall set forth that the recovery
is for duties, and shall require the marshal to satisfy the same in
the coin by law receivable for duties; and in case of levy upon and
sale of the property of the judgment debtor, the marshal shall
refuse payment from any purchaser at such sale in any other money
than that specified in the execution.
-SOURCE-
(R.S. Sec. 3014.)
-COD-
CODIFICATION
R.S. Sec. 3014 derived from act Mar. 3, 1865, ch. 80, Sec. 12, 13
Stat. 494.
-CITE-
19 USC SUBTITLE IV - CUSTOMS ADMINISTRATION 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
.
-HEAD-
SUBTITLE IV - CUSTOMS ADMINISTRATION
-CITE-
19 USC Administrative Provisions 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
.
-HEAD-
Administrative Provisions
-CITE-
19 USC part 1 - definitions 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 1 - definitions
.
-HEAD-
part 1 - definitions
-CITE-
19 USC Sec. 231 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 1 - definitions
-HEAD-
Sec. 231. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762
-MISC1-
Section, act Sept. 21, 1922, ch. 356, title IV, Sec. 401, 42
Stat. 948, related to definitions of terms of Tariff Act of 1922.
Corresponding provisions of Tariff Act of 1930, see section 1401
of this title.
-CITE-
19 USC Sec. 232 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 1 - definitions
-HEAD-
Sec. 232. ''Port'' defined
-STATUTE-
The word ''port'', as used in title 34 of the Revised Statutes,
may include any place from which merchandise can be shipped for
importation, or at which merchandise can be imported.
-SOURCE-
(R.S. Sec. 2767.)
-REFTEXT-
REFERENCES IN TEXT
Title 34 of the Revised Statutes, referred to in text, was in the
original ''this Title'', meaning title 34 of the Revised Statutes,
consisting of R.S. Sec. 2517 to 3129. For complete classification
of R.S. Sec. 2517 to 3129 to the Code, see Tables.
-CITE-
19 USC Sec. 233 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 1 - definitions
-HEAD-
Sec. 233. Departure from prescribed forms
-STATUTE-
In cases where the forms of official documents, as prescribed by
title 34 of the Revised Statutes, shall be substantially complied
with and observed, according to the true intent thereof, no penalty
or forfeiture shall be incurred by a deviation therefrom.
-SOURCE-
(R.S. Sec. 2769.)
-REFTEXT-
REFERENCES IN TEXT
Title 34 of the Revised Statutes, referred to in text, was in the
original ''this Title'', meaning title 34 of the Revised Statutes,
consisting of R.S. Sec. 2517 to 3129. For complete classification
of R.S. Sec. 2517 to 3129 to the Code, see Tables.
-COD-
CODIFICATION
R.S. Sec. 2769 derived from act Mar. 2, 1799, ch. 22, Sec. 111, 1
Stat. 704.
-CITE-
19 USC Sec. 234 to 239 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 1 - definitions
-HEAD-
Sec. 234 to 239. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 402(a)-(f),
42 Stat. 949, 950, related to valuation of imported merchandise,
ascertainment of foreign, export, United States value, cost of
production, American selling price and value at date of shipment.
Provisions of Tariff Act of 1930 corresponding to section 234,
see section 1402(a) of this title; section 235, see section 1402(c)
of this title; section 236, see section 1402(d) of this title;
section 237, see section 1402(e) of this title; section 238, see
section 1402(f) of this title; section 239, see section 1402(g) of
this title.
-CITE-
19 USC Sec. 240 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 1 - definitions
-HEAD-
Sec. 240. Value at date of shipment
-STATUTE-
When the duty upon any imports shall be subject to be levied upon
the true market value of such imports in the principal markets of
the country from whence the importation has been made, or at the
port of exportation, the duty shall be estimated and collected upon
the value on the day of actual shipment, whenever a bill of lading
shall be presented showing the date of shipment, and which shall be
certified by a certificate of the United States consul or legally
authorized deputy.
-SOURCE-
(R.S. Sec. 2904.)
-COD-
CODIFICATION
R.S. Sec. 2904 derived from act Mar. 2, 1861, ch. 68, Sec. 28, 12
Stat. 197.
-CITE-
19 USC part 2 - report, entry, and unlading of vessels
and vehicles 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 2 - report, entry, and unlading of vessels and vehicles
.
-HEAD-
part 2 - report, entry, and unlading of vessels and vehicles
-CITE-
19 USC Sec. 241 to 256 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 2 - report, entry, and unlading of vessels and vehicles
-HEAD-
Sec. 241 to 256. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 431-446, 42
Stat. 950-953, related to form and contents of manifests, clearance
documents, bonds, permits and penalties for violation of same.
Provisions of Tariff Act of 1930 corresponding to sections 241 to
256, see sections 1431 to 1446 of this title, respectively.
-CITE-
19 USC Sec. 257, 258 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 2 - report, entry, and unlading of vessels and vehicles
-HEAD-
Sec. 257, 258. Repealed. Pub. L. 91-654, Sec. 3, Jan. 5, 1971, 84
Stat. 1945
-MISC1-
Section 257, R.S. Sec. 3114; acts Sept. 21, 1922, ch. 356, title
IV, Sec. 466, 42 Stat. 957; June 17, 1930, ch. 497, title IV, Sec.
466, 46 Stat. 719, related to duties on equipments or repair parts
for vessels. See section 1466(a) of this title.
Section 258, R.S. Sec. 3115; acts Sept. 21, 1922, ch. 356, title
IV, Sec. 466, 42 Stat. 957; June 17, 1930, ch. 497, title IV, Sec.
466, 46 Stat. 719; Aug. 8, 1953, ch. 397, Sec. 11(c), 67 Stat. 515,
related to the remission of duties for necessary repairs. See
section 1466(d) of this title.
EFFECTIVE DATE OF REPEAL
Section 3 of Pub. L. 91-654 provided that the repeal by Pub. L.
91-654 is effective with respect to entries made in connection with
arrivals of vessels on or after Jan. 5, 1971 (or treated under
section 2 of Pub. L. 91-654, set out as a note under section 1466
of this title, as made on the day after such date).
PROVISIONS INAPPLICABLE TO ENTRIES MADE IN CONNECTION WITH ARRIVALS
BEFORE JANUARY 5, 1971, OF VESSELS OPERATED BY OR FOR AGENCY OF
UNITED STATES; REFUNDS AFTER AUGUST 7, 1974, BARRED AS TO DUTY
PAYMENTS MADE BEFORE JANUARY 5, 1971, UNDER SECTION 257
Pub. L. 93-368, Sec. 1, 2, Aug. 7, 1974, 88 Stat. 420, provided:
''That sections 3114 and 3115 of the Revised Statutes of the United
States (19 U.S.C. 257 and 258) (former sections 257 and 258 of this
title) shall not apply to entries made in connection with arrivals
before January 5, 1971, of vessels owned by the United States, or
bareboat chartered to the United States, and operated by or for the
account of any department or agency of the United States.
''Sec. 2. On or after the date of the enactment of this Act (Aug.
7, 1974), no department or agency of the United States shall be
entitled to a refund of any duties paid before January 5, 1971, by
any department or agency of the United States under section 3114 of
the Revised Statutes of the United States (section 257 of this
title).''
-CITE-
19 USC Sec. 259, 260 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 2 - report, entry, and unlading of vessels and vehicles
-HEAD-
Sec. 259, 260. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762
-MISC1-
Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 447, 448,
42 Stat. 953, related to place of entry and unlading before entry
or report of arrival.
Provisions of Tariff Act of 1930 corresponding to section 259,
see section 1447 of this title; section 260, see section 1448 of
this title.
-CITE-
19 USC Sec. 261 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 2 - report, entry, and unlading of vessels and vehicles
-HEAD-
Sec. 261. Omitted
-COD-
CODIFICATION
Section, acts Feb. 13, 1911, ch. 46, Sec. 5, 36 Stat. 901; Feb.
7, 1920, ch. 61, 41 Stat. 402; Sept. 21, 1922, ch. 356, title IV,
Sec. 643, 42 Stat. 990; June 2, 1970, Pub. L. 91-271, title III,
Sec. 315, 84 Stat. 293, provided extra compensation for boarding
officers performing services at night or on Sundays and holidays,
prior to the general revision of section 5 of act Feb. 13, 1911, by
section 13811(a) of Pub. L. 103-66, title XIII, Aug. 10, 1993, 107
Stat. 668. Section 5 of act Feb. 13, 1911, as amended by section
13811(a) of Pub. L. 103-66, is classified to section 267 of this
title.
-CITE-
19 USC Sec. 262 to 266 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 2 - report, entry, and unlading of vessels and vehicles
-HEAD-
Sec. 262 to 266. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 449-453, 42
Stat. 954, 955, related to emergency cases of unlading bonds for
special licenses and penalties for violation.
Provisions of Tariff Act of 1930 corresponding to section 262,
see section 1449 of this title; section 263, see section 1450 of
this title; section 264, see section 1451 of this title; section
265, see section 1452 of this title; section 266, see section 1453
of this title.
-CITE-
19 USC Sec. 267 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 2 - report, entry, and unlading of vessels and vehicles
-HEAD-
Sec. 267. Overtime and premium pay for customs officers
-STATUTE-
(a) Overtime pay
(1) In general
Subject to paragraph (2) and subsection (c) of this section, a
customs officer who is officially assigned to perform work in
excess of 40 hours in the administrative workweek of the officer
or in excess of 8 hours in a day shall be compensated for that
work at an hourly rate of pay that is equal to 2 times the hourly
rate of the basic pay of the officer. For purposes of this
paragraph, the hourly rate of basic pay for a customs officer
does not include any premium pay provided for under subsection
(b) of this section.
(2) Special provisions relating to overtime work on callback
basis
(A) Minimum duration
Any work for which compensation is authorized under paragraph
(1) and for which the customs officer is required to return to
the officer's place of work shall be treated as being not less
than 2 hours in duration; but only if such work begins at least
1 hour after the end of any previous regularly scheduled work
assignment and ends at least 1 hour before the beginning of the
following regularly scheduled work assignment.
(B) Compensation for commuting time
(i) In general
Except as provided in clause (ii), in addition to the
compensation authorized under paragraph (1) for work to which
subparagraph (A) applies, the customs officer is entitled to
be paid, as compensation for commuting time, an amount equal
to 3 times the hourly rate of basic pay of the officer.
(ii) Exception
Compensation for commuting time is not payable under clause
(i) if the work for which compensation is authorized under
paragraph (1) -
(I) does not commence within 16 hours of the customs
officer's last regularly scheduled work assignment, or
(II) commences within 2 hours of the next regularly
scheduled work assignment of the customs officer.
(b) Premium pay for customs officers
(1) Night work differential
(A) 3 p.m. to midnight shiftwork
If the majority of the hours of regularly scheduled work of a
customs officer occurs during the period beginning at 3 p.m.
and ending at 12 a.m., the officer is entitled to pay for work
during such period (except for work to which paragraph (2) or
(3) applies) at the officer's hourly rate of basic pay plus
premium pay amounting to 15 percent of that basic rate.
(B) 11 p.m. to 8 a.m. shiftwork
If the majority of the hours of regularly scheduled work of a
customs officer occurs during the period beginning at 11 p.m.
and ending at 8 a.m., the officer is entitled to pay for work
during such period (except for work to which paragraph (2) or
(3) applies) at the officer's hourly rate of basic pay plus
premium pay amounting to 20 percent of that basic rate.
(C) 7:30 p.m. to 3:30 a.m. shiftwork
If the regularly scheduled work assignment of a customs
officer is 7:30 p.m. to 3:30 a.m., the officer is entitled to
pay for work during such period (except for work to which
paragraph (2) or (3) applies) at the officer's hourly rate of
basic pay plus premium pay amounting to 15 percent of that
basic rate for the period from 7:30 p.m. to 11:30 p.m. and at
the officer's hourly rate of basic pay plus premium pay
amounting to 20 percent of that basic rate for the period from
11:30 p.m. to 3:30 a.m.
(2) Sunday differential
A customs officer who performs any regularly scheduled work on
a Sunday that is not a holiday is entitled to pay for that work
at the officer's hourly rate of basic pay plus premium pay
amounting to 50 percent of that basic rate.
(3) Holiday differential
A customs officer who performs any regularly scheduled work on
a holiday is entitled to pay for that work at the officer's
hourly rate of basic pay plus premium pay amounting to 100
percent of that basic rate.
(4) Treatment of premium pay
Premium pay provided for under this subsection may not be
treated as being overtime pay or compensation for any purpose.
(c) Limitations
(1) Fiscal year cap
The aggregate of overtime pay under subsection (a) of this
section (including commuting compensation under subsection
(a)(2)(B) of this section) and premium pay under subsection (b)
of this section that a customs officer may be paid in any fiscal
year may not exceed $25,000; except that the Commissioner of
Customs or his designee may waive this limitation in individual
cases in order to prevent excessive costs or to meet emergency
requirements of the Customs Service.
(2) Exclusivity of pay under this section
A customs officer who receives overtime pay under subsection
(a) of this section or premium pay under subsection (b) of this
section for time worked may not receive pay or other compensation
for that work under any other provision of law.
(d) Regulations
The Secretary of the Treasury shall promulgate regulations to
prevent -
(1) abuse of callback work assignments and commuting time
compensation authorized under subsection (a)(2) of this section;
and
(2) the disproportionately more frequent assignment of overtime
work to customs officers who are near to retirement.
(e) Definitions
As used in this section:
(1) The term ''customs officer'' means an individual performing
those functions specified by regulation by the Secretary of the
Treasury for a customs inspector or canine enforcement officer.
Such functions shall be consistent with such applicable standards
as may be promulgated by the Office of Personnel Management.
(2) The term ''holiday'' means any day designated as a holiday
under a Federal statute or Executive order.
-SOURCE-
(Feb. 13, 1911, ch. 46, Sec. 5, 36 Stat. 901; Feb. 7, 1920, ch. 61,
41 Stat. 402; Pub. L. 91-271, title III, Sec. 316, June 2, 1970, 84
Stat. 293; Pub. L. 103-66, title XIII, Sec. 13811(a), Aug. 10,
1993, 107 Stat. 668.)
-COD-
CODIFICATION
Section derived from R.S. Sec. 2872, as amended by act June 26,
1884, ch. 121, Sec. 25, 23 Stat. 59.
Prior to the general revision of section 5 of act Feb. 13, 1911,
by section 13811(a) of Pub. L. 103-66, provisions of section 5 of
act Feb. 13, 1911, relating to extra compensation for boarding
officers performing services at night or on Sundays and holidays,
were classified to section 261 of this title.
-MISC3-
AMENDMENTS
1993 - Pub. L. 103-66 amended section generally, substituting
provisions relating to overtime and premium pay for customs
officers for provisions relating to fixing of working hours and
overtime compensation by Secretary of the Treasury.
1970 - Pub. L. 91-271 substituted references to the appropriate
customs officer for references to the collector of customs wherever
appearing, and struck out reference to inspectors, storekeepers,
weighers, and other customs officers and employees.
EFFECTIVE DATE OF 1993 AMENDMENT
Section 13811(c) of Pub. L. 103-66 provided that: ''The
amendments made by subsections (a) and (b) (amending this section
and section 1450 of this title, repealing section 1451a of this
title, and omitting provisions formerly set out as section 261 of
this title) apply to customs inspectional services provided on or
after January 1, 1994.''
EFFECTIVE DATE OF 1970 AMENDMENT
For effective date of amendment by Pub. L. 91-271, see section
203 of Pub. L. 91-271, set out as a note under section 1500 of this
title.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of
the United States Customs Service of the Department of the
Treasury, including functions of the Secretary of the Treasury
relating thereto, to the Secretary of Homeland Security, and for
treatment of related references, see sections 203(1), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department
of Homeland Security Reorganization Plan of November 25, 2002, as
modified, set out as a note under section 542 of Title 6.
Functions of all officers of Department of the Treasury and
functions of all agencies and employees of such Department
transferred, with certain exceptions, to Secretary of the Treasury,
with power vested in him to authorize their performance or
performance of any of his functions, by any of those officers,
agencies, and employees, by Reorg. Plan No. 26 of 1950, Sec. 1, 2,
eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in
the Appendix to Title 5, Government Organization and Employees.
Customs officers, referred to in this section, were under
Department of the Treasury.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 58c, 267a, 1451 of this
title; title 5 sections 5549, 8331.
-CITE-
19 USC Sec. 267a 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 2 - report, entry, and unlading of vessels and vehicles
-HEAD-
Sec. 267a. Foreign language proficiency awards
-STATUTE-
Cash awards for foreign language proficiency may, under
regulations prescribed by the Secretary of the Treasury, be paid to
customs officers (as referred to in section 267(e)(1) of this
title) to the same extent and in the same manner as would be
allowable under subchapter III of chapter 45 of title 5 with
respect to law enforcement officers (as defined by section 4521 of
such title).
-SOURCE-
(Pub. L. 103-66, title XIII, Sec. 13812(b), Aug. 10, 1993, 107
Stat. 671.)
-MISC1-
EFFECTIVE DATE
Section 13812(c)(2) of Pub. L. 103-66 provided that: ''Subsection
(b) (enacting this section) takes effect on January 1, 1994.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 58c of this title.
-CITE-
19 USC Sec. 268 to 272 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 2 - report, entry, and unlading of vessels and vehicles
-HEAD-
Sec. 268 to 272. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 454-458, 42
Stat. 955, 956, related to duties and compensation of boarding and
discharging inspectors, custody of cargo not unladen promptly,
unlading at risk of consignee and time for unlading bulk cargo.
Provisions of Tariff Act of 1930 corresponding to section 268,
see section 1455 of this title; section 269, see section 1456 of
this title; section 270, see section 1457 of this title; section
271, none; section 272, see section 1458 of this title.
-CITE-
19 USC Sec. 273, 274 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 2 - report, entry, and unlading of vessels and vehicles
-HEAD-
Sec. 273, 274. Repealed. Aug. 8, 1953, ch. 397, Sec. 4(b), 67 Stat.
509
-MISC1-
Sections, R.S. Sec. 2885, 2886, required the containers of
imported liquors or distilled spirits to be marked or scored at the
port of landing with the capacity, wine gallons, proof, proof
gallons, and other detailed information, such marks to be
obliterated upon sale.
EFFECTIVE DATE OF REPEAL
Section 1 of act Aug. 8, 1953, provided that such act is
effective, except as otherwise specifically provided for, on and
after the thirtieth day following the date of its enactment (Aug.
8, 1953).
The exception ''except as otherwise specifically provided for''
apparently refers to the amendments made to the provisions
preceding subd. (1) of section 1308 of this title and to section
1557(b) of this title, for which separate effective dates were
provided as explained in notes under those sections.
SAVINGS PROVISION
Section 23 of act Aug. 8, 1953, provided: ''Except as may be
otherwise provided for in this Act, the repeal of existing law or
modifications thereof embraced in this Act shall not affect any act
done, or any right accruing or accrued, or any suit or proceeding
had or commenced in any civil or criminal case prior to such repeal
or modification, but all liabilities under such laws shall
continue, except as otherwise specifically provided in this Act,
and may be enforced in the same manner as if such repeal, or
modification had not been made.''
-CITE-
19 USC Sec. 275 to 281 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 2 - report, entry, and unlading of vessels and vehicles
-HEAD-
Sec. 275 to 281. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 459-465, 42
Stat. 956, 957, related to documentary reports, manifests, permits
on imports from contiguous countries and enforcement provisions.
Provisions of Tariff Act of 1930 corresponding to sections 275 to
281, see sections 1459 to 1465 of this title, respectively.
-CITE-
19 USC Sec. 282 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 2 - report, entry, and unlading of vessels and vehicles
-HEAD-
Sec. 282. Repealed. Pub. L. 103-182, title VI, Sec. 690(a)(2), Dec.
8, 1993, 107 Stat. 2222
-MISC1-
Section, R.S. Sec. 3111; Pub. L. 91-271, title III, Sec. 317,
June 2, 1970, 84 Stat. 293, related to oath to be taken by masters
of certain vessels.
-CITE-
19 USC Sec. 283 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 2 - report, entry, and unlading of vessels and vehicles
-HEAD-
Sec. 283. Duty on saloon stores
-STATUTE-
Articles purchased for the use of or for sale on board any such
vessel, as saloon stores or supplies, shall be deemed merchandise,
and shall be liable, when purchased at a foreign port, to entry and
the payment of the duties found to be due thereon, at the first
port of arrival of such vessel in the United States; and for a
failure on the part of the saloon keeper or person purchasing or
owning such articles to report, make entries, and pay duties, as
hereinbefore required, such articles, together with the fixtures
and other merchandise, found in such saloon or on or about such
vessel, belonging to and owned by such saloon keeper or other
person interested in such saloon, shall be seized and forfeited,
and such saloon keeper or other person so purchasing and owning
shall be liable to a penalty of not less than $100 and not more
than $500, and shall be punishable by imprisonment for not less
than three months and not more than two years.
-SOURCE-
(R.S. Sec. 3113.)
-COD-
CODIFICATION
R.S. Sec. 3113 derived from acts July 18, 1866, ch. 201, Sec. 22,
14 Stat. 183; Feb. 10, 1871, ch. 45, 16 Stat. 409.
-CITE-
19 USC Sec. 284, 285 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 2 - report, entry, and unlading of vessels and vehicles
-HEAD-
Sec. 284, 285. Repealed. July 3, 1926, ch. 757, Sec. 3, 44 Stat.
832
-MISC1-
Sections, R.S. Sec. 3116, 3117, related to manifests of vessels
in coasting trade and entry for goods taken or delivered at
intermediate ports.
-CITE-
19 USC Sec. 286, 287 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 2 - report, entry, and unlading of vessels and vehicles
-HEAD-
Sec. 286, 287. Repealed. Pub. L. 103-182, title VI, Sec. 690(a)(3),
(4), Dec. 8, 1993, 107 Stat. 2222
-MISC1-
Section 286, R.S. Sec. 3118, mandated that master of any enrolled
or licensed vessel file a manifest and obtain clearance before
departing from a port in one collection district to a place in
another collection district where there is not customhouse.
Section 287, R.S. Sec. 3119, related to reporting requirements
for merchandise destined for foreign ports and exempted unlading of
cargo brought from American ports from permit requirements.
-CITE-
19 USC Sec. 288 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 2 - report, entry, and unlading of vessels and vehicles
-HEAD-
Sec. 288. Documented vessels
-STATUTE-
Documented vessels with a registry endorsement, engaged in
foreign trade on the Great Lakes or their tributary or connecting
waters in trade with Canada, shall not thereby become liable to the
payment of entry and clearance fees.
-SOURCE-
(R.S. Sec. 2793; Sept. 25, 1941, ch. 423, 55 Stat. 733; Pub. L.
103-182, title VI, Sec. 686(a)(1), Dec. 8, 1993, 107 Stat. 2220;
Pub. L. 104-324, title XI, Sec. 1115(b)(4), Oct. 19, 1996, 110
Stat. 3972.)
-COD-
CODIFICATION
R.S. Sec. 2793 derived from Res. Feb. 10, 1871, No. 27, Sec. 2,
16 Stat. 595.
Provisions of this section are also set out in section 111 of
Title 46, Appendix, Shipping.
Provision of R.S. Sec. 2793 respecting tonnage duties is
classified to section 123 of Title 46, Appendix.
-MISC3-
AMENDMENTS
1996 - Pub. L. 104-324 substituted ''registry endorsement,
engaged in foreign trade on the Great Lakes or their tributary or
connecting waters in trade with Canada,'' for ''coastwise, Great
Lakes endorsement, departing from or arriving at a port in one
district to or from a port in another district, and also touching
at intermediate foreign ports,'' and struck out '', as if from or
to foreign ports'' before period at end.
1993 - Pub. L. 103-182 substituted ''Documented vessels with a
coastwise, Great Lakes endorsement,'' for ''Enrolled or licensed
vessels engaged in the foreign and coasting trade on the northern,
northeastern, and northwestern frontiers of the United States,''
and ''foreign ports.'' for ''foreign ports; but such vessel shall,
notwithstanding, be required to enter and clear; except that when
such vessels are on such voyages on the Great Lakes and touch at
foreign ports for the purpose of taking on bunker fuel only, they
may be exempted from entering and clearing under such rules and
regulations as the Commissioner of Customs may prescribe,
notwithstanding any other provisions of law: Provided, That this
exception shall not apply to such vessels if, while at such foreign
port, they land or take on board any passengers, or any merchandise
other than bunker fuel, receive orders, discharge any seamen by
mutual consent, or engage any seamen to replace those discharged by
mutual consent, or transact any other business save that of taking
on bunker fuel.''
1941 - Act Sept. 25, 1941, inserted exception and proviso at end
of section.
-CITE-
19 USC Sec. 289 to 292 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 2 - report, entry, and unlading of vessels and vehicles
-HEAD-
Sec. 289 to 292. Repealed. Pub. L. 103-182, title VI, Sec.
690(a)(1), (5)-(7), Dec. 8, 1993, 107 Stat. 2222, 2223
-MISC1-
Section 289, R.S. Sec. 2792; May 28, 1908, ch. 212, Sec. 1, 35
Stat. 424, exempted certain ferryboats and passenger vessels from
clearance fees.
Section 290, R.S. Sec. 3122, mandated that master of any enrolled
or licensed vessel destined with cargo from a place in the United
States, at which there may be no customhouse, to a port where there
may be a customhouse, deliver a manifest within twenty-four hours
after arriving at port of destination.
Section 291, R.S. Sec. 3124; Feb. 14, 1903, ch. 552, Sec. 10, 32
Stat. 829; 1946 Reorg. Plan No. 3, Sec. 101-104, eff. July 16,
1946, 11 F.R. 7875, 60 Stat. 1097, related to format and content of
forms for manifests, certificates of clearance, and oaths.
Section 292, R.S. Sec. 3125, related to penalty for neglect or
failure to comply with sections 286, 287, 290, and 291 of this
title.
-CITE-
19 USC Sec. 293 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 2 - report, entry, and unlading of vessels and vehicles
-HEAD-
Sec. 293. Documented vessels touching at foreign ports
-STATUTE-
Any United States documented vessel with a registry or coastwise
endorsement, or both, may engage in trade between one port in the
United States and one or more ports within the same, with the
privilege of touching at one or more foreign ports during the
voyage, and land and take in thereat merchandise, passengers and
their baggage, and letters, and mails.
-SOURCE-
(R.S. Sec. 3126; Pub. L. 91-271, title III, Sec. 318, June 2, 1970,
84 Stat. 293; Pub. L. 103-182, title VI, Sec. 686(a)(2), Dec. 8,
1993, 107 Stat. 2220; Pub. L. 104-295, Sec. 21(e)(1), Oct. 11,
1996, 110 Stat. 3530.)
-COD-
CODIFICATION
R.S. Sec. 3126 derived from act May 27, 1848, ch. 48, Sec. 1, 9
Stat. 232.
-MISC3-
AMENDMENTS
1996 - Pub. L. 104-295 inserted comma after ''or both''.
1993 - Pub. L. 103-182 substituted ''Any United States documented
vessel with a registry or coastwise endorsement, or both'' for
''Any vessel, on being duly registered in pursuance of the laws of
the United States,'' and struck out at end ''All such vessels shall
be furnished by the appropriate customs officers of the ports at
which they shall take in their cargoes in the United States, with
certified manifests, setting forth the particulars of the cargoes,
the marks, number of packages, by whom shipped, to whom consigned,
at what port to be delivered; designating such merchandise as is
entitled to drawback, or to the privilege of being placed in
warehouse; and the masters of all such vessels shall, on their
arrival at any port of the United States from any foreign port at
which such vessel may have touched, as herein provided, conform to
the laws providing for the delivery of manifests of cargo and
passengers taken on board at such foreign port, and all other laws
regulating the report and entry of vessels from foreign ports, and
be subject to all the penalties therein prescribed.''
1970 - Pub. L. 91-271 substituted reference to appropriate
customs officers for reference to collectors.
EFFECTIVE DATE OF 1970 AMENDMENT
For effective date of amendment by Pub. L. 91-271, see section
203 of Pub. L. 91-271, set out as an Effective Date of 1970
Amendment note under section 1500 of this title.
-CITE-
19 USC Sec. 294 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 2 - report, entry, and unlading of vessels and vehicles
-HEAD-
Sec. 294. No duty by reason of documented vessel touching at
foreign port
-STATUTE-
Any foreign merchandise taken in at one port of the United States
to be conveyed in a United States documented vessel with a registry
or coastwise endorsement, or both, to any other port within the
same, either under the provisions relating to warehouses, or under
the laws regulating the transportation coastwise of merchandise
entitled to drawback, as well as any merchandise not entitled to
drawback, but on which the import duties chargeable by law shall
have been duly paid, shall not become subject to any import duty by
reason of the vessel in which they may arrive having touched at a
foreign port during the voyage.
-SOURCE-
(R.S. Sec. 3127; Pub. L. 103-182, title VI, Sec. 686(a)(3), Dec. 8,
1993, 107 Stat. 2220; Pub. L. 104-295, Sec. 21(e)(2), Oct. 11,
1996, 110 Stat. 3530.)
-COD-
CODIFICATION
R.S. Sec. 3127 derived from act May 27, 1848, ch. 48, Sec. 2, 9
Stat. 232.
-MISC3-
AMENDMENTS
1996 - Pub. L. 104-295 substituted ''conveyed in a United'' for
''conveyed a United''.
1993 - Pub. L. 103-182 substituted ''a United States documented
vessel with a registry or coastwise endorsement, or both,'' for
''in registered vessels''.
-CITE-
19 USC part 3 - ascertainment, collection, and recovery
of duties 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 3 - ascertainment, collection, and recovery of duties
.
-HEAD-
part 3 - ascertainment, collection, and recovery of duties
-CITE-
19 USC Sec. 331 to 337 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 3 - ascertainment, collection, and recovery of duties
-HEAD-
Sec. 331 to 337. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762
-MISC1-
Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 481(a)-(c),
482(a)-(d), 42 Stat. 958, related to contents of invoices,
certification in different consular districts and declarations
indorsed on invoices.
Provisions of Tariff Act of 1930 corresponding to section 331,
see section 1481(a) of this title; section 332, see section 1481(b)
of this title; section 333, see section 1481(c) of this title;
section 334, see section 1482(a) of this title; section 335, see
section 1482(b) of this title; section 336, see section 1482(c) of
this title; section 337, see section 1482(d) of this title.
Sections 331 to 333 were repealed effective on day after
enactment of repealing act.
Sections 334 to 337 were repealed effective sixty days after
enactment of repealing act.
-CITE-
19 USC Sec. 338 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 3 - ascertainment, collection, and recovery of duties
-HEAD-
Sec. 338. Indorsement upon invoice; port of entry
-STATUTE-
The person producing an invoice for certification shall at the
same time declare to the consul or vice consul the port in the
United States at which it is intended to make entry of merchandise;
whereupon the consul, or vice consul, shall indorse upon each of
the triplicates a certificate, under his hand and official seal,
stating that the invoice has been produced to him, with the date of
such production, and the name of the person by whom the same was
produced, and the port in the United States at which it shall be
the declared intention to make entry of the merchandise therein
mentioned.
-SOURCE-
(R.S. Sec. 2855; Apr. 5, 1906, ch. 1366, Sec. 3, 34 Stat. 100.)
-COD-
CODIFICATION
R.S. Sec. 2855 derived from act Mar. 3, 1863, ch. 76, Sec. 1, 12
Stat. 738.
Section is based on the first sentence of R.S. Sec. 2855. The
second sentence of R.S. Sec. 2855, which related to the disposition
of certified copies of invoices, was superseded by section 482(e)
of the Tariff Act of 1922, and later by section 482(e) of the
Tariff Act of 1933 which is classified to section 1482(e) of this
title.
-CITE-
19 USC Sec. 339 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 3 - ascertainment, collection, and recovery of duties
-HEAD-
Sec. 339. Restriction on consular certificates
-STATUTE-
No consular officer of the United States shall grant a
certificate for merchandise shipped from countries adjacent to the
United States, which have passed a consulate after purchase for
shipment.
-SOURCE-
(R.S. Sec. 2861.)
-COD-
CODIFICATION
R.S. Sec. 2861 derived from act Feb. 22, 1873, ch. 184, Sec. 3,
17 Stat. 474.
-CITE-
19 USC Sec. 340 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 3 - ascertainment, collection, and recovery of duties
-HEAD-
Sec. 340. Consuls to exact proof of invoice
-STATUTE-
All consular officers are authorized to require, before
certifying any invoice, satisfactory evidence, either by the oath
of the person presenting such invoices or otherwise, that such
invoices are correct and true. In the exercise of the discretion
hereby given, the consular officers shall be governed by such
general or special regulations or instructions as may from time to
time be established or given by the Secretary of State.
-SOURCE-
(R.S. Sec. 2862.)
-COD-
CODIFICATION
R.S. Sec. 2862 derived from act Mar. 3, 1865, ch. 111, 13 Stat.
532.
-CITE-
19 USC Sec. 341 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 3 - ascertainment, collection, and recovery of duties
-HEAD-
Sec. 341. Fraudulent practices; consul's report
-STATUTE-
All consuls of the United States having any knowledge or belief
of any case or practice of any person who obtains verification of
any invoice whereby the revenue of the United States is or may be
defrauded, shall report the facts to the appropriate customs
officer of the port where the revenue is or may be defrauded, or to
the Secretary of the Treasury.
-SOURCE-
(R.S. Sec. 2863; Apr. 5, 1906, ch. 1366, Sec. 3, 34 Stat. 100; Pub.
L. 91-271, title III, Sec. 319, June 2, 1970, 84 Stat. 293.)
-COD-
CODIFICATION
R.S. Sec. 2863 derived from act July 14, 1862, ch. 163, Sec. 18,
12 Stat. 559.
-MISC3-
AMENDMENTS
1970 - Pub. L. 91-271 substituted reference to the appropriate
customs officer for reference to the collector.
EFFECTIVE DATE OF 1970 AMENDMENT
For effective date of amendment by Pub. L. 91-271, see section
203 of Pub. L. 91-271, set out as a note under section 1500 of this
title.
-TRANS-
TRANSFER OF FUNCTIONS
Functions of all officers of Department of the Treasury and
functions of all agencies and employees of such Department
transferred, with certain exceptions, to Secretary of the Treasury,
with power vested in him to authorize their performance or
performance of any of his functions, by any of those officers,
agencies, and employees, by Reorg. Plan No. 26 of 1950, Sec. 1, 2,
eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in
the Appendix to Title 5, Government Organization and Employees.
Customs officers, referred to in this section, are under Department
of the Treasury.
-CITE-
19 USC Sec. 342 to 375 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 3 - ascertainment, collection, and recovery of duties
-HEAD-
Sec. 342 to 375. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762
-MISC1-
Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 482(e),
(f), 483, 484(a)-(g), 485(a)-(f), 486-497, 498(a), (b), 499, and
500(a)-(c), 42 Stat. 959-965, related to ascertainment, collection
and recovery of goods.
Provisions of Tariff Act of 1930 corresponding to section 342,
see section 1482(e) of this title; section 343, see section 1482(f)
of this title; section 344, see section 1483 of this title; section
345, see section 1484(a) of this title; section 346, see section
1484(b) of this title; section 347, see section 1484(c) of this
title; section 348, see section 1484(d) of this title; section 349,
see section 1484(e) of this title; section 350, see section 1484(f)
of this title; section 351, see section 1484(g) of this title;
section 352, see section 1485(a) of this title; section 353, see
section 1485(b) of this title; section 354, see section 1485(c) of
this title; section 355, see section 1485(d) of this title; section
356, see section 1485(e) of this title; section 357, see section
1485(f) of this title; section 358, none, but see section 1623 of
this title; section 359, see section 1487 of this title; section
360, see section 1488 of this title; section 361, see section
1503(b) of this title; section 362, see section 1490 of this title;
section 363, see section 1491 of this title; section 364 see
section 1492 of this title; section 365, see section 1493 of this
title; section 366, see section 1494 of this title; section 367,
see section 1495 of this title; section 368, see section 1496 of
this title; section 369, see section 1497 of this title; section
370, see section 1498(a) of this title; section 371, see section
1498(b) of this title; section 372, see section 1499 of this title;
section 373, see section 1500(a) of this title; section 374, see
section 1500(b) of this title; section 375, see section 1500(d) of
this title.
EFFECTIVE DATE OF REPEAL
Sections 342 and 343 repealed effective sixty days after
enactment of repealing act.
Sections 344 to 375 repealed effective on day following date of
enactment of repealing act.
-CITE-
19 USC Sec. 376 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 3 - ascertainment, collection, and recovery of duties
-HEAD-
Sec. 376. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(10), 70 Stat.
947
-MISC1-
Section, R.S. Sec. 2615, related to report of assistant appraiser
at New York.
-CITE-
19 USC Sec. 377 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 3 - ascertainment, collection, and recovery of duties
-HEAD-
Sec. 377. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Section, act Sept. 21, 1922, ch. 356, title IV, Sec. 500(d), 42
Stat. 966, related to duties of examiners. For corresponding
provisions of Tariff Act of 1930, see section 1500(e) of this
title.
-CITE-
19 USC Sec. 378 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 3 - ascertainment, collection, and recovery of duties
-HEAD-
Sec. 378. Repealed. Feb. 28, 1933, ch. 131, Sec. 1, 47 Stat. 1349
-MISC1-
Section, R.S. Sec. 2938, related to appraiser as special
examiner.
Section 2 of the repealing act provided that rights or
liabilities existing under this section on Feb. 28, 1933, should
not be affected thereby.
-CITE-
19 USC Sec. 379 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 3 - ascertainment, collection, and recovery of duties
-HEAD-
Sec. 379. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(25), 70 Stat.
947
-MISC1-
Section, R.S. Sec. 2612, provided for instructions to prevent
importation of adulterated drugs. Special examiners of drugs are
no longer appointed. For functions with relation to adulterated
drugs, see section 321 et seq. of Title 21, Food and Drugs.
-CITE-
19 USC Sec. 380 to 389 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 3 - ascertainment, collection, and recovery of duties
-HEAD-
Sec. 380 to 389. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 500(e),
501, 502(a)-(c), 503-507, 42 Stat. 966-968, related to appeals for
reappraisement, regulations for appraisal and classification, etc.,
and reversal or modification of rulings of Secretary of Treasury.
Provisions of Tariff Act of 1930 corresponding to section 380,
see section 1500(f) of this title; section 381, see section 1501 of
this title; section 382, see section 1502(a) of this title; section
383, see section 1502(b) of this title; section 384, see section
1502(c) of this title; section 385, see sections 1503 and 1504
(repealed) of this title; section 386, see section 1505 of this
title; section 387, see section 1506 of this title; section 388,
see section 1507 of this title; section 389, see section 1508
(repealed) of this title.
-CITE-
19 USC Sec. 390 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 3 - ascertainment, collection, and recovery of duties
-HEAD-
Sec. 390. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(26), 70 Stat.
948
-MISC1-
Section, R.S. Sec. 2918, provided for adoption of a hydrometer
for use in ascertaining proof of liquors. See section 5204(b) of
Title 26, Internal Revenue Code.
-CITE-
19 USC Sec. 391 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 3 - ascertainment, collection, and recovery of duties
-HEAD-
Sec. 391. Ascertainment of duties on grain
-STATUTE-
For the purpose of estimating the duties on importations of
grain, the number of bushels shall be ascertained by weight,
instead of by measuring; and sixty pounds of wheat, fifty-six
pounds of corn, fifty-six pounds of rye, forty-eight pounds of
barley, thirty-two pounds of oats, sixty pounds of peas, and
forty-two pounds of buckwheat, avoirdupois weight, shall
respectively be estimated as a bushel.
-SOURCE-
(R.S. Sec. 2919.)
-COD-
CODIFICATION
R.S. Sec. 2919 derived from act July 18, 1866, ch. 201, Sec. 38,
14 Stat. 187.
-CITE-
19 USC Sec. 392 to 405 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 3 - ascertainment, collection, and recovery of duties
-HEAD-
Sec. 392 to 405. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 508-518, 42
Stat. 968-972, related to examination of importers, consignees,
agents, etc.
The following table shows the classification of former sections
to the present similar provisions in the Tariff Act of 1930, as
incorporated in this title.
---------------------------------------------------------------------
Former section Present section
---------------------------------------------------------------------
392 1509
393 1510
394
395 1511
396 1512
397 1513
398 1514
399 1515
400 1516(a)
401 1516(b)
402 1516(c)
403
405
-------------------------------
-CITE-
19 USC Sec. 405a 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 3 - ascertainment, collection, and recovery of duties
-HEAD-
Sec. 405a. Repealed. Pub. L. 96-417, title VI, Sec. 603, Oct. 10,
1980, 94 Stat. 1744
-MISC1-
Section, acts May 28, 1926, ch. 411, Sec. 1, 44 Stat. 669; June
25, 1948, ch. 646, Sec. 22, 62 Stat. 990, renamed the Board of
General Appraisers as the United States Customs Court and provided
that the members be known as judges of the United States Customs
Court.
EFFECTIVE DATE OF REPEAL
Repeal effective Nov. 1, 1980, and applicable with respect to
civil actions pending on or commenced on or after such date, see
section 701(a) of Pub. L. 96-417, set out as an Effective Date of
1980 Amendment note under section 251 of Title 28, Judiciary and
Judicial Procedure.
-CITE-
19 USC Sec. 405b 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 3 - ascertainment, collection, and recovery of duties
-HEAD-
Sec. 405b. Omitted
-MISC1-
Section, act May 28, 1926, ch. 411, Sec. 2, 44 Stat. 669,
provided that the jurisdiction, powers, and duties of the Board
referred to in section 405a of this title, its subdivisions and its
officers, and their appointment, including the designation of its
presiding officers, and the immunities, tenure of office, powers,
duties, rights, and privileges of the members of the Board, shall
remain the same as provided by existing law.
-CITE-
19 USC Sec. 406 to 409 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 3 - ascertainment, collection, and recovery of duties
-HEAD-
Sec. 406 to 409. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat 762, eff. June 18, 1930
-MISC1-
Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 519,
520(a), (b), 521, 42 Stat. 973, related to copies of decisions of
United States Customs Court for Collectors and Secretary of the
Treasury, refund of duties and liquidation of duties.
Provisions of Tariff Act of 1930 corresponding to section 406,
see section 1519 of this title (repealed); section 407, see section
1520(a) of this title; section 408, see section 1520(b) of this
title; section 409, see section 1521 of this title.
-CITE-
19 USC Sec. 413 to 419 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 3 - ascertainment, collection, and recovery of duties
-HEAD-
Sec. 413 to 419. Repealed. June 17, 1930, ch. 497, title IV, Sec.
641(e), 651(a)(1), 46 Stat. 760, 762, eff. June 18, 1930
-MISC1-
Sections 413 and 414, act Sept. 21, 1922, ch. 356, title IV Sec.
524, 525, 42 Stat. 975, related to disposal of receipts and detail
from field service for Washington duty.
Sections 415 to 419, act June 10, 1910, ch. 283, Sec. 1-5, 36
Stat. 464, 465, related to issuance and revocation of customshouse
broker's licenses. Repeal was subject to an exception as follows:
''Except that any license issued * * * shall continue in force and
effect, subject to suspension and revocation in the same manner and
upon the same conditions as licenses issued pursuant to subdivision
(a) of this section.'' Subdivision (a) is set forth in section 1641
of this title, and such section now regulates the licensing of
customhouse brokers. Subsection (e) of section 641, act of 1930,
the repealing act, was repealed by act August 26, 1935, ch. 689,
Sec. 5, 49 Stat. 865, but sections 415 to 419 of this title were
not thereby revived.
Provisions of Tariff Act of 1930 corresponding to section 413,
see section 1524 of this title; section 414, see section 1525
(repealed) of this title; sections 415 to 419, see section 1641 of
this title.
-CITE-
19 USC Sec. 420 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 3 - ascertainment, collection, and recovery of duties
-HEAD-
Sec. 420. Repealed. Pub. L. 87-456, title III, Sec. 303(c), May 24,
1962, 76 Stat. 78
-MISC1-
Section, R.S. Sec. 2951, defined the word ''ton'' and was
previously omitted.
EFFECTIVE DATE OF REPEAL
For effective date of repeal, see section 501(a) of Pub. L.
87-456, set out as an Effective Date of Tariff Classification Act
of 1962 note preceding section 1202 of this title.
-CITE-
19 USC part 4 - transportation in bond and warehousing of
merchandise 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 4 - transportation in bond and warehousing of merchandise
.
-HEAD-
part 4 - transportation in bond and warehousing of merchandise
-CITE-
19 USC Sec. 451 to 459 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 4 - transportation in bond and warehousing of merchandise
-HEAD-
Sec. 451 to 459. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 551-559, 42
Stat. 975-977, related to carriers of bonded merchandise,
transportation restrictions, bonds, regulations, and abandonment of
merchandise in bonded warehouses.
The following table shows the classification of former sections
to the present similar provisions in the Tariff Act of 1930, as
incorporated in this title.
---------------------------------------------------------------------
Former section Present section
---------------------------------------------------------------------
451 1551
452 1552
453 1553
454 1554
455 1555
456 1556
457 1557
458 1558
459 1559
-------------------------------
-CITE-
19 USC Sec. 460 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 4 - transportation in bond and warehousing of merchandise
-HEAD-
Sec. 460. Retention of distilled spirits, wines, etc., in warehouse
during prohibitory period
-STATUTE-
Under regulations prescribed by the Secretary of the Treasury,
any imported distilled spirits, wines, or other liquors which may
be in any customs bonded warehouse under the customs laws on the
date any prohibition of their sale or removal, by any Act of
Congress, or proclamation of the President of the United States
takes effect shall be permitted to remain therein without payment
of any taxes or duties thereon, beyond the three-year period
provided by law, during such period of prohibition; and may be
exported at any time during such extended period. Any imported
spirits, wines, or other liquors as to which the three-year bonded
period may have expired after February 24, 1919, and prior to the
date such prohibition takes effect may at the option of the owner
remain in bond during such period of prohibition.
-SOURCE-
(Feb. 24, 1919, ch. 18, Sec. 600(b), 40 Stat. 1106.)
-REFTEXT-
REFERENCES IN TEXT
The customs laws, referred to in text, are classified generally
to this title.
-CITE-
19 USC Sec. 461 to 466 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 4 - transportation in bond and warehousing of merchandise
-HEAD-
Sec. 461 to 466. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 560-565, 42
Stat. 977-979, related to leasing warehouses by Secretary of the
Treasury, public stores, withdrawal from and deterioration of
merchandise in bonded warehouses, liens for freight charges and
cartage of merchandise.
The following table shows the classification of former sections
to the present similar provisions in the Tariff Act of 1930, as
incorporated in this title.
---------------------------------------------------------------------
Former section Present section
---------------------------------------------------------------------
461 1560
462 1561
463 1562
464 1563
465 1564
466 1565
-------------------------------
-CITE-
19 USC Sec. 467 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 4 - transportation in bond and warehousing of merchandise
-HEAD-
Sec. 467. Imported distilled spirits, wines, or malt liquors;
regulations for marks, brands, and stamps or devices on bulk
containers; forfeitures
-STATUTE-
The Secretary of the Treasury may by regulation require such
marks, brands, and stamps or devices to be placed on any bulk
container (including a pipeline) used for holding, storing,
transferring or conveying imported distilled spirits, wines, or
malt liquors as he deems necessary and proper in the administration
of the Federal laws applicable to such imported distilled spirits,
wines, or malt liquors and may specify those marks, brands, and
stamps or devices which the importer or owner shall place or have
placed on such containers. Any such container of imported
distilled spirits, wines, or malt liquors withdrawn from customs
custody purporting to contain imported distilled spirits, wines, or
malt liquors found without having thereon any mark, brand, stamp,
or device the Secretary of the Treasury may require, shall be with
its contents, forfeited to the United States of America.
-SOURCE-
(Mar. 1, 1879, ch. 125, Sec. 11, 20 Stat. 342; Pub. L. 95-410,
title II, Sec. 201, Oct. 3, 1978, 92 Stat. 898.)
-MISC1-
AMENDMENTS
1978 - Pub. L. 95-410 substituted provisions authorizing the
Secretary of the Treasury to require by regulation the placing of
marks, brands, and stamps or devices on bulk containers of imported
distilled spirits, wines, or malt liquors used for holding,
storing, transferring or conveying the imported liquors for prior
provisions for deposit of imported distilled spirits, wines, and
malt liquors in public store or bonded warehouse, inspection of
packages, affixing of stamps thereto, and special stamps for cask
or package of not less than five wine-gallons filled for shipment,
sale, or delivery on premises of any wholesale liquor-dealer under
rules and regulations prescribed by Commissioner of Internal
Revenue.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 468 of this title.
-CITE-
19 USC Sec. 468 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 4 - transportation in bond and warehousing of merchandise
-HEAD-
Sec. 468. Stamps and brands effaced on emptying packages of
imported liquors
-STATUTE-
Every person who empties or draws off, or causes to be emptied or
drawn off, the contents of any package of imported liquors stamped
as above required, shall, at the time of such emptying, efface,
obliterate, and destroy the stamp thereon, and also all other marks
or brands which shall have been placed thereon in accordance with
the law or regulations concerning imported liquors; every cask or
other package from which the stamp for imported liquors required by
section 467 of this title to be placed thereon shall not be
effaced, obliterated, or destroyed, on emptying such package, shall
be forfeited, and the same may be seized by any officer of internal
revenue wherever found; and all the provisions and penalties of
R.S. Sec. 3324, relating to empty casks or packages from which the
marks, brands, or stamps have not been effaced or obliterated, and
relating to the removal of stamps from packages, and to having in
possession any stamps so removed, shall apply to the stamps for
imported spirits herein provided for, and to the casks or other
packages on which such stamps shall have been used.
-SOURCE-
(Mar. 1, 1879, ch. 125, Sec. 12, 20 Stat. 342; May 28, 1880, ch.
108, Sec. 12, 21 Stat. 148.)
-REFTEXT-
REFERENCES IN TEXT
R.S. Sec. 3324, referred to in text, related to stamps and brands
to be effaced from empty casks and penalty for omitting to efface
and for transporting in violation of law. See sections 5206(d),
5604, and 7301 of Title 26, Internal Revenue Code.
-CITE-
19 USC Sec. 469 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 4 - transportation in bond and warehousing of merchandise
-HEAD-
Sec. 469. Dealing in or using empty stamped imported liquor
containers
-STATUTE-
If any person shall purchase or sell, with the imported-liquor
stamp herein required remaining thereon, or any of the marks or
brands which shall have been placed thereon in accordance with the
laws or regulations concerning imported liquors remaining thereon,
any cask or other package, after the same has been once used to
contain imported liquors and has been emptied; or if any person
shall use or have in possession such cask or package, with any
imitation of such marks or brands, for the purpose of placing
domestic distilled spirits therein for sale; every such cask or
package, with its contents, if any, shall be forfeited to the
United States. And every such person who shall violate any of the
provisions of this section shall be liable to a penalty of $200 for
every such cask or package so purchased, sold, used, or had in
possession.
-SOURCE-
(Mar. 1, 1879, ch. 125, Sec. 13, 20 Stat. 343; May 28, 1880, ch.
108, Sec. 13, 21 Stat. 148.)
-CITE-
19 USC Sec. 471 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 4 - transportation in bond and warehousing of merchandise
-HEAD-
Sec. 471. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Section, act Sept. 21, 1922, ch. 356, title IV, Sec. 560, 42
Stat. 977, related to prohibition of ownership of bonded warehouses
by customs officers.
Corresponding provisions of Tariff Act of 1930, see section 1560
of this title.
-CITE-
19 USC Sec. 472 to 475 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 4 - transportation in bond and warehousing of merchandise
-HEAD-
Sec. 472 to 475. Repealed. Aug. 8, 1953, ch. 397, Sec. 16(f), 67
Stat. 517
-MISC1-
Sections, act June 8, 1896, ch. 371, Sec. 1-4, 29 Stat. 263,
related to special delivery and appraisement of imported articles
of limited value and weight.
EFFECTIVE DATE OF REPEAL
Section 1 of act Aug. 8, 1953, provided that such act is
effective, except as otherwise specifically provided for, on and
after thirtieth day following date of its enactment (Aug. 8, 1953).
The exception ''except as otherwise specifically provided for''
apparently refers to amendments made to provisions preceding subd.
(1) of section 1308 of this title and to section 1557(b) of this
title, for which separate effective dates were provided as
explained in notes under those sections.
SAVINGS PROVISION
Section 23 of act Aug. 8, 1953, provided: ''Except as may be
otherwise provided for in this Act, the repeal of existing law or
modifications thereof embraced in this Act shall not affect any act
done, or any right accruing or accrued, or any suit or proceeding
had or commenced in any civil or criminal case prior to such repeal
or modification, but all liabilities under such laws shall
continue, except as otherwise specifically provided in this Act,
and may be enforced in the same manner as if such repeal, or
modification had not been made.''
-CITE-
19 USC part 5 - enforcement provisions 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 5 - enforcement provisions
.
-HEAD-
part 5 - enforcement provisions
-CITE-
19 USC Sec. 481 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 5 - enforcement provisions
-HEAD-
Sec. 481. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Section, act Sept. 21, 1922, ch. 356, title IV, Sec. 581, 42
Stat. 979, related to seizure of vessel or merchandise.
Corresponding provisions of Tariff Act of 1930, see section 1581 of
this title.
-CITE-
19 USC Sec. 482 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 5 - enforcement provisions
-HEAD-
Sec. 482. Search of vehicles and persons
-STATUTE-
(a) Any of the officers or persons authorized to board or search
vessels may stop, search, and examine, as well without as within
their respective districts, any vehicle, beast, or person, on which
or whom he or they shall suspect there is merchandise which is
subject to duty, or shall have been introduced into the United
States in any manner contrary to law, whether by the person in
possession or charge, or by, in, or upon such vehicle or beast, or
otherwise, and to search any trunk or envelope, wherever found, in
which he may have a reasonable cause to suspect there is
merchandise which was imported contrary to law; and if any such
officer or other person so authorized shall find any merchandise on
or about any such vehicle, beast, or person, or in any such trunk
or envelope, which he shall have reasonable cause to believe is
subject to duty, or to have been unlawfully introduced into the
United States, whether by the person in possession or charge, or
by, in, or upon such vehicle, beast, or otherwise, he shall seize
and secure the same for trial.
(b) Any officer or employee of the United States conducting a
search of a person pursuant to subsection (a) of this section shall
not be held liable for any civil damages as a result of such search
if the officer or employee performed the search in good faith and
used reasonable means while effectuating such search.
-SOURCE-
(R.S. Sec. 3061; Pub. L. 107-210, div. A, title III, Sec. 341(a),
Aug. 6, 2002, 116 Stat. 980.)
-COD-
CODIFICATION
R.S. Sec. 3061 derived from act July 18, 1866, ch. 201, Sec. 3,
14 Stat. 178.
-MISC3-
AMENDMENTS
2002 - Pub. L. 107-210 designated existing provisions as subsec.
(a) and added subsec. (b).
REQUIREMENT TO POST POLICY AND PROCEDURES FOR SEARCHES OF
PASSENGERS
Pub. L. 107-210, div. A, title III, Sec. 341(b), Aug. 6, 2002,
116 Stat. 980, provided that: ''Not later than 30 days after the
date of the enactment of this Act (Aug. 6, 2002), the Commissioner
of Customs shall ensure that at each Customs border facility
appropriate notice is posted that provides a summary of the policy
and procedures of the Customs Service for searching passengers,
including a statement of the policy relating to the prohibition on
the conduct of profiling of passengers based on gender, race,
color, religion, or ethnic background.''
(For transfer of functions, personnel, assets, and liabilities of
the United States Customs Service of the Department of the
Treasury, including functions of the Secretary of the Treasury
relating thereto, to the Secretary of Homeland Security, and for
treatment of related references, see sections 203(1), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department
of Homeland Security Reorganization Plan of November 25, 2002, as
modified, set out as a note under section 542 of Title 6.)
-CITE-
19 USC Sec. 483 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 5 - enforcement provisions
-HEAD-
Sec. 483. Repealed. Sept. 1, 1954, ch. 1213, title V, Sec. 502, 68
Stat. 1140
-MISC1-
Section, R.S. Sec. 3062; act Aug. 5, 1935, ch. 438, title II,
Sec. 208, 49 Stat. 526, related to forfeitures and penalty for
aiding unlawful importation. See section 1595a of this title.
-CITE-
19 USC Sec. 484 to 493 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 5 - enforcement provisions
-HEAD-
Sec. 484 to 493. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 582-591, 42
Stat. 979-981, related to examination of persons and baggage,
production and certification of manifests, and enforcement
provisions.
Provisions of Tariff Act of 1930 corresponding to section 484,
see section 1582 of this title: section 485, see section 1583 of
this title; section 486, see section 1584 of this title; section
487, see section 1585 of this title; section 488, see section 1586
of this title; section 489, see section 1586(d) of this title;
section 490, see section 1588 of this title.
-CITE-
19 USC Sec. 494 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 5 - enforcement provisions
-HEAD-
Sec. 494. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(27), 70 Stat.
948
-MISC1-
Section, act June 22, 1874, ch. 391, Sec. 13, 18 Stat. 188,
provided for seizure of merchandise as security for fines. See
section 542 of Title 18, Crimes and Criminal Procedure.
-CITE-
19 USC Sec. 495 to 505 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 5 - enforcement provisions
-HEAD-
Sec. 495 to 505. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 592,
593(a), (b), 594-601, 42 Stat. 982 to 984, related to seizure and
forfeiture of vessels, vehicles and merchandise.
Provisions of Tariff Act of 1930 corresponding to section 495,
see section 1592 of this title; section 496, see section 1593(a)
(repealed) of this title; section 498, see section 1594 of this
title; section 499, see section 1595 of this title; section 503,
see section 1599 of this title.
-CITE-
19 USC Sec. 506 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 5 - enforcement provisions
-HEAD-
Sec. 506. Repealed. Aug. 5, 1935, ch. 438, title II, Sec. 203(b),
49 Stat. 523
-MISC1-
Section, R.S. Sec. 3072, related to duty of customs officers to
seize and make secure vessels or merchandise.
-CITE-
19 USC Sec. 507 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 5 - enforcement provisions
-HEAD-
Sec. 507. Officers to make character known; assistance for officers
-STATUTE-
(a) Every customs officer shall -
(1) upon being questioned at the time of executing any of the
powers conferred upon him, make known his character as an officer
of the Federal Government; and
(2) have the authority to demand the assistance of any person
in making any arrest, search, or seizure authorized by any law
enforced or administered by customs officers, if such assistance
may be necessary.
If a person, without reasonable excuse, neglects or refuses to
assist a customs officer upon proper demand under paragraph (2),
such person is guilty of a misdemeanor and subject to a fine of not
more than $1,000.
(b) Any person other than an officer or employee of the United
States who renders assistance in good faith upon the request of a
customs officer shall not be held liable for any civil damages as a
result of the rendering of such assistance if the assisting person
acts as an ordinary, reasonably prudent person would have acted
under the same or similar circumstances.
-SOURCE-
(R.S. Sec. 3071; Pub. L. 99-570, title III, Sec. 3152, Oct. 27,
1986, 100 Stat. 3207-94.)
-COD-
CODIFICATION
R.S. Sec. 3071 derived from act July 18, 1866, ch. 201, Sec. 10,
14 Stat. 180.
-MISC3-
AMENDMENTS
1986 - Pub. L. 99-570 amended section generally. Prior to
amendment, section read as follows: ''Every officer or other person
authorized to make searches and seizures by this title, shall, at
the time of executing any of the powers conferred upon him, make
known, upon being questioned, his character as an officer or agent
of the customs or Government, and shall have authority to demand of
any person within the distance of three miles to assist him in
making any arrests, search, or seizure authorized by this title,
where such assistance may be necessary; and if such person shall,
without reasonable excuse, neglect or refuse so to assist, upon
proper demand, he shall be deemed guilty of a misdemeanor,
punishable by a fine of not more than $200, nor less than $5.''
-CITE-
19 USC Sec. 508 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 5 - enforcement provisions
-HEAD-
Sec. 508. Persons making seizures pleading general issue and
proving special matter
-STATUTE-
If any officer, or other person, executing or aiding or assisting
in the seizure of goods, under any Act providing for or regulating
the collection of duties on imports or tonnage, is sued for
anything done in virtue of the powers given thereby, or by virtue
of a warrant granted by any judge, or justice, pursuant to law, he
may plead the general issue and give such Act and the special
matter in evidence.
-SOURCE-
(R.S. Sec. 3073.)
-COD-
CODIFICATION
R.S. Sec. 3073 derived from act Mar. 2, 1799, ch. 22, Sec. 71, 1
Stat. 678.
-CITE-
19 USC Sec. 509 to 521 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 5 - enforcement provisions
-HEAD-
Sec. 509 to 521. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 602-614, 42
Stat. 984-987, related to pleading, procedure and disposition of
seized articles or proceeds therefrom.
Provisions of Tariff Act of 1930 corresponding to section 509,
see section 1602 of this title; section 510, see section 1603 of
this title; section 511, see section 1604 of this title; section
512, see section 1605 of this title; section 513, see section 1606
of this title; section 514, see section 1607 of this title; section
515, see section 1608 of this title; section 516, see section 1609
of this title; section 517, see section 1610 of this title; section
518, see section 1611 of this title; section 519, see section 1612
of this title; section 520, see section 1613 of this title; section
521, see section 1614 of this title.
-CITE-
19 USC Sec. 522 to 524 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 5 - enforcement provisions
-HEAD-
Sec. 522 to 524. Repealed. Aug. 27, 1935, ch. 740, Sec. 308, 49
Stat. 880
-MISC1-
Sections, act Mar. 3, 1925, ch. 438, Sec. 1-3, 43 Stat. 1116, as
amended by act May 27, 1930, ch. 342, Sec. 9, 46 Stat. 430, related
to summary forfeiture of vessels or vehicles.
-CITE-
19 USC Sec. 525 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 5 - enforcement provisions
-HEAD-
Sec. 525. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Section, act Sept. 21, 1922, ch. 356, title IV, Sec. 615, 42
Stat. 987, related to burden of proof in proceedings for forfeiture
of seized property. Corresponding provisions of Tariff Act of
1930, see section 1615 of this title.
-CITE-
19 USC Sec. 526 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 5 - enforcement provisions
-HEAD-
Sec. 526. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(28), 70 Stat.
948
-MISC1-
Section, R.S. Sec. 3089, related to costs of prosecution. See
section 1613(1) of this title.
-CITE-
19 USC Sec. 527 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 5 - enforcement provisions
-HEAD-
Sec. 527. Sums received from fines and other receipts covered into
Treasury
-STATUTE-
Except as otherwise provided by law, all sums received from
fines, penalties, and forfeitures, connected with the customs, and
from fees paid into the Treasury by customs officers, and from
storage, cartage, drayage, labor, and services, shall be covered
into the Treasury as are other miscellaneous receipts.
-SOURCE-
(Mar. 4, 1907, ch. 2918, Sec. 1, 34 Stat. 1315.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1524 of this title.
-CITE-
19 USC Sec. 528 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 5 - enforcement provisions
-HEAD-
Sec. 528. Appropriate customs officer to receive amount recovered
-STATUTE-
The appropriate customs officer within whose district any seizure
shall be made or forfeiture incurred for any violation of the duty
laws is authorized to receive from the court within which trial is
had, or from the proper officer thereof, the sum recovered, after
deducting all proper charges to be allowed by the court; and on
receipt thereof he shall pay and distribute the same without delay,
according to law.
-SOURCE-
(R.S. Sec. 3087; June 17, 1930, ch. 497, title IV, Sec. 604, 46
Stat. 754; Pub. L. 91-271, title III, Sec. 319, June 2, 1970, 84
Stat. 293.)
-COD-
CODIFICATION
This section was derived from R.S. Sec. 3087, which, however,
contained a further provision requiring collectors to cause suits
to be commenced without delay and prosecuted to effect. That
provision was omitted as inconsistent with section 604 of act Sept.
21, 1922, ch. 356, 42 Stat. 984, constituting former section 511 of
this title. Act Sept. 21, 1922, was repealed by act June 17, 1930,
but section 604 of the latter Act, constituting section 1604 of
this title, reenacted section 604 of the former Act.
-MISC3-
AMENDMENTS
1970 - Pub. L. 91-271 substituted reference to the appropriate
customs officer for reference to the collector.
EFFECTIVE DATE OF 1970 AMENDMENT
For effective date of amendment by Pub. L. 91-271, see section
203 of Pub. L. 91-271, set out as a note under section 1500 of this
title.
-TRANS-
TRANSFER OF FUNCTIONS
Functions of all officers of Department of the Treasury and
functions of all agencies and employees of such Department
transferred, with certain exceptions, to Secretary of the Treasury,
with power vested in him to authorize their performance or
performance of any of his functions, by any of those officers,
agencies, and employees, by Reorg. Plan No. 26 of 1950, Sec. 1, 2,
eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in
the Appendix to Title 5, Government Organization and Employees.
Customs officers, referred to in this section, are under Department
of the Treasury.
-CITE-
19 USC Sec. 529 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 5 - enforcement provisions
-HEAD-
Sec. 529. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Section, act Sept. 21, 1922, ch. 356, title IV, Sec. 616, 42
Stat. 987, related to compromise of claims. See section 1915 of
Title 18, Crimes and Criminal Procedure.
-CITE-
19 USC Sec. 530 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 5 - enforcement provisions
-HEAD-
Sec. 530. Omitted
-COD-
CODIFICATION
Section, act Jan. 22, 1875, ch. 22, 18 Stat. 303, which provided
for dismissal of proceedings, related to act June 22, 1874, ch.
391, Sec. 19, 18 Stat. 190, which was repealed by act Sept. 21,
1922, ch. 356, title IV, Sec. 643, 42 Stat. 989.
-CITE-
19 USC Sec. 531 to 534 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 5 - enforcement provisions
-HEAD-
Sec. 531 to 534. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 617-620, 42
Stat. 987, 988, related to remission or mitigation of fines,
penalties, or forfeitures, and compensation of informers and United
States officers.
Provisions of Tariff Act of 1930 corresponding to section 531,
see section 1617 of this title; section 532, see section 1618 of
this title; section 533, see section 1619 of this title; section
534, see section 1620 of this title.
-CITE-
19 USC Sec. 535 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 5 - enforcement provisions
-HEAD-
Sec. 535. Compulsory production of books, invoices, or papers
-STATUTE-
In all suits and proceedings other than criminal arising under
any of the revenue laws of the United States, the attorney
representing the Government, whenever, in his belief, any business
book, invoice, or paper, belonging to or under the control of the
defendant or claimant, will tend to prove any allegation made by
the United States, may make a written motion, particularly
describing such book, invoice, or paper, and setting forth the
allegation which he expects to prove; and thereupon the court in
which suit or proceeding is pending may, at its discretion, issue a
notice to the defendant or claimant to produce such book, invoice,
or paper in court, at a day and hour to be specified in said
notice, which, together with a copy of said motion, shall be served
formally on the defendant or claimant by the United States marshal
by delivering to him a certified copy thereof, or otherwise serving
the same as original notices of suit in the same court are served;
and if the defendant or claimant shall fail or refuse to produce
such book, invoice, or paper in obedience to such notice, the
allegations stated in the said motion shall be taken as confessed
unless his failure or refusal to produce the same shall be
explained to the satisfaction of the court. And if produced, the
said attorney shall be permitted, under the direction of the court,
to make examination (at which examination the defendant or
claimant, or his agent, may be present) of such entries in said
book, invoice, or paper as relate to or tend to prove the
allegation aforesaid, and may offer the same in evidence on behalf
of the United States. But the owner of said books and papers, his
agent or attorney, shall have, subject to the order of the court,
the custody of them, except pending their examination in court as
aforesaid.
-SOURCE-
(June 22, 1874, ch. 391, Sec. 5, 18 Stat. 187.)
-MISC1-
CONSTITUTIONALITY
This section held unconstitutional as applied to a suit to
enforce a forfeiture decided to be criminal in its nature in Boyd
v. U.S. ((1886), 116 U.S. 616, 6 S. Ct. 524, 29 U.S. (L. Ed.)
746.)
-CITE-
19 USC Sec. 536 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 5 - enforcement provisions
-HEAD-
Sec. 536. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Section, act Sept. 21, 1922, ch. 356, title IV, Sec. 621, 42
Stat. 988, related to limitation of actions for penalties or
forfeitures. Corresponding provisions of Tariff Act of 1930, see
section 1621 of this title.
-CITE-
19 USC Sec. 537 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 5 - enforcement provisions
-HEAD-
Sec. 537. Officers, informers, and defendants as witnesses
-STATUTE-
No officer, or other person entitled to or claiming compensation
under any provision of Act June 22, 1874 (chapter 391, 18 Statutes
188) shall be thereby disqualified from becoming a witness in any
action, suit, or proceeding for the recovery, mitigation, or
remission thereof, but shall be subject to examination and
cross-examination in like manner with other witnesses, without
being thereby deprived of any right, title, share, or interest in
any fine, penalty, or forfeiture to which such examination may
relate; and in every such case the defendant or defendants may
appear and testify and be examined and cross-examined in like
manner.
-SOURCE-
(June 22, 1874, ch. 391, Sec. 8, 18 Stat. 188.)
-REFTEXT-
REFERENCES IN TEXT
Section 4 of Act June 22, 1874, referred to in text, providing
for compensation to officers of the customs or other persons
detecting goods being smuggled, was repealed by act Sept. 21, 1922,
ch. 356, title IV, Sec. 643, 42 Stat. 989. For corresponding
provisions in the Tariff Act of 1930, see section 1619 of this
title.
-CITE-
19 USC Sec. 538, 539 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 5 - enforcement provisions
-HEAD-
Sec. 538, 539. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 622, 623,
42 Stat. 988, related to extensions of time and general rules and
regulations.
Provisions of Tariff Act of 1930 corresponding to section 538,
see section 1318 of this title; section 539, see section 1624 of
this title.
-CITE-
19 USC Sec. 540 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 5 - enforcement provisions
-HEAD-
Sec. 540. President may use suitable vessels for enforcing customs
laws
-STATUTE-
In the execution of laws providing for the collection of duties
on imports and tonnage, the President, in addition to the Coast
Guard vessels in service, may employ in aid thereof such other
suitable vessels as may, in his judgment, be required.
-SOURCE-
(R.S. Sec. 5318; Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800; Aug.
4, 1949, ch. 393, Sec. 1, 20, 63 Stat. 496, 561.)
-COD-
CODIFICATION
R.S. Sec. 5318 derived from act July 13, 1861, ch. 3, Sec. 7, 12
Stat. 257.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
''Coast Guard vessels'' substituted in text for
''revenue-cutters'', the Revenue Cutter Service and the Life-Saving
Service having been combined to form the Coast Guard by section 1
of act Jan. 28, 1915. That act was repealed by section 20 of act
Aug. 4, 1949, section 1 of which reestablished the Coast Guard by
enacting Title 14, Coast Guard.
DELEGATION OF FUNCTIONS
For delegation to Secretary of the Treasury of authority vested
in President by this section, see section 1(i) of Ex. Ord. No.
10289, Sept. 17, 1951, 16 F.R. 9499, as amended, set out as a note
under section 301 of Title 3, The President.
-CITE-
19 USC Sec. 541, 542 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 5 - enforcement provisions
-HEAD-
Sec. 541, 542. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(29),
(30), 70 Stat. 948
-MISC1-
Section 541, R.S. Sec. 2763, authorized use of small boats for
use of customs officials.
Section 542, act Feb. 10, 1913, ch. 35, 37 Stat. 665, authorized
Secretary of the Treasury to use the motorboat provided for Corpus
Christi, Texas.
-CITE-
19 USC part 6 - general provisions 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 6 - general provisions
.
-HEAD-
part 6 - general provisions
-CITE-
19 USC Sec. 571 to 573 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 6 - general provisions
-HEAD-
Sec. 571 to 573. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Sections, act Sept. 21, 1922, ch. 356, title III, Sec. 320, 321,
title IV, Sec. 641, 42 Stat. 947, 989, related to provisions as to
effect of repeals, Treaty with Cuba and certain laws unaffected.
Provisions of Tariff Act of 1930 corresponding to section 571,
see section 1651(c) of this title; section 572, see section 1316 of
this title; section 573, none.
-CITE-
19 USC Sec. 574 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 6 - general provisions
-HEAD-
Sec. 574. Exemption from taking other oaths
-STATUTE-
Nothing contained in title 34 of the Revised Statutes shall be
construed to exempt the masters or owners of vessels from making
and subscribing any oaths required by any laws of the United States
not immediately relating to the collection of the duties on the
importation of merchandise into the United States.
-SOURCE-
(R.S. Sec. 3094.)
-REFTEXT-
REFERENCES IN TEXT
Title 34 of the Revised Statutes, referred to in text, was in the
original ''this Title'', meaning title 34 of the Revised Statutes,
consisting of R.S. Sec. 2517 to 3129. For complete classification
of R.S. Sec. 2517 to 3129 to the Code, see Tables.
-COD-
CODIFICATION
R.S. Sec. 3094 derived from act Mar. 2, 1799, ch. 22, Sec. 110, 1
Stat. 703.
-CITE-
19 USC Sec. 575, 576 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 6 - general provisions
-HEAD-
Sec. 575, 576. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Sections, act Sept. 21, 1922, ch. 356, title IV, Sec. 645, 647,
42 Stat. 990, related to effect of partial invalidity and citation
of chapter.
Provisions of Tariff Act of 1930 corresponding to section 575,
see section 1652 of this title.
-CITE-
19 USC Sec. 577 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 6 - general provisions
-HEAD-
Sec. 577. Repealed. Oct. 31, 1951, ch. 655, Sec. 56(d), 65 Stat.
729
-MISC1-
Section, act Mar. 8, 1902, ch. 140, Sec. 8, 32 Stat. 55, made,
''except as otherwise provided by law'', the provisions of subtitle
IV of this chapter applicable to all articles coming into the
United States from the ''Philippine Archipelago''. Prior to this
repeal, it had been omitted in view of the independence of the
Philippines.
SAVINGS PROVISION
Subsec. (l) of section 56 of act Oct. 31, 1951, provided that the
repeal of this section shall not affect any rights or liabilities
existing hereunder on the effective date of such repeal (Oct. 31,
1951.).
-CITE-
19 USC Sec. 578 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 6 - general provisions
-HEAD-
Sec. 578. Repealed. June 17, 1930, ch. 497, title IV, Sec.
651(a)(1), 46 Stat. 762, eff. June 18, 1930
-MISC1-
Section, act May 29, 1928, ch. 852, Sec. 708, 45 Stat. 881,
related to definition of motor boat.
-CITE-
19 USC Sec. 579 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 6 - general provisions
-HEAD-
Sec. 579. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(32), 70 Stat.
948
-MISC1-
Section, R.S. Sec. 960, provided that in a suit on bond for the
recovery of duties the court should grant judgment unless defendant
made an oath that an error was committed in the liquidation of the
duties demanded. See section 1514 of this title.
-CITE-
19 USC Sec. 580 01/06/03
-EXPCITE-
TITLE 19 - CUSTOMS DUTIES
CHAPTER 3 - THE TARIFF AND RELATED PROVISIONS
SUBTITLE IV - CUSTOMS ADMINISTRATION
Administrative Provisions
part 6 - general provisions
-HEAD-
Sec. 580. Interest in suits on bonds for recovery of duties
-STATUTE-
Upon all bonds, on which suits are brought for the recovery of
duties, interest shall be allowed, at the rate of 6 per centum a
year, from the time when said bonds became due.
-SOURCE-
(R.S. Sec. 963.)
-COD-
CODIFICATION
R.S. Sec. 963 derived from act Mar. 2, 1799, ch. 22, Sec. 65, 1
Stat. 676.
Section was formerly classified to section 787 of Title 28 prior
to the general revision and enactment of Title 28, Judiciary and
Judicial Procedure, by act June 25, 1948, ch. 646, Sec. 1, 62 Stat.
869.
-CITE-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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