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

customs officer for reference to collector.

1955 - Act June 30, 1955, inserted ''Johnston Island''.

1953 - Act Aug. 8, 1953, in third sentence struck out ''the

entered value or'' after ''consumption shall be'', ''whichever is

higher,'' after ''the adjusted final appraised value,'', and '';

but for the purpose of the ascertainment and assessment of

additional duties under section 1489 of this chapter adjustments of

the final appraised value shall be disregarded'' after ''such

adjusted final appraised value''.

1938 - Act June 25, 1938, inserted sentence providing for

manipulation of imported merchandise entering and remaining in

continuous customs custody in cases where neither the protection of

the revenue nor proper conduct of business requires such

manipulation be done in a bonded warehouse, and inserted ''Wake

Island, Midway Islands, Kingman Reef'' before ''or the island of

Guam''.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-182 applicable (1) with respect to

exports from the United States to Canada on Jan. 1, 1996, if Canada

is a NAFTA country on that date and after such date for so long as

Canada continues to be a NAFTA country and (2) with respect to

exports from the United States to Mexico on Jan. 1, 2001, if Mexico

is a NAFTA country on that date and after such date for so long as

Mexico continues to be a NAFTA country, see section 213(c) of Pub.

L. 103-182, set out as an Effective Date note under section 3331 of

this title.

EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT

Amendment by Pub. L. 100-449 effective on date the United

States-Canada Free-Trade Agreement enters into force (Jan. 1,

1989), and to cease to have effect on date Agreement ceases to be

in force, see section 501(a), (c) of Pub. L. 100-449, set out in a

note under section 2112 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

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

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

title.

EFFECTIVE DATE OF 1955 AMENDMENT

Amendment by act June 30, 1955, effective July 1, 1955, see note

set out under section 1401 of this title.

EFFECTIVE DATE OF 1953 AMENDMENT; SAVINGS PROVISION

Amendment by act Aug. 8, 1953, effective on and after thirtieth

day following Aug. 8, 1953, and savings provision, see notes set

out under section 1304 of this title.

EFFECTIVE DATE OF 1938 AMENDMENT

Amendment by act June 25, 1938, effective on thirtieth day

following June 25, 1938, except as otherwise specifically provided,

see section 37 of act June 25, 1938, set out as a note under

section 1401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1503, 1508 of this title.

-CITE-

19 USC Sec. 1563 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part IV - Transportation in Bond and Warehousing of Merchandise

-HEAD-

Sec. 1563. Allowance for loss, abandonment of warehouse goods

-STATUTE-

(a) Abatement or allowance for deterioration, loss or damage to

merchandise in customs custody; exception

In no case shall there be any abatement or allowance made in the

duties for any injury, deterioration, loss, or damage sustained by

any merchandise while remaining in customs custody, except that the

Secretary of the Treasury is authorized, upon production of proof

satisfactory to him of the loss or theft of any merchandise while

in the appraiser's stores, or of the actual injury or destruction,

in whole or in part, of any merchandise by accidental fire or other

casualty, while in bonded warehouse, or in the appraiser's stores,

or while in transportation under bond, or while in the custody of

the officers of the customs, although not in bond, or while within

the limits of any port of entry and before having been landed under

the supervision of the officers of the customs, to abate or refund,

as the case may be, the duties upon such merchandise, in whole or

in part, and to pay any such refund out of any moneys in the

Treasury not otherwise appropriated, and to cancel any warehouse

bond or bonds, or enter satisfaction thereon in whole or in part,

as the case may be, but no abatement or refund shall be made in

respect of injury or destruction of any merchandise in bonded

warehouse occurring after the expiration of three years from the

date of importation. The decision of the Secretary of the Treasury

as to the abatement or refund of the duties on any such merchandise

shall be final and conclusive upon all persons.

The Secretary of the Treasury is authorized to prescribe such

regulations as he may deem necessary to carry out the provisions of

this subdivision and he may by such regulations limit the time

within which proof of loss, theft, injury, or destruction shall be

submitted, and may provide for the abatement or refund of duties,

as authorized herein, by appropriate customs officers in cases in

which the amount of the abatement or refund claimed is less than

$25 and in which the importer has agreed to abide by the decision

of the customs officer. The decision of the customs officer in any

such case shall be final and conclusive upon all persons.

(b) Abandonment of merchandise to Government; remittal or refund of

duties paid

Under such regulations as the Secretary of the Treasury may

prescribe and subject to any conditions imposed thereby the

consignee may at any time within three years from the date of

original importation, abandon to the Government any merchandise in

bonded warehouse, whereupon any duties on such merchandise may be

remitted or refunded as the case may be, but any merchandise so

abandoned shall not be less than an entire package and shall be

abandoned in the original package without having been repacked

while in a bonded warehouse (other than a bonded manipulating

warehouse).

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 563, 46 Stat. 746; June 25,

1938, ch. 679, Sec. 23(a), 52 Stat. 1088; Pub. L. 91-271, title

III, Sec. 301(v), June 2, 1970, 84 Stat. 290.)

-COD-

CODIFICATION

Provisions of this section authorizing transfer of cases before

the United States Customs Court on June 18, 1930, to the Secretary

of the Treasury, or to the collector, for consideration and

determination, were omitted.

-MISC3-

PRIOR PROVISIONS

Prior provisions somewhat similar to those in this section, were

contained in R.S. Sec. 2983, and section 2984 as amended by act

Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 247, which contained a

further provision for cancellation or satisfaction of warehouse

bonds. Both of these sections were superseded by act Sept. 21,

1922, ch. 356, title IV, Sec. 563, 42 Stat. 978, and repealed by

section 642 thereof. Section 563 of the 1922 act was superseded

and enlarged by section 563 of act June 17, 1930, comprising this

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

AMENDMENTS

1970 - Subsec. (a). Pub. L. 91-271 substituted ''appropriate

customs officers'' for ''collectors of customs'', and ''customs

officer'' for ''collector'' wherever appearing.

1938 - Act June 25, 1938, struck out ''(or ten months in the case

of grain)'' wherever appearing.

EFFECTIVE DATE OF 1970 AMENDMENT

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

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

title.

EFFECTIVE DATE OF 1938 AMENDMENT

Section 23(b) of act June 25, 1938, provided as follows: ''The

amendments made by subsection (a) of this section (amending this

section) shall apply in the case of grain imported prior to the

effective date of this act (see note set out under section 1401 of

this title) which, on such date, has not become abandoned to the

Government under section 491 or 559 of the Tariff Act of 1930

(section 1491 or 1559 of this title), and which has remained in the

custody of customs officers.''

APPROPRIATIONS

Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was

classified to section 725a of former Title 31, Money and Finance,

repealed the permanent appropriation under the title ''Refunding

duties on goods destroyed (Customs) (2x330)'' effective July 1,

1935, and provided that such portions of any Acts as make permanent

appropriations to be expended under such account are amended so as

to authorize, in lieu thereof, annual appropriations from the

general fund of the Treasury in identical terms and in such amounts

as now provided by the laws providing such permanent

appropriations.

-CITE-

19 USC Sec. 1564 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part IV - Transportation in Bond and Warehousing of Merchandise

-HEAD-

Sec. 1564. Liens

-STATUTE-

Whenever a customs officer shall be notified in writing of the

existence of a lien for freight, charges, or contribution in

general average upon any imported merchandise sent to the

appraiser's store for examination, entered for warehousing or taken

possession of by him, he shall refuse to permit delivery thereof

from public store or bonded warehouse until proof shall be produced

that the said lien has been satisfied or discharged. The rights of

the United States shall not be prejudiced or affected by the filing

of such lien, nor shall the United States or its officers be liable

for losses or damages consequent upon such refusal to permit

delivery. If merchandise, regarding which such notice of lien has

been filed, shall be forfeited or abandoned and sold, the freight,

charges, or contribution in general average due thereon shall be

paid from the proceeds of such sale in the same manner as other

lawful charges and expenses are paid therefrom. The provisions of

this section shall apply to licensed customs brokers who otherwise

possess a lien for the purposes stated above upon the merchandise

under the statutes or common law, or by order of any court of

competent jurisdiction, of any State.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 564, 46 Stat. 747; Pub. L.

91-271, title III, Sec. 301(w), June 2, 1970, 84 Stat. 290; Pub. L.

98-573, title II, Sec. 212(c)(A), formerly Sec. 212(b)(7)(A), Oct.

30, 1984, 98 Stat. 2984, renumbered Pub. L. 99-514, title XVIII,

Sec. 1889(3), Oct. 22, 1986, 100 Stat. 2925.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 564, 42 Stat. 978. That

section was superseded by section 564 of act June 17, 1930,

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

1930 act.

Provisions somewhat similar to those in this section were

contained in R.S. Sec. 2981, as amended by act June 10, 1880, ch.

190, Sec. 10, 21 Stat. 175, and act May 21, 1896, ch. 217, 29 Stat.

129, which also required notice to be given the party claiming the

lien before delivery of the goods, and provided that possession by

officers of the customs should not affect the discharge of the

lien. That section was repealed by act Sept. 21, 1922, ch. 356,

title IV, Sec. 642, 42 Stat. 989.

AMENDMENTS

1984 - Pub. L. 98-573 inserted provision making this section

applicable to licensed customs brokers who otherwise possess a lien

for the purposes stated above upon the merchandise under the

statutes or common law, or by order of any court of competent

jurisdiction, of any State.

1970 - Pub. L. 91-271 substituted reference to customs officer

for reference to collector of customs.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective on close of 180th day

following Oct. 30, 1984, see section 214(d) of Pub. L. 98-573, set

out as a note under section 1304 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

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

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

title.

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

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

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

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

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

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

section 401 of Title 26, Internal Revenue Code.

-CITE-

19 USC Sec. 1565 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part IV - Transportation in Bond and Warehousing of Merchandise

-HEAD-

Sec. 1565. Cartage

-STATUTE-

The cartage of merchandise entered for warehouse shall be done by

-

(1) cartmen appointed and licensed by the Customs Service; or

(2) carriers designated under section 1551 of this title to

carry bonded merchandise;

who shall give bond, in a penal sum to be fixed by the Customs

Service, for the protection of the Government against any loss of,

or damage to, the merchandise while being so carted. The cartage

of merchandise designated for examination at the appraiser's stores

and of merchandise taken into custody by the customs officer as

unclaimed shall be performed by such persons as may be designated,

under contract or otherwise, by the Secretary of the Treasury, and

under such regulations for the protection of the owners thereof and

of the revenue as the Secretary of the Treasury shall prescribe.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 565, 46 Stat. 747; Pub. L.

91-271, title III, Sec. 301(x), June 2, 1970, 84 Stat. 290; Pub. L.

103-182, title VI, Sec. 666, Dec. 8, 1993, 107 Stat. 2215.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 565, 42 Stat. 979. That

section was superseded by section 565 of act June 17, 1930,

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

1930 act.

Act June 22, 1874, ch. 391, Sec. 25, 18 Stat. 191, required

cartage of merchandise in the custody of the government to be let

to the lowest responsible bidder, prior to repeal by act Sept. 21,

1922, ch. 356, title IV, Sec. 643, 42 Stat. 989.

AMENDMENTS

1993 - Pub. L. 103-182 amended first sentence generally. Prior

to amendment, first sentence read as follows: ''The cartage of

merchandise entered for warehouse shall be done by cartmen to be

appointed and licensed by the appropriate customs officer and who

shall give a bond in a penal sum to be fixed by such customs

officer, for the protection of the Government against any loss of,

or damage to, such merchandise while being so carted.''

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

customs officer of customs officer for references to collector of

customs or collector wherever appearing.

EFFECTIVE DATE OF 1970 AMENDMENT

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

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

title.

-TRANS-

TRANSFER OF FUNCTIONS

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

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

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

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

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

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

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

-CITE-

19 USC Part V - Enforcement Provisions 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

.

-HEAD-

Part V - Enforcement Provisions

-CITE-

19 USC Sec. 1581 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1581. Boarding vessels

-STATUTE-

(a) Customs officers

Any officer of the customs may at any time go on board of any

vessel or vehicle at any place in the United States or within the

customs waters or, as he may be authorized, within a

customs-enforcement area established under the Anti-Smuggling Act

(19 U.S.C. 1701 et seq.), or at any other authorized place, without

as well as within his district, and examine the manifest and other

documents and papers and examine, inspect, and search the vessel or

vehicle and every part thereof and any person, trunk, package, or

cargo on board, and to this end may hail and stop such vessel or

vehicle, and use all necessary force to compel compliance.

(b) Officers of Department of the Treasury

Officers of the Department of the Treasury and other persons

authorized by such department may go on board of any vessel at any

place in the United States or within the customs waters and hail,

stop, and board such vessel in the enforcement of the navigation

laws and arrest or, in case of escape or attempted escape, pursue

and arrest any person engaged in the breach or violation of the

navigation laws.

(c) Penalty for presenting forged, altered, or false documents

Any master of a vessel being examined as herein provided, who

presents any forged, altered, or false document or paper to the

examining officer, knowing the same to be forged, altered, or false

and without revealing the fact shall, in addition to any forfeiture

to which in consequence the vessel may be subject, be liable to a

fine of not more than $5,000 nor less than $500.

(d) Penalty for failure to stop at command

Any vessel or vehicle which, at any authorized place, is directed

to come to a stop by any officer of the customs, or is directed to

come to a stop by signal made by any vessel employed in the service

of the customs and displaying proper insignia, shall come to a

stop, and upon failure to comply a vessel or vehicle so directed to

come to a stop shall become subject to pursuit and the master,

owner, operator, or person in charge thereof shall be liable to a

penalty of not more than $5,000 nor less than $1,000.

(e) Seizure of vessel or merchandise

If upon the examination of any vessel or vehicle it shall appear

that a breach of the laws of the United States is being or has been

committed so as to render such vessel or vehicle, or the

merchandise, or any part thereof, on board of, or brought into the

United States by, such vessel or vehicle, liable to forfeiture or

to secure any fine or penalty, the same shall be seized and any

person who has engaged in such breach shall be arrested.

(f) Duty of customs officers to seize vessel

It shall be the duty of the several officers of the customs to

seize and secure any vessel, vehicle, or merchandise which shall

become liable to seizure, and to arrest any person who shall become

liable to arrest, by virtue of any law respecting the revenue, as

well without as within their respective districts, and to use all

necessary force to seize or arrest the same.

(g) Vessels deemed employed within United States

Any vessel, within or without the customs waters, from which any

merchandise is being, or has been, unlawfully introduced into the

United States by means of any boat belonging to, or owned,

controlled, or managed in common with, said vessel, shall be deemed

to be employed within the United States and, as such, subject to

the provisions of this section.

(h) Application of section to treaties of United States

The provisions of this section shall not be construed to

authorize or require any officer of the United States to enforce

any law of the United States upon the high seas upon a foreign

vessel in contravention of any treaty with a foreign government

enabling or permitting the authorities of the United States to

board, examine, search, seize, or otherwise to enforce upon said

vessel upon the high seas the laws of the United States except as

such authorities are or may otherwise be enabled or permitted under

special arrangement with such foreign government.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 581, 46 Stat. 747; Aug. 5,

1935, ch. 438, title II, Sec. 203, 49 Stat. 521; 1946 Reorg. Plan

No. 3, Sec. 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat.

1097; Sept. 1, 1954, ch. 1213, title V, Sec. 504, 68 Stat. 1141.)

-REFTEXT-

REFERENCES IN TEXT

The Anti-Smuggling Act, referred to in subsec. (a), is act Aug.

5, 1935, ch. 438, 49 Stat. 517, as amended, which is classified

principally to chapter 5 (Sec. 1701 et seq.) of this title. For

complete classification of this Act to the Code, see section 1711

of this title and Tables.

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

generally to Title 33, Navigation and Navigable Waters.

For definition of officer of the customs used in text, see

section 1401 of this title.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 581, 42 Stat. 979. That

section was superseded by section 581 of act June 17, 1930,

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

1930 act.

Prior provisions dealing with the subject matter of this section

were contained in R.S. Sec. 3059, conferring powers similar in most

respects to those conferred by this section, so far as it relates

to vessels, on any officer of the customs, including inspectors and

occasional inspectors, or of a revenue cutter, or authorized agent

of the Treasury Department, or other persons specially appointed in

writing; section 3060, requiring appointments under the preceding

section to be filed in the custom house; section 3067, authorizing

collectors, etc., and officers of revenue cutters to go on board

vessels in port or within four leagues of the coast, for the

purpose of demanding manifests, and examining and searching

vessels; and section 3069, relative to noting and sealing, if

necessary, packages found separate from the residue of the cargo.

All of these sections were repealed by act Sept. 21, 1922, ch. 356,

title IV, Sec. 642, 42 Stat. 989.

AMENDMENTS

1954 - Subsec. (d). Act Sept. 1, 1954, provided a penalty against

the owner, operator or person in charge, as well as the master, of

a vessel failing to come to a required stop and struck out

provisions relating to the duty of the customs officers to pursue

such vessels.

1935 - Act Aug. 5, 1935, amended section generally among which

changes it subdivided the section into subsecs. (a) to (h),

inclusive.

-TRANS-

TRANSFER OF FUNCTIONS

Word ''Treasury'' was substituted for ''Commerce'' in subsection

(b) upon authority of Reorg. Plan No. 3 of 1946. See note set out

under section 1613 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1587, 1703 of this title.

-CITE-

19 USC Sec. 1582 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1582. Search of persons and baggage; regulations

-STATUTE-

The Secretary of the Treasury may prescribe regulations for the

search of persons and baggage and he is authorized to employ female

inspectors for the examination and search of persons of their own

sex; and all persons coming into the United States from foreign

countries shall be liable to detention and search by authorized

officers or agents of the Government under such regulations.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 582, 46 Stat. 748.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

R.S. Sec. 3064, which was superseded by act Sept. 21, 1922, ch.

356, title IV, Sec. 582, 42 Stat. 979, and was repealed by section

642 thereof. Section 582 of the 1922 act was superseded by section

582 of act June 17, 1930, comprising this section, and repealed by

section 651(a)(1) of the 1930 act.

-CITE-

19 USC Sec. 1583 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1583. Examination of outbound mail

-STATUTE-

(a) Examination

(1) In general

For purposes of ensuring compliance with the Customs laws of

the United States and other laws enforced by the Customs Service,

including the provisions of law described in paragraph (2), a

Customs officer may, subject to the provisions of this section,

stop and search at the border, without a search warrant, mail of

domestic origin transmitted for export by the United States

Postal Service and foreign mail transiting the United States that

is being imported or exported by the United States Postal

Service.

(2) Provisions of law described

The provisions of law described in this paragraph are the

following:

(A) Section 5316 of title 31 (relating to reports on

exporting and importing monetary instruments).

(B) Sections 1461, 1463, 1465, and 1466, and chapter 110 of

title 18 (relating to obscenity and child pornography).

(C) Section 953 of title 21 (relating to exportation of

controlled substances).

(D) The Export Administration Act of 1979 (50 U.S.C. App.

2401 et seq.).

(E) Section 2778 of title 22.

(F) The International Emergency Economic Powers Act (50

U.S.C. 1701 et seq.).

(b) Search of mail not sealed against inspection and other mail

Mail not sealed against inspection under the postal laws and

regulations of the United States, mail which bears a Customs

declaration, and mail with respect to which the sender or addressee

has consented in writing to search, may be searched by a Customs

officer.

(c) Search of mail sealed against inspection weighing in excess of

16 ounces

(1) In general

Mail weighing in excess of 16 ounces sealed against inspection

under the postal laws and regulations of the United States may be

searched by a Customs officer, subject to paragraph (2), if there

is reasonable cause to suspect that such mail contains one or

more of the following:

(A) Monetary instruments, as defined in section 1956 of title

18.

(B) A weapon of mass destruction, as defined in section

2332a(b) (FOOTNOTE 1) of title 18.

(FOOTNOTE 1) See References in Text note below.

(C) A drug or other substance listed in schedule I, II, III,

or IV in section 812 of title 21.

(D) National defense and related information transmitted in

violation of any of sections 793 through 798 of title 18.

(E) Merchandise mailed in violation of section 1715 or 1716

of title 18.

(F) Merchandise mailed in violation of any provision of

chapter 71 (relating to obscenity) or chapter 110 (relating to

sexual exploitation and other abuse of children) of title 18.

(G) Merchandise mailed in violation of the Export

Administration Act of 1979 (50 U.S.C. App. 2401 et seq.).

(H) Merchandise mailed in violation of section 2778 of title

22.

(I) Merchandise mailed in violation of the International

Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).

(J) Merchandise mailed in violation of the Trading with the

Enemy Act (50 U.S.C. App. 1 et seq.).

(K) Merchandise subject to any other law enforced by the

Customs Service.

(2) Limitation

No person acting under the authority of paragraph (1) shall

read, or authorize any other person to read, any correspondence

contained in mail sealed against inspection unless prior to so

reading -

(A) a search warrant has been issued pursuant to rule 41 of

the Federal Rules of Criminal Procedure; or

(B) the sender or addressee has given written authorization

for such reading.

(d) Search of mail sealed against inspection weighing 16 ounces or

less

Notwithstanding any other provision of this section, subsection

(a)(1) of this section shall not apply to mail weighing 16 ounces

or less sealed against inspection under the postal laws and

regulations of the United States.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 583, as added Pub. L.

107-210, div. A, title III, Sec. 344(a), Aug. 6, 2002, 116 Stat.

986.)

-REFTEXT-

REFERENCES IN TEXT

The Customs laws of the United States, referred to in subsec.

(a)(1), are classified generally to this title.

The Export Administration Act of 1979, referred to in subsecs.

(a)(2)(D) and (c)(1)(G), is Pub. L. 96-72, Sept. 29, 1979, 93 Stat.

503, as amended, which is classified principally to section 2401 et

seq. of Title 50, Appendix, War and National Defense. For complete

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

out under section 2401 of Title 50, Appendix, and Tables.

The International Emergency Economic Powers Act, referred to in

subsecs. (a)(2)(F) and (c)(1)(I), is title II of Pub. L. 95-223,

Dec. 28, 1977, 91 Stat. 1626, as amended, which is classified

generally to chapter 35 (Sec. 1701 et seq.) of Title 50, War and

National Defense. For complete classification of this Act to the

Code, see Short Title note set out under section 1701 of Title 50

and Tables.

Section 2332a(b) of title 18, referred to in subsec. (c)(1)(B),

does not define the term ''weapon of mass destruction''. However,

that term is defined elsewhere in that section.

The Trading with the Enemy Act, referred to in subsec. (c)(1)(J),

is act Oct. 6, 1917, ch. 106, 40 Stat. 411, as amended, which is

classified to sections 1 to 6, 7 to 39 and 41 to 44 of Title 50,

Appendix, War and National Defense. For complete classification of

this Act to the Code, see Tables.

Rule 41 of the Federal Rules of Criminal Procedure, referred to

in subsec. (c)(2)(A), is set out in the Appendix to Title 18,

Crimes and Criminal Procedure.

-MISC2-

PRIOR PROVISIONS

A prior section 1583, acts June 17, 1930, ch. 497, title IV, Sec.

583, 46 Stat. 748; Aug. 2, 1956, ch. 887, Sec. 4(c), 70 Stat. 948,

related to delivery and certification of manifest, prior to repeal

by Pub. L. 103-182, title VI, Sec. 690(b)(9), Dec. 8, 1993, 107

Stat. 2223.

EFFECTIVE DATE

Pub. L. 107-210, div. A, title III, Sec. 344(c), Aug. 6, 2002,

116 Stat. 987, provided that:

''(1) In general. - Except as provided in paragraph (2), this

section (enacting this section and provisions set out as a note

under this section) and the amendments made by this section shall

take effect on the date of enactment of this Act (Aug. 6, 2002).

''(2) Certification with respect to foreign mail. - The

provisions of section 583 of the Tariff Act of 1930 (this section)

relating to foreign mail transiting the United States that is

imported or exported by the United States Postal Service shall not

take effect until the Secretary of State certifies to Congress,

pursuant to subsection (b) (set out as a note below), that the

application of such section 583 is consistent with international

law and any international obligation of the United States.''

-TRANS-

TRANSFER OF FUNCTIONS

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

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

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

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

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

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

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

-MISC5-

CERTIFICATION BY SECRETARY

Pub. L. 107-210, div. A, title III, Sec. 344(b), Aug. 6, 2002,

116 Stat. 987, provided that: ''Not later than 3 months after the

date of enactment of this section (Aug. 6, 2002), the Secretary of

State shall determine whether the application of section 583 of the

Tariff Act of 1930 (this section) to foreign mail transiting the

United States that is imported or exported by the United States

Postal Service is being handled in a manner consistent with

international law and any international obligation of the United

States. Section 583 of such Act shall not apply to such foreign

mail unless the Secretary certifies to Congress that the

application of such section 583 is consistent with international

law and any international obligation of the United States.''

-CITE-

19 USC Sec. 1584 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1584. Falsity or lack of manifest; penalties

-STATUTE-

(a) General rule

(1) Any master of any vessel and any person in charge of any

vehicle bound to the United States who does not produce the

manifest to the officer (whether of the Customs Service or the

Coast Guard) demanding the same shall be liable to a penalty of

$1,000, and if any merchandise, including sea stores, is found on

board of or after having been unladen from such vessel or vehicle

which is not included or described in said manifest or does not

agree therewith, the master of such vessel or the person in charge

of such vehicle or the owner of such vessel or vehicle or any

person directly or indirectly responsible for any discrepancy

between the merchandise and said manifest shall be liable to a

penalty equal to the lesser of $10,000 or the domestic value of the

merchandise so found or unladen, and any such merchandise belonging

or consigned to the master or other officer or to any of the crew

of such vessel, or to the owner or person in charge of such

vehicle, shall be subject to forfeiture, and if any merchandise

described in such manifest is not found on board the vessel or

vehicle the master or other person in charge or the owner of such

vessel or vehicle or any person directly or indirectly responsible

for any discrepancy between the merchandise and said manifest shall

be subject to a penalty of $1,000: Provided, That if the Customs

Service shall be satisfied that the manifest was lost or mislaid

without intentional fraud, or was defaced by accident, or is

incorrect by reason of clerical error or other mistake and that no

part of the merchandise not found on board was unshipped or

discharged except as specified in the report of the master, said

penalties shall not be incurred. For purposes of this subsection,

the term ''clerical error'' means a nonnegligent, inadvertent, or

typographical mistake in the preparation, assembly, or submission

(electronically or otherwise) of the manifest.

(2) If any of such merchandise so found consists of heroin,

morphine, cocaine, isonipecaine, or opiate, the master of such

vessel or person in charge of such vehicle or the owner of such

vessel or vehicle or any person directly or indirectly responsible

for heroin, morphine, cocaine, isonipecaine, or opiate being in

such merchandise shall be liable to a penalty of $1,000 for each

ounce thereof so found. If any of such merchandise so found

consists of smoking opium, opium prepared for smoking, or

marihuana, the master of such vessel or person in charge of such

vehicle or the owner of such vessel or vehicle or any person

directly or indirectly responsible for smoking opium, opium

prepared for smoking, or marihuana being in such merchandise shall

be liable to a penalty of $500 for each ounce thereof so found. If

any of such merchandise so found consists of crude opium, the

master of such vessel or person in charge of such vehicle or the

owner of such vessel or vehicle or any person directly or

indirectly responsible for crude opium being in such merchandise

shall be liable to a penalty of $200 for each ounce thereof so

found. Such penalties shall, notwithstanding the proviso in

section 1594 of this title (relating to the immunity of vessels or

vehicles used as common carriers), constitute a lien upon such

vessel which may be enforced by a libel in rem; except that the

master or owner of a vessel used by any person as a common carrier

in the transaction of business as such common carrier shall not be

liable to such penalties and the vessel shall not be held subject

to the lien, if it appears to the satisfaction of the court that

neither the master nor any of the officers (including licensed and

unlicensed officers and petty officers) nor the owner of the vessel

knew, and could not, by the exercise of the highest degree of care

and diligence, have known, that such narcotic drugs were on board.

Clearance of any such vessel may be withheld until such penalties

are paid or until a bond, satisfactory to the Customs Service, is

given for the payment thereof. The provisions of this paragraph

shall not prevent the forfeiture of any such vessel or vehicle

under any other provision of law. As used in this paragraph, the

terms ''opiate'' and ''marihuana'' shall have the same meaning

given those terms by sections 802(18) and 802(16), respectively, of

title 21.

(3) If any of such merchandise (sea stores excepted), the

importation of which into the United States is prohibited, be so

found upon any vessel not exceeding five hundred net tons, the

vessel shall, in addition to any other penalties herein or by law

provided, be seized and forfeited.

(b) Procedures

(1) If the Customs Service has reasonable cause to believe that

there has been a violation of subsection (a)(1) of this section and

determines that further proceedings are warranted, the Customs

Service shall issue or electronically transmit to the person

concerned a notice of intent to issue or electronically transmit a

claim for a monetary penalty. Such notice shall -

(A) describe the merchandise;

(B) set forth the details of the error in the manifest;

(C) specify all laws and regulations allegedly violated;

(D) disclose all the material facts which establish the alleged

violation;

(E) state the estimated loss of lawful duties, if any, and,

taking into account all of the circumstances, the amount of the

proposed monetary penalty; and

(F) inform such person that he will have a reasonable

opportunity to make representations, both oral and written, as to

why such penalty claim should not be issued.

No notice is required under this subsection for any violation of

subsection (a)(1) of this section for which the proposed penalty is

$1,000 or less.

(2) After considering representations, if any, made by the person

concerned pursuant to the notice issued under paragraph (1), the

Customs Service shall determine whether any violation of subsection

(a)(1) of this section, as alleged in the notice, has occurred. If

the Customs Service determines that there was no violation, the

Customs Service shall promptly issue or electronically transmit a

statement of the determination to the person to whom the notice was

sent. If the Customs Service determines that there was a

violation, the Customs Service shall issue or electronically

transmit a penalty claim to such person. The penalty claim shall

specify all changes in the information provided under subparagraphs

(A) through (E) of paragraph (1).

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 584, 46 Stat. 748; Aug. 5,

1935, ch. 438, title II, Sec. 204, 49 Stat. 523; July 1, 1944, ch.

377, Sec. 10, 58 Stat. 722; Mar. 8, 1946, ch. 81, Sec. 9, 60 Stat.

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

287; Pub. L. 91-513, title III, Sec. 1102(m), Oct. 27, 1970, 84

Stat. 1293; Pub. L. 95-410, title I, Sec. 109, Oct. 3, 1978, 92

Stat. 892; Pub. L. 99-570, title III, Sec. 3118, Oct. 27, 1986, 100

Stat. 3207-84; Pub. L. 103-182, title VI, Sec. 619, Dec. 8, 1993,

107 Stat. 2180; Pub. L. 106-36, title I, Sec. 1001(b)(7), June 25,

1999, 113 Stat. 132.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 584, 42 Stat. 980. Section

584 of the 1922 act was superseded by section 584 of act June 17,

1930, comprising this section, and repealed by section 651(a)(1) of

the 1930 act.

Prior provisions dealing with the subject matter of this section

were contained in R.S. Sec. 2809, imposing a penalty and providing

for forfeiture for bringing in merchandise not included in the

manifest, or without a manifest; section 2810, as amended by act

Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 246, making an exception in

case of mistake or accident, etc.; section 2814, imposing penalties

for failing to produce, or deliver copies of the manifests, etc.;

section 2815, requiring officers to report violations; section

2887, imposing a penalty if any package reported was not found, or

if the merchandise did not agree with the report or manifest, etc.

All of these sections were repealed by act Sept. 21, 1922, ch. 356,

title IV, Sec. 642, 42 Stat. 989.

AMENDMENTS

1999 - Subsec. (a)(2). Pub. L. 106-36, Sec. 1001(b)(7)(A), in

last sentence, substituted ''802(18) and 802(16), respectively, of

title 21'' for ''802(17) and 802(15), respectively, of title 21''.

Subsec. (a)(3). Pub. L. 106-36, Sec. 1001(b)(7)(B), struck out

''or which consists of any spirits, wines, or other alcoholic

liquors for the importation of which into the United States a

certificate is required under section 1707 of this title and the

required certificate be not shown,'' after ''United States is

prohibited,'' and substituted period at end for '', and, if any

manifested merchandise (sea stores excepted) consisting of any such

spirits, wines, or other alcoholic liquors be found upon any such

vessel and the required certificate be not shown, the master of the

vessel shall be liable to the penalty herein provided in the case

of merchandise not duly manifested: Provided, That if the Customs

Service shall be satisfied that the certificate required for the

importation of any spirits, wines, or other alcoholic liquors was

issued and was lost or mislaid without intentional fraud, or was

defaced by accident, or is incorrect by reason of clerical error or

other mistake, said penalties shall not be incurred.''

1993 - Subsec. (a)(1). Pub. L. 103-182, Sec. 619(1), substituted

''officer (whether of the Customs Service or the Coast Guard)

demanding the same'' for ''officer demanding the same'' and

''Customs Service shall be satisfied'' for ''appropriate customs

officer shall be satisfied'' and inserted ''(electronically or

otherwise)'' after ''submission'' in last sentence.

Subsec. (a)(2), (3). Pub. L. 103-182, Sec. 619(1)(A), substituted

''Customs Service'' for ''appropriate customs officer'' wherever

appearing.

Subsec. (b)(1). Pub. L. 103-182, Sec. 619(2), substituted ''If

the Customs Service'' for ''If the appropriate customs officer''

and ''the Customs Service shall issue or electronically transmit to

the person concerned a notice of intent to issue or electronically

transmit a claim'' for ''he shall issue to the person concerned a

written notice of his intention to issue a claim''.

Subsec. (b)(2). Pub. L. 103-182, Sec. 619(2)(A)-(C), substituted

''the Customs Service shall determine'' for ''the appropriate

customs officer shall determine'', ''the Customs Service determines

that there was no violation, the Customs Service shall promptly

issue or electronically transmit a statement'' for ''such officer

determines that there was no violation, he shall promptly issue a

written statement'', ''the Customs Service determines that there

was a violation, the Customs Service shall issue or electronically

transmit a penalty claim'' for ''such officer determines that there

was a violation, he shall issue a written penalty claim'' and ''The

penalty claim shall specify'' for ''The written penalty claim shall

specify''.

1986 - Subsec. (a)(1). Pub. L. 99-570, Sec. 3118(1), substituted

''$1,000'' for ''$500'' in two places.

Subsec. (a)(2). Pub. L. 99-570, Sec. 3118(2)-(4), substituted

''$1,000'' for ''$50'', ''$500'' for ''$25'', and ''$200'' for

''$10''.

Subsec. (b)(1). Pub. L. 99-570, Sec. 3118(1), substituted

''$1,000'' for ''$500''.

1978 - Subsec. (a)(1). Pub. L. 95-410, Sec. 109(1)(A), (2)-(4),

inserted introductory heading ''(a) General Rule. - '', designated

unnumbered first par. as par. (1), substituted for merchandise

found or unladen but not included or described in the manifest a

penalty the lesser of $10,000 or the domestic value of the

merchandise for prior penalty equal to the value of the merchandise

so found or unladen, made the above penalty and penalty of $500 for

describing merchandise in the manifest without being found aboard

the vessel or vehicle applicable to any person directly or

indirectly responsible for any discrepancy between the merchandise

and the manifest, and defined the term ''clerical error''.

Subsec. (a)(2). Pub. L. 95-410, Sec. 109(1)(B), (5)-(7),

designated unnumbered second par. as par. (2) and made the

penalties of $50, $25, and $10 applicable to any person directly or

indirectly responsible, respectively, for: heroin, morphine,

cocaine, isonipecaine, or opiate being in the merchandise; smoking

opium, opium prepared for smoking, or marihuana being in the

merchandise; and crude opium being in the merchandise.

Subsec. (a)(3). Pub. L. 95-410, Sec. 109(1)(C), designated

unnumbered third par. as par. (3).

Subsec. (b). Pub. L. 95-410, Sec. 109(8), added subsec. (b).

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

customs officer for references to collector wherever appearing.

Par. (2). Pub. L. 91-513 struck out ''isonipecaine'' from list of

defined substances and substituted sections 802(17) and 802(15) of

title 21 for sections 3228(e), 3228(f), and 3238(b) of title 26 as

the sections where definitions referred to are to be found.

1946 - Par. (2). Act Mar. 8, 1946, struck out ''or'' before

''isonipecaine'' and inserted ''or opiate'', after ''isonipecaine''

in first sentence, inserted ''opiate'' after ''isonipecaine'' and

inserted ''3228(f)'' in last sentence.

1944 - Par. (2). Act July 1, 1944, struck out ''or'' before

''cocaine,'' and inserted ''or isonipecaine'' after ''cocaine'' in

first sentence, struck ''or'' before ''or opium prepared'' and

inserted a comma in lieu thereof, inserted ''or Marihuana'' after

''prepared for smoking'' in second sentence, and inserted last

sentence.

1935 - Act Aug. 5, 1935, amended second par. and inserted last

par.

EFFECTIVE DATE OF 1970 AMENDMENTS

Amendment by Pub. L. 91-513 effective on first day of the seventh

calendar month that begins after Oct. 26, 1970, see section 1105(a)

of Pub. L. 91-513, set out as an Effective Date note under section

951 of Title 21, Food and Drugs.

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.

SAVINGS PROVISION

Prosecutions for any violation of law occurring, and civil

seizures or forfeitures and injunctive proceedings commenced, prior

to the effective date of amendment of this section by section 1102

of Pub. L. 91-513 not to be affected or abated by reason thereof,

see section 1103 of Pub. L. 91-513, set out as a note under section

171 of Title 21, Food and Drugs.

-TRANS-

TRANSFER OF FUNCTIONS

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

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

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

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

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

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

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

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

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC5-

STANDARDS OF CARE IN DISCOVERING CONTRABAND

Pub. L. 100-690, title VII, Sec. 7369, Nov. 18, 1988, 102 Stat.

4481, directed Secretary of the Treasury, no later than 120 days

after Nov. 18, 1988, and after an opportunity for public comment,

to prescribe regulations which set forth criteria for use by the

owner, master, pilot, operator, or officer of, or other employee in

charge of, any common carrier in meeting the standards under

sections 1584(a)(2) and 1594(c) of this title for the exercise of

the highest degree of care and diligence to know whether controlled

substances imported into the United States are on board the common

carrier and, within 6 months after Nov. 18, 1988, to issue

controlled substances regulations for a 2-year demonstration

program to establish procedures for air carrier development and

Customs Service approval of foreign and domestic security and

inspection practices by permitting air carriers to request the

Secretary of the Treasury to permit air carriers, the Customs

Service, or an approved agent of the Customs Service to inspect at

United States airports of entry, and aircraft arriving from foreign

locations.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1436, 1644a of this

title.

-CITE-

19 USC Sec. 1585 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1585. Repealed. Pub. L. 103-182, title VI, Sec. 690(b)(10),

Dec. 8, 1993, 107 Stat. 2223

-MISC1-

Section, acts June 17, 1930, ch. 497, title IV, Sec. 585, 46

Stat. 749; Aug. 5, 1935, ch. 438, title III, Sec. 303, 49 Stat.

527; Oct. 27, 1986, Pub. L. 99-570, title III, Sec. 3113(b), 100

Stat. 3207-82, set forth penalties assessed when vessel or vehicle

from foreign port or place departed or unloaded merchandise before

making report or entry.

-CITE-

19 USC Sec. 1586 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1586. Unlawful unlading or transshipment

-STATUTE-

(a) Penalty for unlading prior to grant of permission

The master of any vessel from a foreign port or place, or of a

hovering vessel which has received or delivered merchandise while

outside the territorial sea, who allows any merchandise (including

sea stores) to be unladen from such vessel at any time after its

arrival within the customs waters and before such vessel has come

to the proper place for the discharge of such merchandise, and

before he has received a permit to unlade, shall be liable to a

penalty equal to twice the value of the merchandise but not less

than $10,000, and such vessel and its cargo and the merchandise so

unladen shall be seized and forfeited.

(b) Penalty for transshipment to any vessel for purpose of unlawful

entry

The master of any vessel from a foreign port or place, or of a

hovering vessel which has received or delivered merchandise while

outside the territorial sea, who allows any merchandise (including

sea stores), the importation of which into the United States is

prohibited, or which consists of any spirits, wines, or other

alcoholic liquors, to be unladen from his vessel at any place upon

the high seas adjacent to the customs waters of the United States

to be transshipped to or placed in or received on any vessel of any

description, with knowledge, or under circumstances indicating the

purpose to render it possible, that such merchandise, or any part

thereof, may be introduced, or attempted to be introduced, into the

United States in violation of law, shall be liable to a penalty

equal to twice the value of the merchandise but not less than

$10,000, and the vessel from which the merchandise is so unladen,

and its cargo and such merchandise, shall be seized and forfeited.

(c) Penalty for unlawful transshipment to any vessel of United

States

The master of any vessel from a foreign port or place, or of a

hovering vessel which has received or delivered merchandise while

outside the territorial sea, who allows any merchandise (including

sea stores) destined to the United States, the importation of which

into the United States is prohibited, or which consists of any

spirits, wines, or other alcoholic liquors, to be unladen, without

permit to unlade, at any place upon the high seas adjacent to the

customs waters of the United States, to be transshipped to or

placed in or received on any vessel of the United States or any

other vessel which is owned by any person a citizen of, or

domiciled in, the United States, or any corporation incorporated in

the United States, shall be liable to a penalty equal to twice the

value of the merchandise but not less than $10,000, and the vessel

from which the merchandise is so unladen, and its cargo and such

merchandise, shall be seized and forfeited.

(d) Liability of master of receiving vessel in unlawful

transshipment

If any merchandise (including sea stores) unladen in violation of

the provisions of this section is transshipped to or placed in or

received on any other vessel, the master of the vessel on which

such merchandise is placed, and any person aiding or assisting

therein, shall be liable to a penalty equal to twice the value of

the merchandise, but not less than $10,000, and such vessel, and

its cargo and such merchandise, shall be seized and forfeited.

(e) Imprisonment of persons aiding in unlawful unlading or

transshipment

Whoever, at any place, if a citizen of the United States, or at

any place in the United States or within customs waters, if a

foreign national, shall engage or aid or assist in any unlading or

transshipment of any merchandise in consequence of which any vessel

becomes subject to forfeiture under the provisions of this section

shall, in addition to any other penalties provided by law, be

liable to imprisonment for not more than 15 years.

(f) Unlading or transshipment because of accident, stress of

weather, etc.

Whenever any part of the cargo or stores of a vessel has been

unladen or transshipped because of accident, stress of weather, or

other necessity, the master of such vessel and the master of any

vessel to which such cargo or stores has been transshipped shall,

as soon as possible thereafter, notify the Customs Service at the

district within which such unlading or transshipment has occurred,

or the Customs Service at the district at which such vessel shall

first arrive thereafter, and shall furnish proof that such unlading

or transshipment was made necessary by accident, stress of weather,

or other unavoidable cause, and if the Customs Service is satisfied

that the unlading or transshipment was in fact due to accident,

stress of weather, or other necessity, the penalties described in

this section shall not be incurred.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 586, 46 Stat. 749; Aug. 5,

1935, ch. 438, title II, Sec. 205, 49 Stat. 524; Pub. L. 91-271,

title III, Sec. 301(b), June 2, 1970, 84 Stat. 287; Pub. L. 99-570,

title III, Sec. 3119, Oct. 27, 1986, 100 Stat. 3207-84; Pub. L.

103-182, title VI, Sec. 620, Dec. 8, 1993, 107 Stat. 2180.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 586, 587, 42 Stat. 980,

981. These sections were superseded by section 586 of act June 17,

1930, comprising this section, and repealed by section 651(a)(1) of

the 1930 act.

Provisions somewhat similar to those in this section, but

applicable only to vessels ''bound to the United States'' were

contained in R.S. Sec. 2867, prior to repeal by act Sept. 21, 1922,

ch. 356, title IV, Sec. 642, 42 Stat. 989.

Provisions substantially the same in effect as those contained in

the act of 1922, Sec. 587, except that the penalty was treble the

value of the merchandise, and the provision for forfeiture applied

only to the vessel was contained in R.S. Sec. 2868, prior to repeal

by act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42 Stat. 989.

AMENDMENTS

1993 - Subsecs. (a) to (c). Pub. L. 103-182, Sec. 620(1),

inserted '', or of a hovering vessel which has received or

delivered merchandise while outside the territorial sea,'' after

''from a foreign port or place''.

Subsec. (f). Pub. L. 103-182, Sec. 620(2), substituted ''the

Customs Service at the district'' for ''the appropriate customs

officer of the district'' and ''the appropriate customs officer

within the district'' and ''the Customs Service is satisfied'' for

''the appropriate customs officer is satisfied''.

1986 - Subsecs. (a) to (d). Pub. L. 99-570, Sec. 3119(1),

substituted ''$10,000'' for ''$1,000'' wherever appearing.

Subsec. (e). Pub. L. 99-570, Sec. 3119(2)(A), substituted

''customs waters'' for ''one league of the coast of the United

States''.

Pub. L. 99-570, Sec. 3119(2)(B), which directed that ''15 years''

be substituted for ''2 years'' was executed by making the

substitution for ''two years'' as the probable intent of Congress.

1970 - Subsec. (f). Pub. L. 91-271 substituted references to

appropriate customs officer for references to collector wherever

appearing.

1935 - Act Aug. 5, 1935, redesignated existing provisions as

subsecs. (a) and (f) and added subsecs. (b) to (e).

EFFECTIVE DATE OF 1970 AMENDMENT

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

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

title.

-TRANS-

TRANSFER OF FUNCTIONS

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

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

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

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

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

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

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

-CITE-

19 USC Sec. 1587 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1587. Examination of hovering vessels

-STATUTE-

(a) Boarding and examination

Any hovering vessel, or any vessel which fails (except for

unavoidable cause), at any place within the customs waters or

within a customs-enforcement area established under the

Anti-Smuggling Act (19 U.S.C. 1701 et seq.), to display lights as

required by law, or which has become subject to pursuit as provided

in section 1581 of this title, or which, being a foreign vessel to

which subsection (h) of section 1581 of this title applies, is

permitted by special arrangement with a foreign government to be so

examined without the customs waters of the United States, may at

any time be boarded and examined by any officer of the customs, and

the provisions of said section 1581 shall apply thereto, as well

without as within his district, and in examining the same, any such

officer may also examine the master upon oath respecting the cargo

and voyage of the vessel, and may also bring the vessel into the

most convenient port of the United States to examine the cargo, and

if the master of said vessel refuses to comply with the lawful

directions of such officer or does not truly answer such questions

as are put to him respecting the vessel, its cargo, or voyage, he

shall be liable to a penalty of not more than $5,000 nor less than

$500. If, upon the examination of any such vessel or its cargo by

any officer of the customs, any dutiable merchandise destined to

the United States is found, or discovered to have been, on board

thereof, the vessel and its cargo shall be seized and forfeited.

It shall be presumed that any merchandise (sea stores excepted),

the importation of which into the United States is prohibited, or

which consists of any spirits, wines, or other alcoholic liquors,

so found, or discovered to have been, on board thereof, is destined

to the United States.

(b) Unexplained lightness of vessel or discharge of cargo

If any vessel laden with cargo be found at any place in the

United States or within the customs waters or within a

customs-enforcement area established under the Anti-Smuggling Act

(19 U.S.C. 1701 et seq.) and such vessel afterwards is found light

or in ballast or having discharged its cargo or any part thereof,

and the master is unable to give a due account of the port or place

at which the cargo, or any part thereof, consisting of any

merchandise the importation of which into the United States is

prohibited or any spirits, wines, or other alcoholic liquors, was

lawfully discharged, the vessel shall be seized and forfeited.

(c) Vessel bona fide bound from one foreign port to another foreign

port

Nothing contained in this section shall be construed to render

any vessel liable to forfeiture which is bona fide bound from one

foreign port to another foreign port, and which is pursuing her

course, wind and weather permitting.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 587, 46 Stat. 749; Aug. 5,

1935, ch. 438, title II, Sec. 206, 49 Stat. 525.)

-REFTEXT-

REFERENCES IN TEXT

The Anti-Smuggling Act, referred to in subsecs. (a) and (b), is

act Aug. 5, 1935, ch. 438, 49 Stat. 517, as amended, which is

classified principally to chapter 5 (Sec. 1701 et seq.) of this

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

section 1711 of this title and Tables.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 588, 42 Stat. 981. That

section was superseded by section 588 of act June 17, 1930,

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

1930 act.

Provisions substantially the same as those in this section,

except that they applied only to ports on the northern,

northeastern and northwestern frontiers, were contained in R.S.

Sec. 3110, prior to repeal by act Sept. 21, 1922, ch. 356, title

IV, Sec. 642, 42 Stat. 989.

AMENDMENTS

1937 - Act Aug. 5, 1935, amended section generally.

-CITE-

19 USC Sec. 1588 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1588. Transportation between American ports via foreign ports

-STATUTE-

If any merchandise is laden at any port or place in the United

States upon any vessel belonging wholly or in part to a subject of

a foreign country, and is taken thence to a foreign port or place

to be reladen and reshipped to any other port in the United States,

either by the same or by another vessel, foreign or American, with

intent to evade the provisions relating to the transportation of

merchandise from one port or place of the United States to another

port or place of the United States in a vessel belonging wholly or

in part to a subject of any foreign power, the merchandise shall,

on its arrival at such last-named port or place, be seized and

forfeited to the United States, and the vessel shall pay a tonnage

duty of 50 cents per net ton.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 588, 46 Stat. 749.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1554 of this title.

-CITE-

19 USC Sec. 1589 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1589. Repealed. Pub. L. 100-690, title VII, Sec. 7367(c)(5),

Nov. 18, 1988, 102 Stat. 4480

-MISC1-

Section, act June 17, 1930, ch. 497, title IV, Sec. 589, as added

Oct. 12, 1984, Pub. L. 98-473, title II, Sec. 320, 98 Stat. 2056,

set forth arrest authority of customs officers.

-COD-

CODIFICATION

Another section 589 of act June 17, 1930, was added by Pub. L.

98-573, title II, Sec. 213(a)(17), Oct. 30, 1984, 98 Stat. 2988,

and is classified to section 1589a of this title.

A prior section 589 of act June 17, 1930, ch. 497, title IV, 46

Stat. 750, related to unlawful relanding and was classified to this

section, prior to repeal by act June 25, 1948, ch. 645, Sec. 21, 62

Stat. 862, eff. Sept. 1, 1948. See section 544 of Title 18, Crimes

and Criminal Procedure.

-CITE-

19 USC Sec. 1589a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1589a. Enforcement authority of customs officers

-STATUTE-

Subject to the direction of the Secretary of the Treasury, an

officer of the customs may -

(1) carry a firearm;

(2) execute and serve any order, warrant, subpena, summons, or

other process issued under the authority of the United States;

(3) make an arrest without a warrant for any offense against

the United States committed in the officer's presence or for a

felony, cognizable under the laws of the United States committed

outside the officer's presence if the officer has reasonable

grounds to believe that the person to be arrested has committed

or is committing a felony; and

(4) perform any other law enforcement duty that the Secretary

of the Treasury may designate.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 589, as added Pub. L.

98-573, title II, Sec. 213(a)(17), Oct. 30, 1984, 98 Stat. 2988.)

-COD-

CODIFICATION

Another section 589 of act June 17, 1930, as added by Pub. L.

98-473, title II, Sec. 320, Oct. 12, 1984, 98 Stat. 2056, was

classified to section 1589 of this title, prior to repeal by Pub.

L. 100-690.

-MISC3-

PRIOR PROVISIONS

A prior section 589 of act June 17, 1930, ch. 497, title IV, 46

Stat. 750, related to unlawful relanding and was classified to this

section, prior to repeal by act June 25, 1948, ch. 645, Sec. 21, 62

Stat. 862, eff. Sept. 1, 1948. See section 544 of Title 18, Crimes

and Criminal Procedure.

EFFECTIVE DATE

Section effective Oct. 15, 1984, see section 214(e) of Pub. L.

98-573, set out as an Effective Date of 1984 Amendment note under

section 1304 of this title.

-CITE-

19 USC Sec. 1590 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1590. Aviation smuggling

-STATUTE-

(a) In general

It is unlawful for the pilot of any aircraft to transport, or for

any individual on board any aircraft to possess, merchandise

knowing, or intending, that the merchandise will be introduced into

the United States contrary to law.

(b) Sea transfers

It is unlawful for any person to transfer merchandise between an

aircraft and a vessel on the high seas or in the customs waters of

the United States if such person has not been authorized by the

Secretary to make such transfer and -

(1) either -

(A) the aircraft is owned by a citizen of the United States

or is registered in the United States, or

(B) the vessel is a vessel of the United States (within the

meaning of section 1703(b) of this title), or

(2) regardless of the nationality of the vessel or aircraft,

such transfer is made under circumstances indicating the intent

to make it possible for such merchandise, or any part thereof, to

be introduced into the United States unlawfully.

(c) Civil penalties

Any person who violates any provision of this section is liable

for a civil penalty equal to twice the value of the merchandise

involved in the violation, but not less than $10,000. The value of

any controlled substance included in the merchandise shall be

determined in accordance with section 1497(b) of this title.

(d) Criminal penalties

In addition to being liable for a civil penalty under subsection

(c) of this section, any person who intentionally commits a

violation of any provision of this section is, upon conviction -

(1) liable for a fine of not more than $10,000 or imprisonment

for not more than 5 years, or both, if none of the merchandise

involved was a controlled substance; or

(2) liable for a fine of not more than $250,000 or imprisonment

for not more than 20 years, or both, if any of the merchandise

involved was a controlled substance.

(e) Seizure and forfeiture

(1) Except as provided in paragraph (2), a vessel or aircraft

used in connection with, or in aiding or facilitating, any

violation of this section, whether or not any person is charged in

connection with such violation, may be seized and forfeited in

accordance with the customs laws.

(2) Paragraph (1) does not apply to a vessel or aircraft operated

as a common carrier.

(f) ''Merchandise'' defined

As used in this section, the term ''merchandise'' means only

merchandise the importation of which into the United States is

prohibited or restricted.

(g) Intent of transfer of merchandise

For purposes of imposing civil penalties under this section, any

of the following acts, when performed within 250 miles of the

territorial sea of the United States, shall be prima facie evidence

that the transportation or possession of merchandise was unlawful

and shall be presumed to constitute circumstances indicating that

the purpose of the transfer is to make it possible for such

merchandise, or any part thereof, to be introduced into the United

States unlawfully, and for purposes of subsection (e) of this

section or section 1595a of this title, shall be prima facie

evidence that an aircraft or vessel was used in connection with, or

to aid or facilitate, a violation of this section:

(1) The operation of an aircraft or a vessel without lights

during such times as lights are required to be displayed under

applicable law.

(2) The presence on an aircraft of an auxiliary fuel tank which

is not installed in accordance with applicable law.

(3) The failure to identify correctly -

(A) the vessel by name or country of registration, or

(B) the aircraft by registration number and country of

registration,

when requested to do so by a customs officer or other government

authority.

(4) The external display of false registration numbers, false

country of registration, or, in the case of a vessel, false

vessel name.

(5) The presence on board of unmanifested merchandise, the

importation of which is prohibited or restricted.

(6) The presence on board of controlled substances which are

not manifested or which are not accompanied by the permits or

licenses required under Single Convention on Narcotic Drugs or

other international treaty.

(7) The presence of any compartment or equipment which is built

or fitted out for smuggling.

(8) The failure of a vessel to stop when hailed by a customs

officer or other government authority.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 590, as added Pub. L.

99-570, title III, Sec. 3120, Oct. 27, 1986, 100 Stat. 3207-84.)

-REFTEXT-

REFERENCES IN TEXT

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

generally to this title.

-MISC2-

PRIOR PROVISIONS

A prior section 1590, act June 17, 1930, ch. 497, title IV, Sec.

590, 46 Stat. 750, related to false drawback claims, prior to

repeal by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, eff.

Sept. 1, 1948. See section 550 of Title 18, Crimes and Criminal

Procedure.

-EXEC-

TERRITORIAL SEA OF UNITED STATES

For extension of territorial sea of United States, see Proc. No.

5928, set out as a note under section 1331 of Title 43, Public

Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 1956.

-CITE-

19 USC Sec. 1591 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1591. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862,

eff. Sept. 1, 1948

-MISC1-

Section, acts June 17, 1930, ch. 497, title IV, Sec. 591, 46

Stat. 750; Aug. 5, 1935, ch. 438, title III, Sec. 304(a), 49 Stat.

527, related to fraud and personal penalties. See section 542 of

Title 18, Crimes and Criminal Procedure.

-CITE-

19 USC Sec. 1592 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1592. Penalties for fraud, gross negligence, and negligence

-STATUTE-

(a) Prohibition

(1) General rule

Without regard to whether the United States is or may be

deprived of all or a portion of any lawful duty, tax, or fee

thereby, no person, by fraud, gross negligence, or negligence -

(A) may enter, introduce, or attempt to enter or introduce

any merchandise into the commerce of the United States by means

of -

(i) any document or electronically transmitted data or

information, written or oral statement, or act which is

material and false, or

(ii) any omission which is material, or

(B) may aid or abet any other person to violate subparagraph

(A).

(2) Exception

Clerical errors or mistakes of fact are not violations of

paragraph (1) unless they are part of a pattern of negligent

conduct. The mere nonintentional repetition by an electronic

system of an initial clerical error does not constitute a pattern

of negligent conduct.

(b) Procedures

(1) Pre-penalty notice

(A) In general

If the Customs Service has reasonable cause to believe that

there has been a violation of subsection (a) of this section

and determines that further proceedings are warranted, it shall

issue to the person concerned a written notice of its intention

to issue a claim for a monetary penalty. Such notice shall -

(i) describe the merchandise;

(ii) set forth the details of the entry or introduction,

the attempted entry or introduction, or the aiding or

procuring of the entry or introduction;

(iii) specify all laws and regulations allegedly violated;

(iv) disclose all the material facts which establish the

alleged violation;

(v) state whether the alleged violation occurred as a

result of fraud, gross negligence, or negligence;

(vi) state the estimated loss of lawful duties, taxes, and

fees, if any, and, taking into account all circumstances, the

amount of the proposed monetary penalty; and

(vii) inform such person that he shall have a reasonable

opportunity to make representations, both oral and written,

as to why a claim for a monetary penalty should not be issued

in the amount stated.

(B) Exceptions

The preceding subparagraph shall not apply if -

(i) the importation with respect to which the violation of

subsection (a) of this section occurs is noncommercial in

nature, or

(ii) the amount of the penalty in the penalty claim issued

under paragraph (2) is $1,000 or less.

(2) Penalty claim

After considering representations, if any, made by the person

concerned pursuant to the notice issued under paragraph (1), the

Customs Service shall determine whether any violation of

subsection (a) of this section, as alleged in the notice, has

occurred. If the Customs Service determines that there was no

violation, it shall promptly issue a written statement of the

determination to the person to whom the notice was sent. If the

Customs Service determines that there was a violation, it shall

issue a written penalty claim to such person. The written

penalty claim shall specify all changes in the information

provided under clauses (i) through (vi) of paragraph (1)(A). Such

person shall have a reasonable opportunity under section 1618 of

this title to make representations, both oral and written,

seeking remission or mitigation of the monetary penalty. At the

conclusion of any proceeding under such section 1618, the Customs

Service shall provide to the person concerned a written statement

which sets forth the final determination and the findings of fact

and conclusions of law on which such determination is based.

(c) Maximum penalties

(1) Fraud

A fraudulent violation of subsection (a) of this section is

punishable by a civil penalty in an amount not to exceed the

domestic value of the merchandise.

(2) Gross negligence

A grossly negligent violation of subsection (a) of this section

is punishable by a civil penalty in an amount not to exceed -

(A) the lesser of -

(i) the domestic value of the merchandise, or

(ii) four times the lawful duties, taxes, and fees of which

the United States is or may be deprived, or

(B) if the violation did not affect the assessment of duties,

40 percent of the dutiable value of the merchandise.

(3) Negligence

A negligent violation of subsection (a) of this section is

punishable by a civil penalty in an amount not to exceed -

(A) the lesser of -

(i) the domestic value of the merchandise, or

(ii) two times the lawful duties, taxes, and fees of which

the United States is or may be deprived, or

(B) if the violation did not affect the assessment of duties,

20 percent of the dutiable value of the merchandise.

(4) Prior disclosure

If the person concerned discloses the circumstances of a

violation of subsection (a) of this section before, or without

knowledge of, the commencement of a formal investigation of such

violation, with respect to such violation, merchandise shall not

be seized and any monetary penalty to be assessed under

subsection (c) of this section shall not exceed -

(A) if the violation resulted from fraud -

(i) an amount equal to 100 percent of the lawful duties,

taxes, and fees of which the United States is or may be

deprived, so long as such person tenders the unpaid amount of

the lawful duties, taxes, and fees at the time of disclosure,

or within 30 days (or such longer period as the Customs

Service may provide) after notice by the Customs Service of

its calculation of such unpaid amount, or

(ii) if such violation did not affect the assessment of

duties, 10 percent of the dutiable value; or

(B) if such violation resulted from negligence or gross

negligence, the interest (computed from the date of liquidation

at the prevailing rate of interest applied under section 6621

of title 26) on the amount of lawful duties, taxes, and fees of

which the United States is or may be deprived so long as such

person tenders the unpaid amount of the lawful duties, taxes,

and fees at the time of disclosure, or within 30 days (or such

longer period as the Customs Service may provide) after notice

by the Customs Service of its calculation of such unpaid

amount.

The person asserting lack of knowledge of the commencement of a

formal investigation has the burden of proof in establishing such

lack of knowledge. For purposes of this section, a formal

investigation of a violation is considered to be commenced with

regard to the disclosing party and the disclosed information on

the date recorded in writing by the Customs Service as the date

on which facts and circumstances were discovered or information

was received which caused the Customs Service to believe that a

possibility of a violation of subsection (a) of this section

existed.

(5) Prior disclosure regarding NAFTA claims

An importer shall not be subject to penalties under subsection

(a) of this section for making an incorrect claim for

preferential tariff treatment under section 3332 of this title if

the importer -

(A) has reason to believe that the NAFTA Certificate of

Origin (as defined in section 1508(b)(1) of this title) on

which the claim was based contains incorrect information; and

(B) in accordance with regulations issued by the Secretary,

voluntarily and promptly makes a corrected declaration and pays

any duties owing.

(6) Seizure

If the Secretary has reasonable cause to believe that a person

has violated the provisions of subsection (a) of this section and

that such person is insolvent or beyond the jurisdiction of the

United States or that seizure is otherwise essential to protect

the revenue of the United States or to prevent the introduction

of prohibited or restricted merchandise into the customs

territory of the United States, then such merchandise may be

seized and, upon assessment of a monetary penalty, forfeited

unless the monetary penalty is paid within the time specified by

law. Within a reasonable time after any such seizure is made,

the Secretary shall issue to the person concerned a written

statement containing the reasons for the seizure. After seizure

of merchandise under this subsection, the Secretary may, in the

case of restricted merchandise, and shall, in the case of any

other merchandise (other than prohibited merchandise), return

such merchandise upon the deposit of security not to exceed the

maximum monetary penalty which may be assessed under subsection

(c) of this section.

(d) Deprivation of lawful duties, taxes, or fees

Notwithstanding section 1514 of this title, if the United States

has been deprived of lawful duties, taxes, or fees as a result of a

violation of subsection (a) of this section, the Customs Service

shall require that such lawful duties, taxes, and fees be restored,

whether or not a monetary penalty is assessed.

(e) Court of International Trade proceedings

Notwithstanding any other provision of law, in any proceeding

commenced by the United States in the Court of International Trade

for the recovery of any monetary penalty claimed under this section

-

(1) all issues, including the amount of the penalty, shall be

tried de novo;

(2) if the monetary penalty is based on fraud, the United

States shall have the burden of proof to establish the alleged

violation by clear and convincing evidence;

(3) if the monetary penalty is based on gross negligence, the

United States shall have the burden of proof to establish all the

elements of the alleged violation; and

(4) if the monetary penalty is based on negligence, the United

States shall have the burden of proof to establish the act or

omission constituting the violation, and the alleged violator

shall have the burden of proof that the act or omission did not

occur as a result of negligence.

(f) False certifications regarding exports to NAFTA countries

(1) In general

Subject to paragraph (3), it is unlawful for any person to

certify falsely, by fraud, gross negligence, or negligence, in a

NAFTA Certificate of Origin (as defined in section 1508(b)(1) of

this title) that a good to be exported to a NAFTA country (as

defined in section 3301(4) of this title) qualifies under the

rules of origin set out in section 3332 of this title.

(2) Applicable provisions

The procedures and penalties of this section that apply to a

violation of subsection (a) of this section also apply to a

violation of paragraph (1), except that -

(A) subsection (d) of this section does not apply, and

(B) subsection (c)(5) of this section applies only if the

person voluntarily and promptly provides, to all persons to

whom the person provided the NAFTA Certificate of Origin,

written notice of the falsity of the Certificate.

(3) Exception

A person may not be considered to have violated paragraph (1)

if -

(A) the information was correct at the time it was provided

in a NAFTA Certificate of Origin but was later rendered

incorrect due to a change in circumstances; and

(B) the person voluntarily and promptly provides written

notice of the change to all persons to whom the person provided

the Certificate of Origin.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 592, 46 Stat. 750; Aug. 5,

1935, ch. 438, title III, Sec. 304(b), 49 Stat. 527; Pub. L.

95-410, title I, Sec. 110(a), Oct. 3, 1978, 92 Stat. 893; Pub. L.

96-417, title VI, Sec. 609, Oct. 10, 1980, 94 Stat. 1746; Pub. L.

99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103-182,

title II, Sec. 205(c), title VI, Sec. 621, Dec. 8, 1993, 107 Stat.

2095, 2180; Pub. L. 104-295, Sec. 3(a)(4), (5), 21(e)(12), (13),

Oct. 11, 1996, 110 Stat. 3515, 3531; Pub. L. 106-36, title I, Sec.

1001(b)(8), June 25, 1999, 113 Stat. 132.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Oct. 3, 1913, ch. 16, Sec. III, H, 38 Stat. 183, which was

superseded by act Sept. 21, 1922, ch. 356, title IV, Sec. 592, 42

Stat. 982, and was repealed by section 643 thereof. Section 592 of

the 1922 act was superseded by section 592 of act June 17, 1930,

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

1930 act.

The provisions of section III, H, of the 1913 act were

substituted for provisions of the same nature made by the Customs

Administrative Act of June 10, 1890, ch. 407, Sec. 6, 9, 26 Stat.

134, 135, amended and reenacted by Payne-Aldrich Tariff Act of Aug.

5, 1909, ch. 6, Sec. 28, 36 Stat. 95, 97.

Those provisions superseded similar provisions made by R.S. Sec.

2864, as amended by act Feb. 18, 1875, ch. 80, 18 Stat. 319, prior

to repeal by act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42

Stat. 989.

R.S. Sec. 2839 provided for forfeiture of merchandise entered,

but not invoiced according to the actual cost at the place of

exportation, with the design to evade payment of duty. It was

repealed by the Customs Administrative Act of June 10, 1890, ch.

407, Sec. 29, 26 Stat. 141, and provisions of a similar nature were

made by section 9 of that act, amended by the Payne-Aldrich Tariff

Act of Aug. 5, 1909, ch. 6, Sec. 28, 36 Stat. 97, and further

amended by the Underwood Tariff Act of Oct. 3, 1913, ch. 16, Sec.

III, H, 38 Stat. 183.

Act June 22, 1874, ch. 391, Sec. 16, 18 Stat. 189, required

special findings as to fraud in actions, etc., to enforce

forfeitures, etc., prior to repeal by Customs Administrative Act of

June 10, 1890, ch. 407, Sec. 29, 26 Stat. 141.

AMENDMENTS

1999 - Subsec. (c)(4)(A)(i), (B). Pub. L. 106-36 amended Pub. L.

103-182, Sec. 621(4)(A). See 1993 Amendment notes below.

1996 - Subsec. (a)(1). Pub. L. 104-295, Sec. 3(a)(4)(A),

substituted ''lawful duty, tax, or fee'' for ''lawful duty''.

Subsecs. (b)(1)(A)(vi), (c)(2)(A)(ii), (3)(A)(ii). Pub. L.

104-295, Sec. 3(a)(4)(B), substituted ''lawful duties, taxes, and

fees'' for ''lawful duties''.

Subsec. (c)(4)(A)(i), (B). Pub. L. 104-295, Sec. 21(e)(12),

amended Pub. L. 103-182, Sec. 621(4)(A). See 1993 Amendment notes

below.

Pub. L. 104-295, Sec. 3(a)(4)(B), substituted ''lawful duties,

taxes, and fees'' for ''lawful duties'' in two places.

Subsec. (d). Pub. L. 104-295, Sec. 21(e)(13), inserted comma

after ''taxes'' in heading.

Pub. L. 104-295, Sec. 3(a)(5), substituted ''and fees be

restored'' for ''or fees be restored''.

1993 - Subsec. (a)(1)(A)(i). Pub. L. 103-182, Sec. 621(1),

inserted ''or electronically transmitted data or information''

after ''document''.

Subsec. (a)(2). Pub. L. 103-182, Sec. 621(2), inserted at end

''The mere nonintentional repetition by an electronic system of an

initial clerical error does not constitute a pattern of negligent

conduct.''

Subsec. (b)(1)(A). Pub. L. 103-182, Sec. 621(3)(A), substituted

''the Customs Service'' for ''the appropriate customs officer'',

''it shall issue'' for ''he shall issue'' and ''its intention'' for

''his intention'' in introductory provisions.

Subsec. (b)(2). Pub. L. 103-182, Sec. 621(3)(B), substituted

''the Customs Service shall determine'' for ''the appropriate

customs officer shall determine'', ''the Customs Service

determines'' for ''such officer determines'' in two places, ''it

shall'' for ''he shall'' in two places, and ''the Customs Service

shall provide'' for ''the appropriate customs officer shall

provide''.

Subsec. (c)(4). Pub. L. 103-182, Sec. 621(4)(B), inserted at end

''For purposes of this section, a formal investigation of a

violation is considered to be commenced with regard to the

disclosing party and the disclosed information on the date recorded

in writing by the Customs Service as the date on which facts and

circumstances were discovered or information was received which

caused the Customs Service to believe that a possibility of a

violation of subsection (a) of this section existed.''

Subsec. (c)(4)(A)(i). Pub. L. 103-182, Sec. 621(4)(A), as amended

by Pub. L. 104-295, Sec. 21(e)(12); Pub. L. 106-36, Sec.

1001(b)(8), substituted ''time of disclosure, or within 30 days (or

such longer period as the Customs Service may provide) after notice

by the Customs Service of its'' for ''time of disclosure or within

thirty days, or such longer period as the appropriate customs

officer may provide, after notice by the appropriate customs

officer of his''.

Subsec. (c)(4)(B). Pub. L. 103-182, Sec. 621(4)(A), as amended by

Pub. L. 104-295, Sec. 21(e)(12); Pub. L. 106-36, Sec. 1001(b)(8),

which directed the substitution of ''time of disclosure, or within

30 days (or such longer period as the Customs Service may provide)

after notice by the Customs Service of its'' for ''time of

disclosure, or within 30 days, or such longer period as the

appropriate customs officer may provide, after notice by the

appropriate customs officer of his'', was executed by making the

substitution for text which began ''time of disclosure or within 30

days'', to reflect the probable intent of Congress.

Subsec. (c)(5), (6). Pub. L. 103-182, Sec. 205(c)(1), added par.

(5) and redesignated former par. (5) as (6).

Subsec. (d). Pub. L. 103-182, Sec. 621(5), inserted '', taxes or

fees'' after ''duties'' in heading and in text substituted

''duties, taxes, or fees'' for ''duties'' in two places and ''the

Customs Service'' for ''the appropriate customs officer''.

Subsec. (f). Pub. L. 103-182, Sec. 205(c)(2), added subsec. (f).

1986 - Subsec. (c)(4)(B). Pub. L. 99-514 substituted ''Internal

Revenue Code of 1986'' for ''Internal Revenue Code of 1954'', which

for purposes of codification was translated as ''title 26'' thus

requiring no change in text.

1980 - Subsec. (e). Pub. L. 96-417 substituted in heading ''Court

of International Trade'' for ''District court'' and in text

''proceeding commenced by the United States in the Court of

International Trade'' for ''proceeding in a United States district

court commenced by the United States pursuant to section 1604 of

this title''.

1978 - Pub. L. 95-410 substituted subsecs. (a) to (e) relating to

penalties for fraud, gross negligence, and negligence for prior

provisions which: provided for forfeiture of merchandise, or

recovery of value thereof, where entry or attempted entry of the

merchandise was made using fraudulent or false invoice,

declaration, affidavit, letter, paper, or false statement, written

or verbal, false or fraudulent practice or appliance, or false

statement in a declaration on entry without reasonable cause to

believe the truth of the statement or aided or procured the making

any such false statement as to any material matter without

reasonable cause to believe the truth of the statement, regardless

of deprivation of lawful duties, or guilty of any willful act or

omission when there was a deprivation of such duties; made the

forfeiture applicable to the whole of the merchandise or the value

thereof where package contained the particular articles to which

the fraud or false paper or statement related; and defined attempt

to enter the merchandise without an actual entry having been made

or offered.

1935 - Act Aug. 5, 1935, inserted ''whether or not the United

States shall or may be deprived of the lawful duties, or any

portion thereof, accruing upon the merchandise, or any portion

thereof, embraced or referred to in such invoice, declaration,

affidavit, letter, paper, or statement;''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 3(a)(4), (5) of Pub. L. 104-295 applicable

as of Dec. 8, 1993, see section 3(b) of Pub. L. 104-295, set out as

a note under section 1321 of this title.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 205(c) of Pub. L. 103-182 effective on the

date the North American Free Trade Agreement enters into force with

respect to the United States (Jan. 1, 1994), see section 213(b) of

Pub. L. 103-182, set out as an Effective Date note under section

3331 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 applicable with respect to civil

actions commenced on or after 90th day after Nov. 1, 1980, see

section 701(c)(2) of Pub. L. 96-417, set out as a note under

section 251 of Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1978 AMENDMENT

Section 110(f) of Pub. L. 95-410 provided that:

''(1)(A) Except as provided in subparagraphs (B) and (C),

subsections (a), (b), and (c) (other than new subsection (e) of

section 592 of the Tariff Act of 1930 as added by subsection (a))

(subsec. (a), (b), and (c), not including (e) of this section)

shall be effective with respect to proceedings commenced after the

89th day after the date of enactment of this Act (Oct. 3, 1978).

''(B) Except as provided in subparagraph (C), section 592 of the

Tariff Act of 1930 (this section) (as such section existed on the

day before the date of enactment of this Act) (Oct. 3, 1978) shall

apply to any alleged intentional violation thereof involving

television receivers that are the product of Japan and that were or

are the subject of antidumping proceedings if the alleged

intentional violation -

''(i) occurred before the date of enactment of this Act, and

''(ii) was the subject of an investigation by the Customs

Service which was begun before the date of enactment of this Act.

''(C) Except as provided in the next sentence, subsection (e) of

section 592 of the Tariff Act of 1930 (as added by subsection (a))

(subsec. (e) of this section) shall be effective on the date of

enactment of this Act (Oct. 3, 1978). Notwithstanding any provision

of law, in any proceeding in a United States district court

commenced by the United States pursuant to section 604 of the

Tariff Act of 1930 (section 1604 of this title) for the recovery of

any monetary penalty claimed under section 592 of such Act (this

section) for an alleged intentional violation described in

subparagraph (B) -

''(i) all issues, including the amount of the penalty, shall be

tried de novo; and

''(ii) the United States shall have the burden of proof to

establish such violation by a preponderance of the evidence.

''(2)(A) The amendment made by subsection (e) (to section 1621 of

this title) shall apply with respect to alleged violations of

section 592 of the Tariff Act of 1930 (this section) resulting from

gross negligence or negligence which are committed on or after the

date of the enactment of this Act (Oct. 3, 1978).

''(B) In the case of any alleged violation of such section 592

(this section) resulting from gross negligence or negligence which

was committed before the date of the enactment of this Act (Oct. 3,

1978) and for which no suit or action for recovery was commenced

before such date of enactment, no suit or action for recovery with

respect to such alleged violation shall be instituted after -

''(i) the closing date of the 5-year period beginning on the

date on which the alleged violation was committed, or

''(ii) the closing date of the 2-year period beginning on such

date of enactment,

whichever date later occurs, except that no such suit or action may

be instituted after the date on which such suit or action would

have been barred under section 621 of the Tariff Act of 1930

(section 1621 of this title) (as in effect on the day before such

date of enactment).''

-TRANS-

TRANSFER OF FUNCTIONS

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

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

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

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

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

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

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1509, 1592a, 1595, 1595a,

1613, 1615, 1621, 1671c, 1673c of this title; title 7 section 511r;

title 28 section 1582.

-CITE-

19 USC Sec. 1592a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1592a. Special provisions regarding certain violations

-STATUTE-

(a) Publication of names of certain violators

(1) Publication

The Secretary of the Treasury is authorized to publish in the

Federal Register a list of the name of any producer,

manufacturer, supplier, seller, exporter, or other person located

outside the customs territory of the United States -

(A) against whom the Customs Service has issued a penalty

claim under section 1592 of this title, and

(B) if a petition with respect to that claim has been filed

under section 1618 of this title, against whom a final decision

has been issued under such section after exhaustion of

administrative remedies,

citing any of the violations of the customs laws referred to in

paragraph (2). Such list shall be published not later than March

31 and September 30 of each year.

(2) Violations

The violations of the customs laws referred to in paragraph (1)

are the following:

(A) Using documentation, or providing documentation

subsequently used by the importer of record, which indicates a

false or fraudulent country of origin or source of textile or

apparel products.

(B) Using counterfeit visas, licenses, permits, bills of

lading, or similar documentation, or providing counterfeit

visas, licenses, permits, bills of lading, or similar

documentation that is subsequently used by the importer of

record, with respect to the entry into the customs territory of

the United States of textile or apparel products.

(C) Manufacturing, producing, supplying, or selling textile

or apparel products which are falsely or fraudulently labelled

as to country of origin or source.

(D) Engaging in practices which aid or abet the

transshipment, through a country other than the country of

origin, of textile or apparel products in a manner which

conceals the true origin of the textile or apparel products or

permits the evasion of quotas on, or voluntary restraint

agreements with respect to, imports of textile or apparel

products.

(3) Removal from list

Any person whose name has been included in a list published

under paragraph (1) may petition the Secretary to be removed from

such list. If the Secretary finds that such person has not

committed any violations described in paragraph (2) for a period

of not less than 3 years after the date on which the person's

name was so published, the Secretary shall remove such person

from the list as of the next publication of the list under

paragraph (1).

(4) Reasonable care required for subsequent imports

(A) Responsibility of importers and others

After the name of a person has been published under paragraph

(1), the Secretary of the Treasury shall require any importer

of record entering, introducing, or attempting to introduce

into the commerce of the United States textile or apparel

products that were either directly or indirectly produced,

manufactured, supplied, sold, exported, or transported by such

named person to show, to the satisfaction of the Secretary,

that such importer has exercised reasonable care to ensure that

the textile or apparel products are accompanied by

documentation, packaging, and labelling that are accurate as to

its origin. Such reasonable care shall not include reliance

solely on a source of information which is the named person.

(B) Failure to exercise reasonable care

If the Customs Service determines that merchandise is not

from the country claimed on the documentation accompanying the

merchandise, the failure to exercise reasonable care described

in subparagraph (A) shall be considered when the Customs

Service determines whether the importer of record is in

violation of section 1484(a) of this title.

(b) List of high risk countries

(1) List

The President or his designee, upon the advice of the

Secretaries of Commerce and Treasury, and the heads of other

appropriate departments and agencies, is authorized to publish a

list of countries in which illegal activities have occurred

involving transshipped textile or apparel products or activities

designed to evade quotas of the United States on textile or

apparel products, if those countries fail to demonstrate a good

faith effort to cooperate with United States authorities in

ceasing such activities. Such list shall be published in the

Federal Register not later than March 31 of each year. Any

country that is on the list and that subsequently demonstrates a

good faith effort to cooperate with United States authorities in

ceasing illegal activities described in the first sentence shall

be removed from the list, and such removal shall be published in

the Federal Register as soon as practicable.

(2) Reasonable care required for subsequent imports

(A) Responsibility of importers of record

The Secretary of the Treasury shall require any importer of

record entering, introducing, or attempting to introduce into

the commerce of the United States textile or apparel products

indicated, on the documentation, packaging, or labelling

accompanying such products, to be from any country on the list

published under paragraph (1) to show, to the satisfaction of

the Secretary, that such importer, consignee, or purchaser has

exercised reasonable care to ascertain the true country of

origin of the textile or apparel products.

(B) Failure to exercise reasonable care

If the Customs Service determines that merchandise is not

from the country claimed on the documentation accompanying the

merchandise, the failure to exercise reasonable care described

in subparagraph (A) shall be considered when the Customs

Service determines whether the importer of record is in

violation of section 1484(a) of this title.

(3) ''Country'' defined

For purposes of this subsection, the term ''country'' means a

foreign country or territory, including any overseas dependent

territory or possession of a foreign country.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 592A, as added Pub. L.

103-465, title III, Sec. 333, Dec. 8, 1994, 108 Stat. 4947; amended

Pub. L. 104-295, Sec. 20(c)(3), Oct. 11, 1996, 110 Stat. 3528.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in subsec. (a)(1), (2), are

classified generally to this title.

-MISC2-

AMENDMENTS

1996 - Subsec. (a)(3). Pub. L. 104-295 substituted ''list under

paragraph (1)'' for ''list under paragraph (2)''.

EFFECTIVE DATE

Section effective on the date on which the WTO Agreement enters

into force with respect to the United States (Jan. 1, 1995), see

section 335 of Pub. L. 103-465, set out as a note under section

3591 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

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

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

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

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

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

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

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

-CITE-

19 USC Sec. 1593 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1593. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862,

eff. Sept. 1, 1948

-MISC1-

Section, act June 17, 1930, ch. 497, title IV, Sec. 593, 46 Stat.

751, related to smuggling and clandestine importations. See

section 545 of Title 18, Crimes and Criminal Procedure.

-CITE-

19 USC Sec. 1593a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1593a. Penalties for false drawback claims

-STATUTE-

(a) Prohibition

(1) General rule

No person, by fraud, or negligence -

(A) may seek, induce or affect, or attempt to seek, induce,

or affect, the payment or credit to that person or others of

any drawback claim by means of -

(i) any document, written or oral statement, or

electronically transmitted data or information, or act which

is material and false, or

(ii) any omission which is material; or

(B) may aid or abet any other person to violate subparagraph

(A).

(2) Exception

Clerical errors or mistakes of fact are not violations of

paragraph (1) unless they are part of a pattern of negligent

conduct. The mere nonintentional repetition by an electronic

system of an initial clerical error does not constitute a pattern

of negligent conduct.

(b) Procedures

(1) Prepenalty notice

(A) In general

If the Customs Service has reasonable cause to believe that

there has been a violation of subsection (a) of this section

and determines that further proceedings are warranted, the

Customs Service shall issue to the person concerned a written

notice of intent to issue a claim for a monetary penalty. Such

notice shall -

(i) identify the drawback claim;

(ii) set forth the details relating to the seeking,

inducing, or affecting, or the attempted seeking, inducing,

or affecting, or the aiding or procuring of, the drawback

claim;

(iii) specify all laws and regulations allegedly violated;

(iv) disclose all the material facts which establish the

alleged violation;

(v) state whether the alleged violation occurred as a

result of fraud or negligence;

(vi) state the estimated actual or potential loss of

revenue due to the drawback claim, and, taking into account

all circumstances, the amount of the proposed monetary

penalty; and

(vii) inform such person that he shall have a reasonable

opportunity to make representations, both oral and written,

as to why a claim for a monetary penalty should not be issued

in the amount stated.

(B) Exceptions

The Customs Service may not issue a prepenalty notice if the

amount of the penalty in the penalty claim issued under

paragraph (2) is $1,000 or less. In such cases, the Customs

Service may proceed directly with a penalty claim.

(C) Prior approval

No prepenalty notice in which the alleged violation occurred

as a result of fraud shall be issued without the prior approval

of Customs Headquarters.

(2) Penalty claim

After considering representations, if any, made by the person

concerned pursuant to the notice issued under paragraph (1), the

Customs Service shall determine whether any violation of

subsection (a) of this section, as alleged in the notice, has

occurred. If the Customs Service determines that there was no

violation, the Customs Service shall promptly issue a written

statement of the determination to the person to whom the notice

was sent. If the Customs Service determines that there was a

violation, Customs shall issue a written penalty claim to such

person. The written penalty claim shall specify all changes in

the information provided under clauses (i) through (vii) of

paragraph (1)(A). Such person shall have a reasonable opportunity

under section 1618 of this title to make representations, both

oral and written, seeking remission or mitigation of the monetary

penalty. At the conclusion of any proceeding under section 1618

of this title, the Customs Service shall provide to the person

concerned a written statement which sets forth the final

determination, and the findings of fact and conclusions of law on

which such determination is based.

(c) Maximum penalties

(1) Fraud

A fraudulent violation of subsection (a) of this section is

punishable by a civil penalty in an amount not to exceed 3 times

the actual or potential loss of revenue.

(2) Negligence

(A) In general

A negligent violation of subsection (a) of this section is

punishable by a civil penalty in an amount not to exceed 20

percent of the actual or potential loss of revenue for the 1st

violation.

(B) Repetitive violations

If the Customs Service determines that a repeat negligent

violation occurs relating to the same issue, the penalty amount

for the 2d violation shall be in an amount not to exceed 50

percent of the total actual or potential loss of revenue. The

penalty amount for each succeeding repetitive negligent

violation shall be in an amount not to exceed the actual or

potential loss of revenue. If the same party commits a

nonrepetitive violation, that violation shall be subject to a

penalty not to exceed 20 percent of the actual or potential

loss of revenue.

(3) Prior disclosure

(A) In general

Subject to subparagraph (B), if the person concerned

discloses the circumstances of a violation of subsection (a) of

this section before, or without knowledge of the commencement

of, a formal investigation of such violation, the monetary

penalty assessed under this subsection may not exceed -

(i) if the violation resulted from fraud, an amount equal

to the actual or potential revenue of which the United States

is or may be deprived as a result of overpayment of the

claim; or

(ii) if the violation resulted from negligence, an amount

equal to the interest computed on the basis of the prevailing

rate of interest applied under section 6621 of title 26 on

the amount of actual revenue of which the United States is or

may be deprived during the period that -

(I) begins on the date of the overpayment of the claim;

and

(II) ends on the date on which the person concerned

tenders the amount of the overpayment.

(B) Condition affecting penalty limitations

The limitations in subparagraph (A) on the amount of the

monetary penalty to be assessed under this subsection apply

only if the person concerned tenders the amount of the

overpayment made on the claim at the time of disclosure, or

within 30 days (or such longer period as the Customs Service

may provide), after notice by the Customs Service of its

calculation of the amount of the overpayment.

(C) Burden of proof

The person asserting lack of knowledge of the commencement of

a formal investigation has the burden of proof in establishing

such lack of knowledge.

(4) Commencement of investigation

For purposes of this section, a formal investigation of a

violation is considered to be commenced with regard to the

disclosing party and the disclosed information on the date

recorded in writing by the Customs Service as the date on which

facts and circumstances were discovered or information was

received which caused the Customs Service to believe that a

possibility of a violation of subsection (a) of this section

existed.

(5) Exclusivity

Penalty claims under this section shall be the exclusive civil

remedy for any drawback related violation of subsection (a) of

this section.

(d) Deprivation of lawful revenue

Notwithstanding section 1514 of this title, if the United States

has been deprived of lawful duties and taxes resulting from a

violation of subsection (a) of this section, the Customs Service

shall require that such duties and taxes be restored whether or not

a monetary penalty is assessed.

(e) Drawback compliance program

(1) In general

After consultation with the drawback trade community, the

Customs Service shall establish a drawback compliance program in

which claimants and other parties in interest may participate

after being certified by the Customs Service under paragraph (2).

Participation in the drawback compliance program is voluntary.

(2) Certification

A party may be certified as a participant in the drawback

compliance program after meeting the general requirements

established under the program or after negotiating an alternative

program suited to the needs of the party and the Customs Service.

Certification requirements shall take into account the size and

nature of the party's drawback program and the volume of claims.

In order to be certified, the participant must be able to

demonstrate that it -

(A) understands the legal requirements for filing claims,

including the nature of the records required to be maintained

and produced and the time periods involved;

(B) has in place procedures to explain the Customs Service

requirements to those employees that are involved in the

preparation of claims, and the maintenance and production of

required records;

(C) has in place procedures regarding the preparation of

claims and maintenance of required records, and the production

of such records to the Customs Service;

(D) has designated a dependable individual or individuals to

be responsible for compliance under the program and whose

duties include maintaining familiarity with the drawback

requirements of the Customs Service;

(E) has a record maintenance procedure approved by the

Customs Service for original records, or, if approved by the

Customs Service, for alternate records or recordkeeping formats

other than the original records; and

(F) has procedures for notifying the Customs Service of

variances to, and violations of, the requirements of the

drawback compliance program or any negotiated alternative

programs, and for taking corrective action when notified by the

Customs Service for violations or problems regarding such

program.

(f) Alternatives to penalties

(1) In general

When a party that -

(A) has been certified as a participant in the drawback

compliance program under subsection (e) of this section; and

(B) is generally in compliance with the appropriate

procedures and requirements of the program;

commits a violation of subsection (a) of this section, the

Customs Service, shall, in the absence of fraud or repeated

violations, and in lieu of a monetary penalty, issue a written

notice of the violation to the party. Repeated violations by a

party may result in the issuance of penalties and removal of

certification under the program until corrective action,

satisfactory to the Customs Service, is taken.

(2) Contents of notice

A notice of violation issued under paragraph (1) shall -

(A) state that the party has violated subsection (a) of this

section;

(B) explain the nature of the violation; and

(C) warn the party that future violations of subsection (a)

of this section may result in the imposition of monetary

penalties.

(3) Response to notice

Within a reasonable time after receiving written notice under

paragraph (1), the party shall notify the Customs Service of the

steps it has taken to prevent a recurrence of the violation.

(g) Repetitive violations

(1) A party who has been issued a written notice under subsection

(f)(1) of this section and subsequently commits a repeat negligent

violation involving the same issue is subject to the following

monetary penalties:

(A) 2d violation

An amount not to exceed 20 percent of the loss of revenue.

(B) 3rd violation

An amount not to exceed 50 percent of the loss of revenue.

(C) 4th and subsequent violations

An amount not to exceed 100 percent of the loss of revenue.

(2) If a party that has been certified as a participant in the

drawback compliance program under subsection (e) of this section

commits an alleged violation which was not repetitive, the party

shall be issued a ''warning letter'', and, for any subsequent

violation, shall be subject to the same maximum penalty amounts

stated in paragraph (1).

(h) Regulation

The Secretary shall promulgate regulations and guidelines to

implement this section. Such regulations shall specify that for

purposes of subsection (g) of this section, a repeat negligent

violation involving the same issue shall be treated as a repetitive

violation for a maximum period of 3 years.

(i) Court of International Trade proceedings

Notwithstanding any other provision of law, in any proceeding

commenced by the United States in the Court of International Trade

for the recovery of any monetary penalty claimed under this section

-

(1) all issues, including the amount of the penalty, shall be

tried de novo;

(2) if the monetary penalty is based on fraud, the United

States shall have the burden of proof to establish the alleged

violation by clear and convincing evidence; and

(3) if the monetary penalty is based on negligence, the United

States shall have the burden of proof to establish the act or

omission constituting the violation, and the alleged violator

shall have the burden of providing evidence that the act or

omission did not occur as a result of negligence.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 593A, as added Pub. L.

103-182, title VI, Sec. 622(a), Dec. 8, 1993, 107 Stat. 2181.)

-MISC1-

EFFECTIVE DATE

Section 622(b) of Pub. L. 103-182 provided that: ''The amendment

made by subsection (a) (enacting this section) applies to drawback

claims filed on and after the nationwide operational implementation

of an automated drawback selectivity program by the Customs

Service. The Customs Service shall publish notice of this date in

the Customs Bulletin.''

-TRANS-

TRANSFER OF FUNCTIONS

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

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

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

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

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

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

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1621 of this title; title

28 section 1582.

-CITE-

19 USC Sec. 1594 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1594. Seizure of conveyances

-STATUTE-

(a) In general

Whenever -

(1) any vessel, vehicle, or aircraft; or

(2) the owner or operator, or the master, pilot, conductor,

driver, or other person in charge of a vessel, vehicle, or

aircraft;

is subject to a penalty for violation of the customs laws, the

conveyance involved shall be held for the payment of such penalty

and may be seized and forfeited and sold in accordance with the

customs laws. The proceeds of sale, if any, in excess of the

assessed penalty and expenses of seizing, maintaining, and selling

the property shall be held for the account of any interested party.

(b) Exceptions

(1) No conveyance used by any person as a common carrier in the

transaction of business as a common carrier is subject to seizure

and forfeiture under the customs laws for violations relating to

merchandise contained -

(A) on the person;

(B) in baggage belonging to and accompanying a passenger being

lawfully transported on such conveyance; or

(C) in the cargo of the conveyance if the cargo is listed on

the manifest and marks, numbers, weights and quantities of the

outer packages or containers agree with the manifest;

unless the owner or operator, or the master, pilot, conductor,

driver or other person in charge participated in, or had knowledge

of, the violation, or was grossly negligent in preventing or

discovering the violation.

(2) Except as provided in paragraph (1) or subsection (c) of this

section, no vessel, vehicle, or aircraft is subject to forfeiture

to the extent of an interest of an owner for a drug-related offense

established by that owner to have been committed or omitted without

the knowledge, consent, or willful blindness of the owner.

(c) Prohibited merchandise on conveyance

If any merchandise the importation of which is prohibited is

found to be, or to have been -

(1) on board a conveyance used as a common carrier in the

transaction of business as a common carrier in one or more

packages or containers -

(A) that are not manifested (or not shown on bills of lading

or airway bills); or

(B) whose marks, numbers, weight or quantities disagree with

the manifest (or with the bills of lading or airway bills); or

(2) concealed in or on such a conveyance, but not in the cargo;

the conveyance may be seized, and after investigation, forfeited

unless it is established that neither the owner or operator,

master, pilot, nor any other employee responsible for maintaining

and insuring the accuracy of the cargo manifest knew, or by the

exercise of the highest degree of care and diligence could have

known, that such merchandise was on board.

(d) Definitions

For purposes of this section -

(1) The term ''owner or operator'' includes -

(A) a lessee or person operating a conveyance under a rental

agreement or charter party; and

(B) the officers and directors of a corporation;

(C) station managers and similar supervisory ground personnel

employed by airlines;

(D) one or more partners of a partnership;

(E) representatives of the owner or operator in charge of the

passenger or cargo operations at a particular location; and

(F) and other persons with similar responsibilities.

(2) The term ''master'' and similar terms relating to the

person in charge of a conveyance includes the purser or other

person on the conveyance who is responsible for maintaining

records relating to the cargo transported in the conveyance.

(e) Costs and expenses of seizure

When a common carrier has been seized in accordance with the

provisions of subsection (c) of this section and it is subsequently

determined that a violation of such subsection occurred but that

the vessel will be released, the conveyance is liable for the costs

and expenses of the seizure and detention.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 594, 46 Stat. 751; Pub. L.

99-570, title III, Sec. 3121, Oct. 27, 1986, 100 Stat. 3207-86;

Pub. L. 100-690, title VI, Sec. 6076(b), Nov. 18, 1988, 102 Stat.

4324.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in subsecs. (a) and (b), are

classified generally to this title.

-MISC2-

PRIOR PROVISIONS

Provisions substantially similar to subsec. (a) of this section,

so far as it relates to vessels, except that they referred to the

''revenue laws,'' instead of the ''customs laws,'' were contained

in R.S. Sec. 3088. Provisions substantially similar to subsec. (b),

so far as it relates to vessels, were contained in act Feb. 8,

1881, ch. 34, 21 Stat. 322. Provisions similar to subsec. (b),

except that they applied to railway cars, engines, other vehicles,

and teams, and referred to the owner, superintendent, or agent of

the owner in charge, instead of the ''conductor, driver,'' etc.,

were contained in R.S. Sec. 3063. All of these sections were

superseded and more closely assimilated to this section by act

Sept. 21, 1922, ch. 356, title IV, Sec. 594, 42 Stat. 982, and

repealed by sections 642 and 643 thereof. Section 594 of the 1922

act was superseded by section 594 of act June 17, 1930, comprising

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

AMENDMENTS

1988 - Subsec. (b). Pub. L. 100-690 designated existing

provisions as par. (1), redesignated former pars. (1), (2), and (3)

as subpars. (A), (B), and (C), respectively, and added par. (2).

1986 - Pub. L. 99-570 amended section generally. Prior to

amendment, section catchline read ''Libel of vessels and vehicles''

and text read as follows: ''Whenever a vessel or vehicle, or the

owner or master, conductor, driver, or other person in charge

thereof, has become subject to a penalty for violation of the

customs-revenue laws of the United States, such vessel or vehicle

shall be held for the payment of such penalty and may be seized and

proceeded against summarily by libel to recover the same: Provided,

That no vessel or vehicle used by any person as a common carrier in

the transaction of business as such common carrier shall be so held

or subject to seizure or forfeiture under the customs laws, unless

it shall appear that the owner or master of such vessel or the

conductor, driver, or other person in charge of such vehicle was at

the time of the alleged illegal act a consenting party or privy

thereto.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1595a of this title.

-CITE-

19 USC Sec. 1595 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1595. Searches and seizures

-STATUTE-

(a) Warrant

(1) If any officer or person authorized to make searches and

seizures has probable cause to believe that -

(A) any merchandise upon which the duties have not been paid,

or which has been otherwise brought into the United States

unlawfully;

(B) any property which is subject to forfeiture under any

provision of law enforced or administered by the United States

Customs Service; or

(C) any document, container, wrapping, or other article which

is evidence of a violation of section 1592 of this title

involving fraud or of any other law enforced or administered by

the United States Customs Service,

is in any dwelling house, store, or other building or place, he may

make application, under oath, to any justice of the peace, to any

municipal, county, State, or Federal judge, or to any Federal

magistrate judge, and shall thereupon be entitled to a warrant to

enter such dwelling house in the daytime only, or such store or

other place at night or by day, and to search for and seize such

merchandise or other article described in the warrant.

(2) If any house, store, or other building or place, in which any

merchandise or other article subject to forfeiture is found, is

upon or within 10 feet of the boundary line between the United

States and a foreign country, such portion thereof that is within

the United States may be taken down or removed.

(b) Entry upon property of others

Any person authorized by this chapter to make searches and

seizures, or any person assisting him or acting under his

directions, may, if deemed necessary by him or them, enter into or

upon or pass through the lands, inclosures, and buildings, other

than the dwelling house, of any person whomsoever, in the discharge

of his official duties.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 595, 46 Stat. 752; Pub. L.

91-271, title III, Sec. 301(y), June 2, 1970, 84 Stat. 290; Pub. L.

99-570, title III, Sec. 3122, Oct. 27, 1986, 100 Stat. 3207-87;

Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat.

5117.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 595, 42 Stat. 983. That

section was superseded by section 595 of act June 17, 1930,

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

1930 act.

Provisions somewhat similar to those in subsec. (a), but

authorizing searches in the daytime only, with a further provision

as to forfeitures, were contained in R.S. Sec. 3066, as amended by

act Apr. 25, 1882, ch. 89, 22 Stat. 49. Provisions for searches of

buildings on or near the boundary line, and for seizure and

forfeiture of merchandise, and removal of the building, were

contained in R.S. Sec. 3107. Provisions empowering persons,

authorized to make searches and seizures, to enter into or upon

lands, inclosures, and buildings, were contained in R.S. Sec. 3065.

All of these sections were repealed by act Sept. 21, 1922, ch. 356,

title IV, Sec. 642, 42 Stat. 989.

R.S. Sec. 3091, authorized the issuance of a warrant, upon

complaint and affidavit of fraud on the revenue, directing the

marshal of the district to enter any place and seize books or

papers relating to merchandise in respect to which the alleged

fraud was committed, and produce them before the judge.

R.S. Sec. 3092, provided that no warrant for such seizure should

be issued unless the complaint should set forth the character of

the fraud alleged, its nature, the importations in respect to which

it was committed, and the papers to be seized, and required the

return of such warrant as other warrants are returned.

R.S. Sec. 3093, provided that books and papers so seized should

be subject to the order of the judge, who should allow the

examination of the same by the collector or any officer authorized

by him, and authorized the retention by the judge of such books and

papers as he might deem necessary.

The provisions of act July 18, 1866, Sec. 39, and of act Mar. 2,

1867, Sec. 2, which were incorporated into these three sections,

were repealed by the Anti-Moiety Act of June 22, 1874, ch. 391,

Sec. 1, 18 Stat. 186. These sections were repealed, therefore, by

that act, it having effect as subsequent to the Revised Statutes,

and as repealing any portion of the revision inconsistent

therewith, by virtue of R.S. Sec. 5601.

AMENDMENTS

1986 - Subsec. (a). Pub. L. 99-570 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: ''If

any officer or person authorized to make searches and seizures

shall have cause to suspect the presence in any dwelling house,

store, or other building or place of any merchandise upon which the

duties have not been paid, or which has been otherwise brought into

the United States contrary to law, he may make application, under

oath, to any justice of the peace, to any municipal, county, State,

or Federal judge, or to any United States magistrate, and shall

thereupon be entitled to a warrant to enter such dwelling house in

the daytime only, or such store or other place at night or by day,

and to search for and seize such merchandise: Provided, That if any

such house, store, or other building, or place in which such

merchandise shall be found, is upon or within ten feet of the

boundary line between the United States and a foreign country, such

portion thereof as is within the United States may forthwith be

taken down or removed.''

1970 - Subsec. (a). Pub. L. 91-271 struck out ''collector of

customs or other'' before ''officer or person''.

-CHANGE-

CHANGE OF NAME

''Magistrate judge'' substituted for ''magistrate'' in subsec.

(a)(1) pursuant to section 321 of Pub. L. 101-650, set out as a

note under section 631 of Title 28, Judiciary and Judicial

Procedure.

-MISC4-

EFFECTIVE DATE OF 1970 AMENDMENT

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

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

title.

-TRANS-

TRANSFER OF FUNCTIONS

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

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

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

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

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

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

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1603 of this title.

-CITE-

19 USC Sec. 1595a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1595a. Forfeitures and other penalties

-STATUTE-

(a) Importation, removal, etc. contrary to laws of United States

Except as specified in subsection (b) or (c) of section 1594 of

this title, every vessel, vehicle, animal, aircraft, or other thing

used in, to aid in, or to facilitate, by obtaining information or

in any other way, the importation, bringing in, unlading, landing,

removal, concealing, harboring, or subsequent transportation of any

article which is being or has been introduced, or attempted to be

introduced, into the United States contrary to law, whether upon

such vessel, vehicle, animal, aircraft, or other thing or

otherwise, may be seized and forfeited together with its tackle,

apparel, furniture, harness, or equipment.

(b) Penalty for aiding unlawful importation

Every person who directs, assists financially or otherwise, or is

in any way concerned in any unlawful activity mentioned in the

preceding subsection shall be liable to a penalty equal to the

value of the article or articles introduced or attempted to be

introduced.

(c) Merchandise introduced contrary to law

Merchandise which is introduced or attempted to be introduced

into the United States contrary to law shall be treated as follows:

(1) The merchandise shall be seized and forfeited if it -

(A) is stolen, smuggled, or clandestinely imported or

introduced;

(B) is a controlled substance, as defined in the Controlled

Substances Act (21 U.S.C. 801 et seq.), and is not imported in

accordance with applicable law;

(C) is a contraband article, as defined in section 80302 of

title 49; or

(D) is a plastic explosive, as defined in section 841(q) of

title 18, which does not contain a detection agent, as defined

in section 841(p) of such title.

(2) The merchandise may be seized and forfeited if -

(A) its importation or entry is subject to any restriction or

prohibition which is imposed by law relating to health, safety,

or conservation and the merchandise is not in compliance with

the applicable rule, regulation, or statute;

(B) its importation or entry requires a license, permit or

other authorization of an agency of the United States

Government and the merchandise is not accompanied by such

license, permit, or authorization;

(C) it is merchandise or packaging in which copyright,

trademark, or trade name protection violations are involved

(including, but not limited to, violations of section 1124,

1125, or 1127 of title 15, section 506 or 509 of title 17, or

section 2318 or 2320 of title 18);

(D) it is trade dress merchandise involved in the violation

of a court order citing section 1125 of title 15;

(E) it is merchandise which is marked intentionally in

violation of section 1304 of this title; or

(F) it is merchandise for which the importer has received

written notices that previous importations of identical

merchandise from the same supplier were found to have been

marked in violation of section 1304 of this title.

(3) If the importation or entry of the merchandise is subject

to quantitative restrictions requiring a visa, permit, license,

or other similar document, or stamp from the United States

Government or from a foreign government or issuing authority

pursuant to a bilateral or multilateral agreement, the

merchandise shall be subject to detention in accordance with

section 1499 of this title unless the appropriate visa, license,

permit, or similar document or stamp is presented to the Customs

Service; but if the visa, permit, license, or similar document or

stamp which is presented in connection with the importation or

entry of the merchandise is counterfeit, the merchandise may be

seized and forfeited.

(4) If the merchandise is imported or introduced contrary to a

provision of law which governs the classification or value of

merchandise and there are no issues as to the admissibility of

the merchandise into the United States, it shall not be seized

except in accordance with section 1592 of this title.

(5) In any case where the seizure and forfeiture of merchandise

are required or authorized by this section, the Secretary may -

(A) remit the forfeiture under section 1618 of this title, or

(B) permit the exportation of the merchandise, unless its

release would adversely affect health, safety, or conservation

or be in contravention of a bilateral or multilateral agreement

or treaty.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 596, as added Sept. 1,

1954, ch. 1213, title V, Sec. 502, 68 Stat. 1140; amended Pub. L.

99-570, title III, Sec. 3123, Oct. 27, 1986, 100 Stat. 3207-87;

Pub. L. 103-182, title VI, Sec. 624, Dec. 8, 1993, 107 Stat. 2187;

Pub. L. 104-132, title VI, Sec. 606, Apr. 24, 1996, 110 Stat.

1290.)

-REFTEXT-

REFERENCES IN TEXT

The Controlled Substances Act, referred to in subsec. (c)(1)(B),

is title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as

amended, which is classified principally to subchapter I (Sec. 801

et seq.) of chapter 13 of Title 21, Food and Drugs. For complete

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

out under section 801 of Title 21 and Tables.

-COD-

CODIFICATION

In subsec. (c)(1)(C), ''section 80302 of title 49'' substituted

for ''section 1 of the Act of August 9, 1939 (49 U.S.C. App. 781)''

on authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994, 108 Stat.

1378, the first section of which enacted subtitles II, III, and V

to X of Title 49, Transportation.

-MISC3-

AMENDMENTS

1996 - Subsec. (c)(1)(D). Pub. L. 104-132 added subpar. (D).

1993 - Subsec. (c). Pub. L. 103-182 amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: ''Any

merchandise that is introduced or attempted to be introduced into

the United States contrary to law (other than in violation of

section 1592 of this title) may be seized and forfeited.''

1986 - Subsec. (a). Pub. L. 99-570, Sec. 3123(1), (2),

substituted ''subsection (b) or (c) of section 1594'' for ''the

proviso to section 1594'' and ''may be seized'' for ''shall be

seized''.

Subsec. (c). Pub. L. 99-570, Sec. 3123(3), added subsec. (c).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-132 effective 1 year after Apr. 24,

1996, see section 607 of Pub. L. 104-132, set out as a note under

section 841 of Title 18, Crimes and Criminal Procedure.

-TRANS-

TRANSFER OF FUNCTIONS

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

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

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

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

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

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

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1590 of this title.

-CITE-

19 USC Sec. 1596 to 1598 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1596 to 1598. Repealed. June 25, 1948, ch. 645, Sec. 21, 62

Stat. 862, eff. Sept. 1, 1948

-MISC1-

Section 1596, act June 17, 1930, ch. 497, title IV, Sec. 596, 46

Stat. 752, related to buildings on boundary. See section 547 of

Title 18, Crimes and Criminal Procedure.

Section 1597, act June 17, 1930, ch. 497, title IV, Sec. 597, 46

Stat. 752, related to fraudulent treatment of goods in warehouses.

See section 548 of Title 18.

Section 1598, acts June 17, 1930, ch. 497, title IV, Sec. 598, 46

Stat. 752; June 25, 1938, ch. 679, Sec. 26, 52 Stat. 1089, related

to offenses concerning seals and unlawful removal of goods from

custom custody. See section 549 of Title 18.

-CITE-

19 USC Sec. 1599 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1599. Officers not to be interested in vessels or cargo

-STATUTE-

No person employed under the authority of the United States, in

the collection of duties on imports or tonnage, shall own, either

in whole or in part, any vessel (other than a yacht or other

pleasure boat), or act as agent, attorney, or consignee for the

owner or owners of any vessel, or of any cargo or lading on board

the same; nor shall any such person import, or be concerned

directly or indirectly in the importation of, any merchandise for

sale into the United States. Every person who violates this section

shall be liable to a penalty of $500.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 599, 46 Stat. 753; Pub. L.

95-410, title II, Sec. 212, Oct. 3, 1978, 92 Stat. 904.)

-MISC1-

PRIOR PROVISIONS

Identical provisions were contained in R.S. Sec. 2638, which was

superseded by act Sept. 21, 1922, ch. 356, title IV, Sec. 599, 42

Stat. 984, and repealed by section 642 thereof. Section 599 of the

1922 act was superseded by section 599 of act June 17, 1930,

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

1930 act.

AMENDMENTS

1978 - Pub. L. 95-410 excepted from the interest prohibition

ownership of a yacht or other pleasure boat.

-CITE-

19 USC Sec. 1600 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1600. Application of the customs laws to other seizures by

customs officers

-STATUTE-

The procedures set forth in sections 1602 through 1619 of this

title shall apply to seizures of any property effected by customs

officers under any law enforced or administered by the Customs

Service unless such law specifies different procedures.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 600, as added Pub. L.

98-473, title II, Sec. 323, Oct. 12, 1984, 98 Stat. 2057.)

-MISC1-

PRIOR PROVISIONS

A prior section 600 of act June 17, 1930, ch. 497, title IV, 46

Stat. 753, related to gratuities, prior to repeal by act June 25,

1948, ch. 645, Sec. 21, 62 Stat. 862, eff. Sept. 1, 1948. See

section 213 of Title 18, Crimes and Criminal Procedure.

-TRANS-

TRANSFER OF FUNCTIONS

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

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

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

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

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

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

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

-CITE-

19 USC Sec. 1601, 1601a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1601, 1601a. Repealed. June 25, 1948, ch. 645, Sec. 21, 62

Stat. 862, eff. Sept. 1, 1948

-MISC1-

Section 1601, act June 17, 1930, ch. 497, title IV, Sec. 601, 46

Stat. 753, related to bribery. See section 212 of Title 18, Crimes

and Criminal Procedure.

Section 1601a, act Aug. 5, 1935, ch. 438, title III, Sec. 309, 49

Stat. 528, related to wearing of uniform or badge of Coast Guard or

Customs Service while violating revenue laws. See sections 702,

703, and 912 of Title 18.

-CITE-

19 USC Sec. 1602 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1602. Seizure; report to customs officer

-STATUTE-

It shall be the duty of any officer, agent, or other person

authorized by law to make seizures of merchandise or baggage

subject to seizure for violation of the customs laws, to report

every such seizure immediately to the appropriate customs officer

for the district in which such violation occurred, and to turn over

and deliver to such customs officer any vessel, vehicle, aircraft,

merchandise, or baggage seized by him, and to report immediately to

such customs officer every violation of the customs laws.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 602, 46 Stat. 754; Pub. L.

91-271, title III, Sec. 301(z), June 2, 1970, 84 Stat. 290; Pub. L.

98-473, title II, Sec. 321, Oct. 12, 1984, 98 Stat. 2056; Pub. L.

98-573, title II, Sec. 213(a)(1), Oct. 30, 1984, 98 Stat. 2984.)

-REFTEXT-

REFERENCES IN TEXT

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

to this title.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 602, 42 Stat. 984. That

section was superseded by section 602 of act June 17, 1930,

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

1930 act.

Prior provisions requiring officers or persons employed in the

customs revenue service, upon detection of any violation of the

customs laws, to make complaint to the collector, were contained in

act June 22, 1874, ch. 391, Sec. 15, 18 Stat. 189, prior to repeal

by act Sept. 21, 1922, ch. 356, title IV, Sec. 643, 42 Stat. 989.

AMENDMENTS

1984 - Pub. L. 98-573 and Pub. L. 98-473 inserted reference to

aircraft.

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

customs officer or such customs officer for references to collector

wherever appearing.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective Oct. 15, 1984, see section

214(e) of Pub. L. 98-573, set out as a note under section 1304 of

this title.

EFFECTIVE DATE OF 1970 AMENDMENT

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

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

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1600 of this title; title

18 section 981.

-CITE-

19 USC Sec. 1603 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1603. Seizure; warrants and reports

-STATUTE-

(a) Any property which is subject to forfeiture to the United

States for violation of the customs laws and which is not subject

to search and seizure in accordance with the provisions of section

1595 of this title, may be seized by the appropriate officer or

person upon process issued in the same manner as provided for a

search warrant under the Federal Rules of Criminal Procedure. This

authority is in addition to any seizure authority otherwise

provided by law.

(b) Whenever a seizure of merchandise for violation of the

customs laws is made, or a violation of the customs laws is

discovered, and legal proceedings by the United States attorney in

connection with such seizure or discovery are required, it shall be

the duty of the appropriate customs officer to report promptly such

seizure or violation to the United States attorney for the district

in which such violation has occurred, or in which such seizure was

made, and to include in such report a statement of all the facts

and circumstances of the case within his knowledge, with the names

of the witnesses and a citation to the statute or statutes believed

to have been violated, and on which reliance may be had for

forfeiture or conviction.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 603, 46 Stat. 754; June 25,

1938, ch. 679, Sec. 27, 52 Stat. 1089; Pub. L. 91-271, title III,

Sec. 301(aa), June 2, 1970, 84 Stat. 291; Pub. L. 95-410, title I,

Sec. 110(b), Oct. 3, 1978, 92 Stat. 896; Pub. L. 100-690, title

VII, Sec. 7365, Nov. 18, 1988, 102 Stat. 4478.)

-REFTEXT-

REFERENCES IN TEXT

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

to this title.

The Federal Rules of Criminal Procedure, referred to in subsec.

(a), are set out in the Appendix to Title 18, Crimes and Criminal

Procedure.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 603, 42 Stat. 984. That

section was superseded by section 603 of act June 17, 1930,

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

1930 act.

A prior provision requiring the collector or other person causing

a seizure to be made to give information thereof to the Solicitor

of the Treasury, was contained in R.S. Sec. 3083, as amended by act

Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 247. R.S. Sec. 3084

required collectors to report to the district attorney of the

district in which any fine, penalty, or forfeiture might be

incurred, a statement of all the facts and circumstances. Officers

of customs detecting violations of the customs laws were required

to report to the collectors, and the latter were required to report

to the district attorneys, by act June 22, 1874, ch. 391, Sec. 15,

18 Stat. 189. All of these sections were repealed by act Sept. 21,

1922, ch. 356, title IV, Sec. 642, 643, 42 Stat. 989.

AMENDMENTS

1988 - Pub. L. 100-690, Sec. 7365, substituted ''Seizure;

warrants and reports'' for ''Seizure; customs officer's reports''

in section catchline, added subsec. (a), and designated existing

provisions as subsec. (b).

1978 - Pub. L. 95-410 inserted ''promptly'' after ''to report''.

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

customs officer for reference to collector or principal local

officer of Customs Agency Service.

1938 - Act June 25, 1938, amended section generally.

EFFECTIVE DATE OF 1970 AMENDMENT

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

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

title.

EFFECTIVE DATE OF 1938 AMENDMENT

Amendment by act June 25, 1938, effective on thirtieth day

following June 25, 1938, except as otherwise specifically provided,

see section 37 of act June 25, 1938, set out as a note under

section 1401 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all other officers of Department of the Treasury and

functions of all agencies and employees of such Department

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

with power vested in him to authorize their performance or

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

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

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

the Appendix to Title 5, Government Organization and Employees.

Customs Service was under Department of the Treasury.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1600 of this title.

-CITE-

19 USC Sec. 1604 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1604. Seizure; prosecution

-STATUTE-

It shall be the duty of the Attorney General of the United States

immediately to inquire into the facts of cases reported to him by

customs officers and the laws applicable thereto, and if it appears

probable that any fine, penalty, or forfeiture has been incurred by

reason of such violation, for the recovery of which the institution

of proceedings in the United States district court or the Court of

International Trade is necessary, forthwith to cause the proper

proceedings to be commenced and prosecuted, without delay, for the

recovery of such fine, penalty, or forfeiture in such case

provided, unless, upon inquiry and examination, the Attorney

General decides that such proceedings can not probably be sustained

or that the ends of public justice do not require that they should

be instituted or prosecuted, in which case he shall report the

facts to the Secretary of the Treasury for his direction in the

premises.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 604, 46 Stat. 754; Pub. L.

91-271, title III, Sec. 301(bb), June 2, 1970, 84 Stat. 291; Pub.

L. 96-417, title VI, Sec. 610, Oct. 10, 1980, 94 Stat. 1746.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 604, 42 Stat. 984. That

section was superseded by section 604 of act June 17, 1930,

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

1930 act.

Prior provisions substantially similar in effect, with a further

provision for an allowance for expenses and services, were

contained in R.S. Sec. 3085. Provisions requiring district

attorneys to cause investigations to be made before a United States

commissioner and to initiate and prosecute proper proceedings to

recover fines and penalties were contained in act June 22, 1874,

ch. 391, Sec. 15, 18 Stat. 189. Both of these sections were

repealed by act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 643,

42 Stat. 989.

The 1922 act also superseded a provision contained in R.S. Sec.

3087, requiring collectors to cause suits to be commenced without

delay and prosecuted to effect.

AMENDMENTS

1980 - Pub. L. 96-417 substituted ''the Attorney General of the

United States'' and ''the Attorney General'' for ''every United

States district attorney'' and ''such district attorney'',

respectively, and authorized institution of proceedings in the

Court of International Trade.

1970 - Pub. L. 91-271 substituted reference to customs officers

for reference to collectors.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and

applicable with respect to civil actions pending on or commenced on

or after such date, see section 701(a) of Pub. L. 96-417, set out

as a note under section 251 of Title 28, Judiciary and Judicial

Procedure.

EFFECTIVE DATE OF 1970 AMENDMENT

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

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

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1600 of this title.

-CITE-

19 USC Sec. 1605 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1605. Seizure; custody; storage

-STATUTE-

All vessels, vehicles, aircraft, merchandise, and baggage seized

under the provisions of the customs laws, or laws relating to the

navigation, registering, enrolling or licensing, or entry or

clearance, of vessels, unless otherwise provided by law, shall be

placed and remain in the custody of the appropriate customs officer

for the district in which the seizure was made to await disposition

according to law.

Pending such disposition, the property shall be stored in such

place as, in the customs officer's opinion, is most convenient and

appropriate with due regard to the expense involved, whether or not

the place of storage is within the judicial district or the customs

collection district in which the property was seized; and storage

of the property outside the judicial district or customs collection

district in which it was seized shall in no way affect the

jurisdiction of the court which would otherwise have jurisdiction

over such property.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 605, 46 Stat. 754; Sept. 1,

1954, ch. 1213, title V, Sec. 505, 68 Stat. 1141; Pub. L. 91-271,

title III, Sec. 301(cc), June 2, 1970, 84 Stat. 291; Pub. L.

98-473, title II, Sec. 321, Oct. 12, 1984, 98 Stat. 2056; Pub. L.

98-573, title II, Sec. 213(a)(2), Oct. 30, 1984, 98 Stat. 2984.)

-REFTEXT-

REFERENCES IN TEXT

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

to this title.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 605, 42 Stat. 985. That

section was superseded by section 605 of act June 17, 1930,

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

1930 act.

Provisions substantially similar to those in this section so far

as it relates to merchandise or property seized under the customs

laws, were contained in R.S. Sec. 3086, prior to repeal by act

Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42 Stat. 989.

AMENDMENTS

1984 - Pub. L. 98-573 and Pub. L. 98-473 inserted reference to

aircraft in first par.

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

customs officer or customs officer for references to collector

wherever appearing.

1954 - Act Sept. 1, 1954, permitted collector of seized property

to store it in such places as he considers convenient or

appropriate, whether within or without the judicial district in

which it was seized, without affecting the jurisdiction of the

court over such property.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective Oct. 15, 1984, see section

214(e) of Pub. L. 98-573, set out as a note under section 1304 of

this title.

EFFECTIVE DATE OF 1970 AMENDMENT

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

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

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1600, 1613 of this title.

-CITE-

19 USC Sec. 1606 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1606. Seizure; appraisement

-STATUTE-

The appropriate customs officer shall determine the domestic

value, at the time and place of appraisement, of any vessel,

vehicle, aircraft, merchandise, or baggage seized under the customs

laws.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 606, 46 Stat. 754; Pub. L.

91-271, title III, Sec. 301(dd), June 2, 1970, 84 Stat. 291; Pub.

L. 98-473, title II, Sec. 321, Oct. 12, 1984, 98 Stat. 2056; Pub.

L. 98-573, title II, Sec. 213(a)(3), Oct. 30, 1984, 98 Stat. 2984.)

-REFTEXT-

REFERENCES IN TEXT

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

to this title.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 606, 42 Stat. 985. That

section was superseded by section 606 of act June 17, 1930,

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

1930 act.

Prior provisions for appraisement of property seized under the

customs laws, or laws relating to the registering, enrolling or

licensing of vessels, were contained in R.S. Sec. 3074, prior to

repeal by act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42 Stat.

989.

AMENDMENTS

1984 - Pub. L. 98-573 and Pub. L. 98-473 inserted reference to

aircraft.

1970 - Pub. L. 91-271 substituted ''appropriate customs officer

shall'' for ''collector shall require the appraiser to''.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective Oct. 15, 1984, see section

214(e) of Pub. L. 98-573, set out as a note under section 1304 of

this title.

EFFECTIVE DATE OF 1970 AMENDMENT

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

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

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1600, 1614, 2254 of this

title.

-CITE-

19 USC Sec. 1607 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1607. Seizure; value $500,000 or less, prohibited articles,

transporting conveyances

-STATUTE-

(a) Notice of seizure

If -

(1) the value of such seized vessel, vehicle, aircraft,

merchandise, or baggage does not exceed $500,000;

(2) such seized merchandise is merchandise the importation of

which is prohibited;

(3) such seized vessel, vehicle, or aircraft was used to

import, export, transport, or store any controlled substance or

listed chemical; or

(4) such seized merchandise is any monetary instrument within

the meaning of section 5312(a)(3) of title 31;

the appropriate customs officer shall cause a notice of the seizure

of such articles and the intention to forfeit and sell or otherwise

dispose of the same according to law to be published for at least

three successive weeks in such manner as the Secretary of the

Treasury may direct. Written notice of seizure together with

information on the applicable procedures shall be sent to each

party who appears to have an interest in the seized article.

(b) ''Controlled substance'' and ''listed chemical'' defined

As used in this section, the terms ''controlled substance'' and

''listed chemical'' have the meaning given such terms in section

802 of title 21.

(c) Report to Congress

The Commissioner of Customs shall submit to the Congress, by no

later than February 1 of each fiscal year, a report on the total

dollar value of uncontested seizures of monetary instruments having

a value of over $100,000 which, or the proceeds of which, have not

been deposited into the Customs Forfeiture Fund under section 1613b

of this title within 120 days of seizure, as of the end of the

previous fiscal year.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 607, 46 Stat. 754; June 25,

1938, ch. 679, Sec. 28(a), 52 Stat. 1089; Sept. 1, 1954, ch. 1213,

title V, Sec. 506, 68 Stat. 1141; Pub. L. 91-271, title III, Sec.

301(ee), June 2, 1970, 84 Stat. 291; Pub. L. 95-410, title I, Sec.

111(a), Oct. 3, 1978, 92 Stat. 897; Pub. L. 98-473, title II, Sec.

311, Oct. 12, 1984, 98 Stat. 2053; Pub. L. 98-573, title II, Sec.

213(a)(4), Oct. 30, 1984, 98 Stat. 2984; Pub. L. 101-382, title I,

Sec. 122, Aug. 20, 1990, 104 Stat. 642; Pub. L. 104-237, title II,

Sec. 201(c), Oct. 3, 1996, 110 Stat. 3101.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 607, 42 Stat. 985. That

section was superseded by section 607 of act June 17, 1930,

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

1930 act.

Prior provisions for publication or posting of notice of seizure,

requiring claimants to appear and file their claim, when the

appraised value did not exceed $500, were contained in R.S. Sec.

3075, prior to repeal by act Sept. 21, 1922, ch. 356, title IV,

Sec. 642, 42 Stat. 989.

AMENDMENTS

1996 - Subsec. (a)(3). Pub. L. 104-237, Sec. 201(c)(1), inserted

''or listed chemical'' after ''controlled substance''.

Subsec. (b). Pub. L. 104-237, Sec. 201(c)(2), amended subsec. (b)

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

used in this section, the term 'controlled substance' has the

meaning given that term in section 802 of title 21.''

1990 - Pub. L. 101-382, Sec. 122(6), substituted ''$500,000'' for

''$100,000'' in section catchline.

Subsec. (a)(1). Pub. L. 101-382, Sec. 122(1), substituted

''$500,000'' for ''$100,000''.

Subsec. (a)(4). Pub. L. 101-382, Sec. 122(2)-(4), added par. (4).

Subsec. (c). Pub. L. 101-382, Sec. 122(5), added subsec. (c).

1984 - Pub. L. 98-573 amended section generally. See explanation

below for amendment by Pub. L. 98-473.

Pub. L. 98-473 amended section generally in manner substantially

identical to amendment by Pub. L. 98-573. Prior to amendment,

section read as follows: ''If such value of such vessel, vehicle,

merchandise, or baggage does not exceed $10,000, the appropriate

customs officer shall cause a notice of the seizure of such

articles and the intention to forfeit and sell or otherwise dispose

of the same according to law to be published for at least three

successive weeks in such manner as the Secretary of the Treasury

may direct. For the purposes of this section and sections 1610 and

1612 of this title merchandise the importation of which is

prohibited shall be held not to exceed $10,000 in value.''

1978 - Pub. L. 95-410 substituted ''$10,000'' for ''$2,500''

wherever appearing.

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

customs officer for reference to collector, and struck out

reference to appraiser's return of value.

1954 - Act Sept. 1, 1954, substituted ''$2,500'' for ''$1,000''

wherever appearing.

1938 - Act June 25, 1938, substituted ''forfeit and sell or

otherwise dispose of the same according to law'' for ''forfeit and

sell the same''.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective Oct. 15, 1984, see section

214(e) of Pub. L. 98-573, set out as a note under section 1304 of

this title.

EFFECTIVE DATE OF 1970 AMENDMENT

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

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

title.

EFFECTIVE DATE OF 1938 AMENDMENT

Amendment by act June 25, 1938, effective on thirtieth day

following June 25, 1938, except as otherwise specifically provided,

see section 37 of act June 25, 1938, set out as a note under

section 1401 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

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

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

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

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

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

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

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1600, 1610, 1612 of this

title.

-CITE-

19 USC Sec. 1608 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1608. Seizure; claims; judicial condemnation

-STATUTE-

Any person claiming such vessel, vehicle, aircraft, merchandise,

or baggage may at any time within twenty days from the date of the

first publication of the notice of seizure file with the

appropriate customs officer a claim stating his interest therein.

Upon the filing of such claim, and the giving of a bond to the

United States in the penal sum of $5,000 or 10 percent of the value

of the claimed property, whichever is lower, but not less than

$250, with sureties to be approved by such customs officer,

conditioned that in case of condemnation of the articles so claimed

the obligor shall pay all the costs and expenses of the proceedings

to obtain such condemnation, such customs officer shall transmit

such claim and bond, with a duplicate list and description of the

articles seized, to the United States attorney for the district in

which seizure was made, who shall proceed to a condemnation of the

merchandise or other property in the manner prescribed by law.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 608, 46 Stat. 755; Pub. L.

91-271, title III, Sec. 301(e), June 2, 1970, 84 Stat. 288; Pub. L.

98-473, title II, Sec. 312, 321, Oct. 12, 1984, 98 Stat. 2054,

2056; Pub. L. 98-573, title II, Sec. 213(a)(5), Oct. 30, 1984, 98

Stat. 2985; Pub. L. 99-570, title I, Sec. 1862, Oct. 27, 1986, 100

Stat. 3207-54; Pub. L. 100-690, title VII, Sec. 7367(c)(2), Nov.

18, 1988, 102 Stat. 4479.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

R.S. Sec. 3076, which was superseded by act Sept. 21, 1922, ch.

356, title IV, Sec. 608, 42 Stat. 985, and was repealed by section

642 thereof. Section 608 of the 1922 act was superseded by section

608 of act June 17, 1930, comprising this section, and repealed by

section 651(a)(1) of the 1930 act.

AMENDMENTS

1988 - Pub. L. 100-690 reenacted section without change. See

1984 and 1986 Amendment notes below.

1986 - Pub. L. 99-570, Sec. 1862(a), substituted ''$5,000'' for

''$2,500''. See 1984 Amendment notes below.

Pub. L. 99-570, Sec. 1862(b), which provided that ''Section 608

of such Act (this section), as enacted by Public Law 98-473, is

repealed'', was not executed to text because such section was

amended (rather than enacted) by Pub. L. 98-473, and to reflect the

probable intent of Congress to repeal the amendment made by Pub. L.

98-473 in view of later amendment by Pub. L. 98-573. See 1984

Amendment notes below.

1984 - Pub. L. 98-573, Sec. 213(a)(5)(B), which directed the

insertion of ''$2,500 or 10 percent of the value of the claimed

property, whichever is lower, but not less than'' after ''penal sum

of'', was executed to text as superseding the amendment made by

Pub. L. 98-473 to reflect the probable intent of Congress. See 1986

Amendment note above.

Pub. L. 98-473, Sec. 312, inserted ''$5,000 or 10 per centum of

the value of the claimed property, whichever is lower, but not less

than,'' after ''penal sum of''. See 1984 and 1986 Amendment notes

above.

Pub. L. 98-573, Sec. 213(a)(5)(A), and Pub. L. 98-473, Sec. 321,

inserted reference to aircraft.

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

customs officer or such customs officer for references to collector

wherever appearing.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective Oct. 15, 1984, see section

214(e) of Pub. L. 98-573, set out as a note under section 1304 of

this title.

EFFECTIVE DATE OF 1970 AMENDMENT

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

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

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1600 of this title.

-CITE-

19 USC Sec. 1609 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1609. Seizure; summary forfeiture and sale

-STATUTE-

(a) In general

If no such claim is filed or bond given within the twenty days

hereinbefore specified, the appropriate customs officer shall

declare the vessel, vehicle, aircraft, merchandise, or baggage

forfeited, and shall sell the same at public auction in the same

manner as merchandise abandoned to the United States is sold or

otherwise dispose of the same according to law, and shall deposit

the proceeds of sale, after deducting the expenses described in

section 1613 of this title, into the Customs Forfeiture Fund.

(b) Effect

A declaration of forfeiture under this section shall have the

same force and effect as a final decree and order of forfeiture in

a judicial forfeiture proceeding in a district court of the United

States. Title shall be deemed to vest in the United States free and

clear of any liens or encumbrances (except for first preferred ship

mortgages pursuant to section 961 of title 46, Appendix, or any

corresponding revision, consolidation, and enactment of such

subsection in title 46) from the date of the act for which the

forfeiture was incurred. Officials of the various States, insular

possessions, territories, and commonwealths of the United States

shall, upon application of the appropriate customs officer

accompanied by a certified copy of the declaration of forfeiture,

remove any recorded liens or encumbrances which apply to such

property and issue or reissue the necessary certificates of title,

registration certificates, or similar documents to the United

States or to any transferee of the United States.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 609, 46 Stat. 755; June 25,

1938, ch. 679, Sec. 28(b), 52 Stat. 1089; Pub. L. 91-271, title

III, Sec. 301(b), June 2, 1970, 84 Stat. 287; Pub. L. 98-473, title

II, Sec. 313, 321, Oct. 12, 1984, 98 Stat. 2054, 2056; Pub. L.

98-573, title II, Sec. 213(a)(6), Oct. 30, 1984, 98 Stat. 2985;

Pub. L. 100-690, title VII, Sec. 7367(b), Nov. 18, 1988, 102 Stat.

4479.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 609, 42 Stat. 985. That

section was superseded by section 609 of act June 17, 1930,

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

1930 act.

Provisions for sale of the property by the collector if no claim

should be filed or bond given, were contained in R.S. Sec. 3077,

prior to repeal by act Sept. 21, 1922, ch. 356, title IV, Sec. 642,

42 Stat. 989.

AMENDMENTS

1988 - Pub. L. 100-690 amended section generally. Prior to

amendment, section read as follows:

''(a) If no such claim is filed or bond given within the twenty

days hereinbefore specified, the appropriate customs officer shall

declare the vessel, vehicle, aircraft, merchandise, or baggage

forfeited, and shall sell the same at public auction in the same

manner as merchandise abandoned to the United States is sold or

otherwise dispose of the same according to law, and (except as

provided in subsection (b) of this section) shall deposit the

proceeds of sale, after deducting expenses enumerated in section

1613 of this title into the Customs Forfeiture Fund.

''(b) During the period beginning on October 30, 1984, and ending

on September 30, 1987, the appropriate customs officer shall

deposit the proceeds of sale (after deducting such expenses) in the

Customs Forfeiture Fund.''

1984 - Pub. L. 98-573 designated existing provisions as subsec.

(a), inserted reference to aircraft, inserted ''(except as provided

in subsection (b) of this section)'' after ''according to law,

and'', and added subsec. (b).

Pub. L. 98-473, Sec. 321, inserted reference to aircraft.

Pub. L. 98-473, Sec. 313, substituted ''after deducting expenses

enumerated in section 1613 of this title into the Customs

Forfeiture Fund'' for ''after deducting the actual expenses of

seizure, publication, and sale in the Treasury of the United

States''.

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

customs officer for reference to collector.

1938 - Act June 25, 1938, inserted ''or otherwise dispose of the

same according to law'' after ''in the same manner as merchandise

abandoned to the United States is sold''.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective Oct. 15, 1984, see section

214(e) of Pub. L. 98-573, set out as a note under section 1304 of

this title.

EFFECTIVE DATE OF 1970 AMENDMENT

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

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

title.

EFFECTIVE DATE OF 1938 AMENDMENT

Amendment by act June 25, 1938, effective on thirtieth day

following June 25, 1938, except as otherwise specifically provided,

see section 37 of act June 25, 1938, set out as a note under

section 1401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1600 of this title.

-CITE-

19 USC Sec. 1610 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1610. Seizure; judicial forfeiture proceedings

-STATUTE-

If any vessel, vehicle, aircraft, merchandise, or baggage is not

subject to section 1607 of this title, the appropriate customs

officer shall transmit a report of the case, with the names of

available witnesses, to the United States attorney for the district

in which the seizure was made for the institution of the proper

proceedings for the condemnation of such property.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 610, 46 Stat. 755; Sept. 1,

1954, ch. 1213, title V, Sec. 506, 68 Stat. 1141; Pub. L. 91-271,

title III, Sec. 301(ee), June 2, 1970, 84 Stat. 291; Pub. L.

95-410, title I, Sec. 111(b), Oct. 3, 1978, 92 Stat. 898; Pub. L.

98-473, title II, Sec. 314, Oct. 12, 1984, 98 Stat. 2054; Pub. L.

98-573, title II, Sec. 213(a)(7), Oct. 30, 1984, 98 Stat. 2985;

Pub. L. 100-690, title VII, Sec. 7367(c)(3), Nov. 18, 1988, 102

Stat. 4480.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 610, 42 Stat. 985. That

section was superseded by section 610 of act June 17, 1930,

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

1930 act.

AMENDMENTS

1988 - Pub. L. 100-690 reenacted section without change.

1984 - Pub. L. 98-573 substituted ''If any vessel, vehicle,

aircraft, merchandise, or baggage is not subject to section 1607 of

this title'' for ''If the value of any vessel, vehicle,

merchandise, or baggage so seized is greater than $10,000''.

Pub. L. 98-473 amended section in manner substantially identical

to amendment by Pub. L. 98-573.

1978 - Pub. L. 95-410 substituted ''$10,000'' for ''$2,500''

wherever appearing.

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

customs officer for reference to collector, and struck out

reference to appraiser's return of value.

1954 - Act Sept. 1, 1954, substituted ''$2,500'' for ''$1,000''.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective Oct. 15, 1984, see section

214(e) of Pub. L. 98-573, set out as a note under section 1304 of

this title.

EFFECTIVE DATE OF 1970 AMENDMENT

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

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

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1600 of this title.

-CITE-

19 USC Sec. 1611 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1611. Seizure; sale unlawful

-STATUTE-

If the sale of any vessel, vehicle, aircraft, merchandise, or

baggage forfeited under the customs laws in the district in which

seizure thereof was made be prohibited by the laws of the State in

which such district is located, or if a sale may be made more

advantageously in any other district, the Secretary of the Treasury

may order such vessel, vehicle, aircraft, merchandise, or baggage

to be transferred for sale in any customs district in which the

sale thereof may be permitted. Upon the request of the Secretary

of the Treasury, any court may, in proceedings for the forfeiture

of any vessel, vehicle, aircraft, merchandise, or baggage under the

customs laws, provide in its decree of forfeiture that the vessel,

vehicle, aircraft, merchandise, or baggage, so forfeited, shall be

delivered to the Secretary of the Treasury for disposition in

accordance with the provisions of this section. If the Secretary

of the Treasury is satisfied that the proceeds of any sale will not

be sufficient to pay the costs thereof, he may order a destruction

by the customs officers: Provided, That any merchandise forfeited

under the customs laws, the sale or use of which is prohibited

under any law of the United States or of any State, may, in the

discretion of the Secretary of the Treasury, be destroyed, or

remanufactured into an article that is not prohibited, the

resulting article to be disposed of to the profit of the United

States only.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 611, 46 Stat. 755; Pub. L.

98-473, title II, Sec. 321, Oct. 12, 1984, 98 Stat. 2056; Pub. L.

98-573, title II, Sec. 213(a)(8), Oct. 30, 1984, 98 Stat. 2985.)

-REFTEXT-

REFERENCES IN TEXT

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

to this title.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 611, 42 Stat. 985. That

section was superseded by section 611 of act June 17, 1930,

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

1930 act.

AMENDMENTS

1984 - Pub. L. 98-573 and Pub. L. 98-473 inserted reference to

aircraft in four places.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective Oct. 15, 1984, see section

214(e) of Pub. L. 98-573, set out as a note under section 1304 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1600 of this title.

-CITE-

19 USC Sec. 1612 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1612. Seizure; summary sale

-STATUTE-

(a) Whenever it appears to the Customs Service that any vessel,

vehicle, aircraft, merchandise, or baggage seized under the customs

laws is liable to perish or to waste or to be greatly reduced in

value by keeping, or that the expense of keeping the same is

disproportionate to the value thereof, and such vessel, vehicle,

aircraft, merchandise, or baggage is subject to section 1607 of

this title, and such vessel, vehicle, aircraft, merchandise, or

baggage has not been delivered under bond, the Customs Service

shall proceed forthwith to advertise and sell the same at auction

under regulations to be prescribed by the Secretary of the

Treasury. If such vessel, vehicle, aircraft, merchandise, or

baggage is not subject to section 1607 of this title, the Customs

Service shall forthwith transmit its report of the seizure to the

United States attorney, who shall petition the court to order an

immediate sale of such vessel, vehicle, aircraft, merchandise, or

baggage, and if the ends of justice require it the court shall

order such immediate sale, the proceeds thereof to be deposited

with the court to await the final determination of the condemnation

proceedings. Whether such sale be made by the Customs Service or

by order of the court, the proceeds thereof shall be held subject

to claims of parties in interest to the same extent as the vessel,

vehicle, aircraft, merchandise, or baggage so sold would have been

subject to such claim.

(b) If the Customs Service determines that the expense of keeping

the vessel, vehicle, aircraft, merchandise, or baggage is

disproportionate to the value thereof, the Customs Service may

promptly order the destruction or other appropriate disposition of

such property under regulations prescribed by the Secretary. No

customs officer shall be liable for the destruction or other

disposition of property made pursuant to this section.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 612, 46 Stat. 755; June 25,

1948, ch. 646, Sec. 1, 62 Stat. 869; Sept. 1, 1954, ch. 1213, title

V, Sec. 506, 68 Stat. 1141; Pub. L. 91-271, title III, Sec.

301(ff), June 2, 1970, 84 Stat. 291; Pub. L. 95-410, title I, Sec.

111(c), Oct. 3, 1978, 92 Stat. 898; Pub. L. 98-473, title II, Sec.

315, Oct. 12, 1984, 98 Stat. 2054; Pub. L. 98-573, title II, Sec.

213(a)(9), Oct. 30, 1984, 98 Stat. 2985; Pub. L. 100-690, title

VII, Sec. 7367(c)(4), Nov. 18, 1988, 102 Stat. 4480; Pub. L.

103-182, title VI, Sec. 667, Dec. 8, 1993, 107 Stat. 2215.)

-REFTEXT-

REFERENCES IN TEXT

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

generally to this title.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 612, 42 Stat. 986. That

section was superseded by section 612 of act June 17, 1930,

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

1930 act.

Provisions concerning the sale of property liable to perish or

waste, etc., were contained in R.S. Sec. 3080, prior to repeal by

act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42 Stat. 989.

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-182, Sec. 667(1), substituted

''the Customs Service'' for ''the appropriate customs officer''

after ''Whenever it appears to'', for ''such officer'' after

''delivered under bond,'', for ''such officer'' before ''shall

forthwith transmit'' and for ''the customs officer'' after

''Whether such sale be made by'' and substituted ''its report of

the seizure'' for ''the appraiser's return and his report of the

seizure''.

Subsec. (b). Pub. L. 103-182, Sec. 667(2), amended subsec. (b)

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

the expense of keeping the vessel, vehicle, aircraft, merchandise,

or baggage is disproportionate to the value thereof, and such value

is less than $1,000, such officer may proceed forthwith to order

destruction or other appropriate disposition of such property,

under regulations prescribed by the Secretary of the Treasury.''

1988 - Pub. L. 100-690 reenacted section substantially without

change.

1984 - Subsec. (a). Pub. L. 98-573 designated existing provisions

as subsec. (a), inserted reference to aircraft in six places and

substituted ''the value thereof, and such vessel'' for ''the value

thereof, and the value of such vessel'', ''is subject to section

1607 of this title'' for ''as determined under section 1606 of this

title, does not exceed $10,000'', ''If such vessel'' for ''If such

value of such vessel'', and ''baggage is not subject to section

1607 of this title,'' for ''baggage exceeds $10,000'', and added

subsec. (b).

Pub. L. 98-473 amended section in manner substantially identical

to amendment by Pub. L. 98-573, but did not add a subsec. (b) or

provisions similar thereto.

1978 - Pub. L. 95-410 substituted ''$10,000'' for ''$2,500''

wherever appearing.

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

customs officer or such officer for references to collector

wherever appearing therein, and struck out references to appraiser

and appraiser's return of value.

1954 - Act Sept. 1, 1954, substituted ''$2,500'' for ''$1,000''

wherever appearing.

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, substituted ''United

States attorney'' for ''United States district attorney''. See

section 541 of Title 28, Judiciary and Judicial Procedure, and

Historical and Revision Note thereunder.

-MISC4-

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective Oct. 15, 1984, see section

214(e) of Pub. L. 98-573, set out as a note under section 1304 of

this title.

EFFECTIVE DATE OF 1970 AMENDMENT

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

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

title.

-TRANS-

TRANSFER OF FUNCTIONS

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

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

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

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

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

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

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1600, 1613b of this

title; title 16 section 1861; title 31 section 9703.

-CITE-

19 USC Sec. 1613 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1613. Disposition of proceeds of forfeited property

-STATUTE-

(a) Application for remission of forfeiture and restoration of

proceeds of sale; disposition of proceeds when no application

has been made

Except as provided in subsection (b) of this section, any person

claiming any vessel, vehicle, aircraft, merchandise, or baggage, or

any interest therein, which has been forfeited and sold under the

provisions of this chapter, may at any time within three months

after the date of sale apply to the Secretary of the Treasury if

the forfeiture and sale was under the customs laws, or to the

Commandant of the Coast Guard or the Commissioner of Customs, as

the case may be, if the forfeiture and sale was under the

navigation laws, for a remission of the forfeiture and restoration

of the proceeds of such sale, or such part thereof as may be

claimed by him. Upon the production of satisfactory proof that the

applicant did not know of the seizure prior to the declaration or

condemnation of forfeiture, and was in such circumstances as

prevented him from knowing of the same, and that such forfeiture

was incurred without any willful negligence or intention to defraud

on the part of the applicant, the Secretary of the Treasury, the

Commandant of the Coast Guard, or the Commissioner of Customs may

order the proceeds of the sale, or any part thereof, restored to

the applicant, after deducting the cost of seizure and of sale, the

duties, if any, accruing on the merchandise or baggage, and any sum

due on a lien for freight, charges, or contribution in general

average that may have been filed. If no application for such

remission or restoration is made within three months after such

sale, or if the application be denied by the Secretary of the

Treasury, the Commandant of the Coast Guard, or the Commissioner of

Customs, the proceeds of sale shall be disposed of as follows:

(1) For the payment of all proper expenses of the proceedings

of forfeiture and sale, including expenses of seizure,

maintaining the custody of the property, advertising and sale,

and if condemned by a decree of a district court and a bond for

such costs was not given, the costs as taxed by the court;

(2) For the satisfaction of liens for freight, charges, and

contributions in general average, notice of which has been filed

with the appropriate customs officer according to law; and

(3) The residue shall be deposited in the general fund of the

Treasury of the United States. (FOOTNOTE 1)

(FOOTNOTE 1) See 1984 Amendment note below.

(b) Disposition of proceeds in excess of penalty assessed under

section 1592

If merchandise is forfeited under section 1592 of this title, any

proceeds from the sale thereof in excess of the monetary penalty

finally assessed thereunder and the expenses and costs described in

subsection (a)(1) and (2) of this section or subsection (a)(1),

(a)(3), or (a)(4) of section 1613b of this title incurred in such

sale shall be returned to the person against whom the penalty was

assessed.

(c) Treatment of deposits

If property is seized by the Secretary under law enforced or

administered by the Customs Service, or otherwise acquired under

section 1605 of this title, and relief from the forfeiture is

granted by the Secretary, or his designee, upon terms requiring the

deposit or retention of a monetary amount in lieu of the

forfeiture, the amount recovered shall be treated in the same

manner as the proceeds of sale of a forfeited item.

(d) Expenses

In any judicial or administrative proceeding to forfeit property

under any law enforced or administered by the Customs Service or

the Coast Guard, the seizure, storage, and other expenses related

to the forfeiture that are incurred by the Customs Service or the

Coast Guard after the seizure, but before the institution of, or

during, the proceedings, shall be a priority claim in the same

manner as the court costs and the expenses of the Federal marshal.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 613, 46 Stat. 756; June 25,

1938, ch. 679, Sec. 29, 52 Stat. 1089; 1946 Reorg. Plan No. 3, Sec.

101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Pub. L.

91-271, title III, Sec. 301(b), June 2, 1970, 84 Stat. 287; Pub. L.

95-410, title I, Sec. 110(c), Oct. 3, 1978, 92 Stat. 896; Pub. L.

98-473, title II, Sec. 316, 321, Oct. 12, 1984, 98 Stat. 2054,

2056; Pub. L. 98-573, title II, Sec. 213(a)(10), Oct. 30, 1984, 98

Stat. 2986; Pub. L. 99-570, title III, Sec. 3124, Oct. 27, 1986,

100 Stat. 3207-88.)

-REFTEXT-

REFERENCES IN TEXT

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

to this title.

The navigation laws, referred to in text, are classified

generally to Title 33, Navigation and Navigable Waters.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 613, 42 Stat. 986. That

section was superseded by section 613 of act June 17, 1930,

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

1930 act.

Provisions authorizing applications to the Secretary of the

Treasury for remission of forfeitures and restoration of the

proceeds of sales, and provisions substantially the same as those

in this section concerning the granting of such applications, were

contained in R.S. Sec. 3078. R.S. Sec. 3079 provided that if no

application was made within three months the proceeds should be

distributed in the same manner as if the property had been

condemned and sold under a decree of court. R.S. Sec. 3090, as

amended by act Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 248, also

specified how the proceeds of fines, penalties, and forfeitures

incurred under customs laws, should be applied and distributed.

All these sections were repealed by act Sept. 21, 1922, ch. 356,

title IV, Sec. 642, 42 Stat. 989.

AMENDMENTS

1986 - Subsecs. (c), (d). Pub. L. 99-570 added subsecs. (c) and

(d).

1984 - Subsec. (a). Pub. L. 98-573, Sec. 213(a)(10)(A), and Pub.

L. 98-473, Sec. 321, inserted reference to aircraft in provisions

preceding par. (1).

Subsec. (a)(3). Pub. L. 98-573, Sec. 213(a)(10)(B), substituted

''in the general fund of the Treasury of the United States'' for

''with the Treasurer of the United States as a customs or

navigation fine''.

Pub. L. 98-473, Sec. 316, which directed the substitution of

''The residue shall be deposited in the Customs Forfeiture Fund''

for ''The residue shall be deposited with the Treasurer of the

United States as a customs or navigation fine'' was not executed to

text in view of the later amendment by section 213(a)(10)(B) of

Pub. L. 98-573.

Subsec. (b). Pub. L. 98-573, Sec. 213(a)(10)(C), inserted ''or

subsection (a)(1), (a)(3), or (a)(4) of section 1613b of this

title''.

1978 - Subsec. (a). Pub. L. 95-410, Sec. 110(c)(1), designated

existing provisions as subsec. (a) and substituted ''Except as

provided in subsection (b) of this section, any'' for ''Any''.

Subsec. (b). Pub. L. 95-410, Sec. 110(c)(2), added subsec. (b).

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

customs officer for reference to collector.

1938 - Act June 25, 1938, inserted ''and'' at end of subd. (2),

struck out subd. (3), and redesignated subd. (4) as (3).

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective Oct. 15, 1984, see section

214(e) of Pub. L. 98-573, set out as a note under section 1304 of

this title.

EFFECTIVE DATE OF 1970 AMENDMENT

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

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

title.

EFFECTIVE DATE OF 1938 AMENDMENT

Amendment by act June 25, 1938, effective on thirtieth day

following June 25, 1938, except as otherwise specifically provided,

see section 37 of act June 25, 1938, set out as a note under

section 1401 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of 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.

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.

Coast Guard transferred to Department of Transportation, and

functions, powers, and duties relating to Coast Guard of Secretary

of the Treasury and of other officers and offices of Department of

the Treasury transferred to Secretary of Transportation by Pub. L.

89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2)

of Pub. L. 89-670, however, provided that notwithstanding such

transfer of functions, Coast Guard shall operate as part of Navy in

time of war or when President directs as provided in section 3 of

Title 14. See section 108 of Title 49, Transportation.

For transfer of functions of other officers, employees, and

agencies of Department of the Treasury, with certain exceptions, to

Secretary of the Treasury with power to delegate, see 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. Commissioner of Customs, referred to in

text, was an officer in Department of the Treasury. Functions of

Coast Guard and Commandant of Coast Guard excepted from transfer

when Coast Guard is operating as part of Navy under sections 1 and

3 of Title 14, Coast Guard.

By Reorg. Plan No. 3 of 1946, set out in the Appendix to Title 5,

Government Organization and Employees, functions of Secretary of

Commerce relating to remission and mitigation of fines, penalties

and forfeitures incurred for violation of navigation laws were

transferred to Commandant of Coast Guard and Commissioner of

Customs, subject to direction and control of Secretary of the

Treasury, except as otherwise required by law with respect to

United States Coast Guard whenever it operates as a part of Navy.

Accordingly, references to Commandant of Coast Guard and

Commissioner of Customs substituted in text for ''the Secretary of

Commerce''.

-MISC5-

APPROPRIATIONS

Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was

classified to section 725a of former Title 31, Money and Finance,

repealed the permanent appropriation under the title ''Proceeds of

goods seized and sold (Customs) (2x322)'' effective July 1, 1935,

and provided that such portions of any Acts as make permanent

appropriations to be expended under such account are amended so as

to authorize, in lieu thereof, annual appropriations from the

general fund of the Treasury in identical terms and in such amounts

as now provided by the laws providing such permanent

appropriations.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1600, 1609, 1613b, 1614,

2254 of this title.

-CITE-

19 USC Sec. 1613a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1613a. Repealed. Pub. L. 99-514, title XVIII, Sec. 1888(7),

Oct. 22, 1986, 100 Stat. 2925

-MISC1-

Section, act June 17, 1930, ch. 497, title IV, Sec. 613a, as

added and amended Oct. 12, 1984, Pub. L. 98-473, title II, Sec.

317, 2304, 98 Stat. 2054, 2193; Oct. 27, 1986, Pub. L. 99-570,

title I, Sec. 1152(b)(1), 100 Stat. 3207-12; July 11, 1987, Pub. L.

100-71, title I, Sec. 101, 101 Stat. 438, related to establishment,

purpose, etc. of the Customs Forfeiture Fund. See section 1613b of

this title.

Section 1152(b)(1) of Pub. L. 99-570, which amended this section

subsequently to repeal by Pub. L. 99-514, was repealed by section

101 of Pub. L. 100-71, which also provided in part that section

1152(b) of Pub. L. 99-570 be treated as though it had never been

enacted.

-CITE-

19 USC Sec. 1613b 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1613b. Customs Forfeiture Fund

-STATUTE-

(a) In general

(1) There is established in the Treasury of the United States a

fund to be known as the ''Customs Forfeiture Fund'' (hereafter in

this section referred to as the ''Fund''), which shall be available

to the United States Customs Service, subject to appropriation,

with respect to seizures and forfeitures by the United States

Customs Service and the United States Coast Guard under any law

enforced or administered by those agencies for payment, or for

reimbursement to the appropriation from which payment was made, for

-

(A) all proper expenses of the seizure (including investigative

costs incurred by the United States Customs Service leading to

seizures) or the proceedings of forfeiture and sale, including,

but not limited to, the expenses of inventory, security, and

maintenance of custody of the property, advertisement and sale of

the property, and if condemned by the court and a bond for such

costs was not given, the costs as taxed by the court;

(B) awards of compensation to informers under section 1619 of

this title;

(C) satisfaction of -

(i) liens for freight, charges, and contributions in general

average, notice of which has been filed with the appropriate

customs officer according to law, and

(ii) other liens against forfeited property;

(D) amounts authorized by law with respect to remission and

mitigation;

(E) claims of parties in interest to property disposed of under

section 1612(b) of this title, in the amounts applicable to such

claims at the time of seizure; and

(F) equitable sharing payments made to other Federal agencies,

State and local law enforcement agencies, and foreign countries

under the authority of section 1616a(c) of this title or section

981 of title 18.

(2)(A) Any payment made under subparagraph (C) or (D) of

paragraph (1) with respect to a seizure or a forfeiture of property

shall not exceed the value of the property at the time of the

seizure.

(B) Any payment made under subparagraph (F) of paragraph (1) with

respect to a seizure or forfeiture of property shall not exceed the

value of the property at the time of disposition.

(3) In addition to the purposes described in paragraph (1), the

Fund shall be available for -

(A) purchases by the United States Customs Service of evidence

of -

(i) smuggling of controlled substances, and

(ii) violations of the currency and foreign transaction

reporting requirements of chapter 51 of title 31, if there is a

substantial probability that the violations of these

requirements are related to the smuggling of controlled

substances;

(B) equipment for any vessel, vehicle, or aircraft available

for official use by the United States Customs Service to enable

the vessel, vehicle, or aircraft to assist in law enforcement

functions;

(C) the reimbursement, at the discretion of the Secretary, of

private persons for expenses incurred by such persons in

cooperating with the United States Customs Service in

investigations and undercover law enforcement operations;

(D) publication of the availability of awards under section

1619 of this title;

(E) equipment for any vessel, vehicle, or aircraft available

for official use by a State or local law enforcement agency to

enable the vessel, vehicle, or aircraft to assist in law

enforcement functions if the conveyance will be used in joint law

enforcement operations with the United States Customs Service;

and

(F) payment of overtime salaries, travel, fuel, training,

equipment, and other similar costs of State and local law

enforcement officers that are incurred in joint law enforcement

operations with the United States Customs Service.

(b) United States Coast Guard

The Commissioner of Customs shall make available to the United

States Coast Guard, from funds appropriated under subsection (f)(2)

of this section in excess of $10,000,000 for a fiscal year,

proceeds in the Fund derived from seizures by the Coast Guard.

Funds made available under this subsection may be used for -

(1) equipment for any vessel, vehicle, or aircraft available

for official use by the United States Coast Guard to enable the

vessel, vehicle, or aircraft to assist in law enforcement

functions;

(2) equipment for any vessel, vehicle, equipment, or aircraft

available for official use by a State or local law enforcement

agency to enable the vessel, vehicle, or aircraft to assist in

law enforcement functions if the conveyance will be used in joint

law enforcement operations with the United States Coast Guard;

(3) payment of overtime salaries, travel, fuel, training,

equipment, and other similar costs of State and local law

enforcement officers that are incurred in joint law enforcement

operations with the United States Coast Guard; and

(4) expenses incurred in bringing vessels into compliance with

applicable environmental laws prior to disposal by sinking.

(c) Deposits

There shall be deposited into the Fund all forfeited currency and

proceeds from forfeiture under any law enforced or administered by

the United States Customs Service or the United States Coast Guard

and all income from investments made under subsection (d) of this

section.

(d) Investment

Amounts in the Fund which are not currently needed for the

purposes of this section shall be invested in obligations of, or

guaranteed by, the United States.

(e) Annual reports; audits

(1) The Commissioner of Customs shall transmit to the Congress,

by no later than February 1 of each fiscal year the following

detailed reports:

(A) a report on -

(i) the estimated total value of property forfeited under any

law enforced or administered by the United States Customs

Service or the United States Coast Guard with respect to which

funds were not deposited in the Fund during the previous fiscal

year, and

(ii) the estimated total value of all such property

transferred to any State or local law enforcement agency;

(B) a report on -

(i) the balance of the Fund at the beginning of the preceding

fiscal year;

(ii) liens and mortgages paid and amount of money shared with

State and local law enforcement agencies during the previous

fiscal year;

(iii) the net amount realized from the operations of the Fund

during the previous fiscal year, the amount of seized cash

being held as evidence, and the amount of money that has been

carried over to the current fiscal year;

(iv) any defendant's equity in property valued at $1,000,000

or more;

(v) the balance of the Fund at the end of the previous fiscal

year; and

(C) a report containing, for the previous fiscal year -

(i) a complete set of audited financial statements (including

a balance sheet, income statement, and cash flow analysis)

prepared in a manner consistent with the requirements of the

Comptroller General, and

(ii) an analysis of income and expenses showing the revenue

received or lost -

(I) by property category (general property, vehicles,

vessels, aircraft, cash, and real property) and

(II) by type of disposition (sales, remissions,

cancellations, placed into official use, sharing with State

and local agencies, and destructions).

(2) The Fund shall be subject to audits conducted by the

Comptroller General of the United States, under such conditions as

the Comptroller General determines appropriate.

(f) Authorization of appropriations

(1) There are hereby appropriated from the Fund such sums as may

be necessary to carry out the purposes set forth in subsection

(a)(1) of this section.

(2)(A) Subject to subparagraph (B), there are authorized to be

appropriated from the Fund not to exceed $20,000,000 for each

fiscal year to carry out the purposes set forth in subsections

(a)(3) and (b) of this section for such fiscal year.

(B) Of the amount authorized to be appropriated under

subparagraph (A), not to exceed the following, shall be available

to carry out the purposes set forth in subsection (a)(3) of this

section:

(i) $14,855,000 for fiscal year 1991.

(ii) $15,598,000 for fiscal year 1992.

(3) At the end of each fiscal year, any unobligated amount in

excess of $15,000,000 remaining in the Fund shall be deposited into

the general fund of the Treasury of the United States.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 613A, as added Pub. L.

98-573, title II, Sec. 213(a)(11), Oct. 30, 1984, 98 Stat. 2986;

amended Pub. L. 99-570, title I, Sec. 1152(b)(2), title III, Sec.

3142(a), Oct. 27, 1986, 100 Stat. 3207-12, 3207-93; Pub. L. 100-71,

title I, Sec. 101, July 11, 1987, 101 Stat. 438; Pub. L. 100-202,

Sec. 101(m) (title I, Sec. 106), Dec. 22, 1987, 101 Stat. 1329-390,

1329-397; Pub. L. 100-418, title I, Sec. 1912, Aug. 23, 1988, 102

Stat. 1320; Pub. L. 100-690, title VII, Sec. 7364, Nov. 18, 1988,

102 Stat. 4475; Pub. L. 101-382, title I, Sec. 121, Aug. 20, 1990,

104 Stat. 640; Pub. L. 101-508, title X, Sec. 10012(a), Nov. 5,

1990, 104 Stat. 1388-390; Pub. L. 104-316, title I, Sec. 110(a),

Oct. 19, 1996, 110 Stat. 3832.)

-MISC1-

PRIOR PROVISIONS

Prior similar provisions were contained in section 613a of act

June 17, 1930, as added by Pub. L. 98-473, title II, Sec. 317, Oct.

12, 1984, 98 Stat. 2054, which was classified to section 1613a of

this title and subsequently repealed.

AMENDMENTS

1996 - Subsec. (e)(2). Pub. L. 104-316 struck out ''annual

financial'' before ''audits conducted'' and inserted before period

at end '', under such conditions as the Comptroller General

determines appropriate''.

1990 - Subsec. (a)(1)(F). Pub. L. 101-382, Sec. 121(1), added

subpar. (F).

Subsec. (a)(2). Pub. L. 101-382, Sec. 121(2), designated existing

provisions as subpar. (A) and added subpar. (B).

Subsec. (c). Pub. L. 101-382, Sec. 121(3), inserted ''forfeited

currency and'' before ''proceeds''.

Subsec. (e)(1)(B). Pub. L. 101-382, Sec. 121(4)(B)(i), (ii),

redesignated cls. (iii) through (vi) as (ii) through (v),

respectively, and struck out former cl. (ii), which read as

follows: ''sources of receipts (seized cash, conveyances, and

others) of the Fund during the previous fiscal year;''.

Subsec. (e)(1)(C). Pub. L. 101-382, Sec. 121(4)(A), (B)(iii),

(iv), (C), added subpar. (C).

Subsec. (f). Pub. L. 101-382, Sec. 121(5), which amended subsec.

(f) generally to read as follows:

''(1) Subject to paragraph (2), there are authorized to be

appropriated from the Fund not to exceed $20,000,000 for each

fiscal year to carry out the purposes set forth in subsections

(a)(3) and (b) of this section for such fiscal year.

''(2) Of the amount authorized to be appropriated under

paragraph (1), not to exceed the following shall be available to

carry out the purposes set forth in subsection (a)(3) of this

section:

''(A) $14,855,000 for fiscal year 1991.

''(B) $15,598,000 for fiscal year 1992.''

was repealed by Pub. L. 101-508, Sec. 10012(a)(1). See Construction

of 1990 Amendment note below.

Subsec. (f)(2). Pub. L. 101-508, Sec. 10012(a)(2), amended par.

(2) generally. Prior to amendment, par. (2) read as follows:

''There are authorized to be appropriated from the Fund not to

exceed $20,000,000 for each fiscal year to carry out the purposes

set forth in subsections (a)(3) and (b) of this section for such

fiscal year.''

1988 - Pub. L. 100-690 amended section generally.

Subsec. (a)(iii). Pub. L. 100-418, Sec. 1912(2), substituted

''private persons'' for ''private citizens''.

Subsec. (c). Pub. L. 100-418, Sec. 1912(1), substituted

''described in subsection (a) of this section for which the fund is

available to the United States Customs Service,'' for ''beginning

on October 30, 1984, and ending on September 30, 1987,''.

1987 - Pub. L. 100-71 repealed Pub. L. 99-570, Sec. 1152(b)(2).

See 1986 Amendment note below.

Subsec. (a)(5)(v), (vi). Pub. L. 100-202 added cls. (v) and (vi).

1986 - Pub. L. 99-570, Sec. 1152(b)(2), which directed the repeal

of this section, was itself repealed by Pub. L. 100-71. See Repeal

and Revival of Section note below.

Subsec. (a). Pub. L. 99-570, Sec. 3142(a)(1)(A), (F), substituted

''1991'' for ''1987'' in introductory provisions and amended

generally concluding provisions which had read as follows: ''In

addition to the purposes described in paragraphs (1) through (6),

the fund shall be available for purchases by the United States

Customs Service of evidence of (A) smuggling of controlled

substances, and (B) violations of the currency and foreign

transaction reporting requirements of chapter 53 of title 31 if

there is a substantial probability that the violations of these

requirements are related to the smuggling of controlled

substances.''

Subsec. (a)(1). Pub. L. 99-570, Sec. 3142(a)(1)(B), inserted

''(including investigative costs leading to seizures)'' after ''of

the seizure''.

Subsec. (a)(5), (6). Pub. L. 99-570, Sec. 3142(a)(1)(C)-(E),

redesignated par. (6) as (5) and struck out former par. (5) which

provided that the fund would be available with respect to seizures

and forfeitures by the United States Customs Service for equipping

for law enforcement functions of forfeited vessels, vehicles and

aircraft retained as provided by law for official use by the

Customs Service.

Subsec. (f). Pub. L. 99-570, Sec. 3142(a)(2), amended subsec. (f)

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

''(1) There are authorized to be appropriated from the fund for

each of the four fiscal years beginning with fiscal year 1984, not

more than $10,000,000.

''(2) At the end of each of the first three of such four fiscal

years, any amount in the fund in excess of $10,000,000 shall be

deposited in the general fund of the Treasury. At the end of the

last of such four fiscal years, any amount in the fund shall be

deposited in the general fund of the Treasury, and the fund shall

cease to exist.''

EFFECTIVE DATE OF 1990 AMENDMENT

Section 10012(c) of Pub. L. 101-508 provided that: ''The

provisions of this section (amending this section) take effect

August 21, 1990.''

EFFECTIVE DATE OF 1986 AMENDMENT

Section 3142(b) of Pub. L. 99-570 provided that: ''The amendments

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

October 1, 1986.''

EFFECTIVE DATE

Section effective Oct. 15, 1984, see section 214(e) of Pub. L.

98-573, set out as an Effective Date of 1984 Amendment note under

section 1304 of this title.

CONSTRUCTION OF 1990 AMENDMENT

Section 10012(a)(1) of Pub. L. 101-508 provided that: ''Paragraph

(5) of section 121 of the Customs and Trade Act of 1990 (Pub. L.

101-382) is repealed and subsection (f) of section 613A of the

Tariff Act of 1930 (subsec. (f) of this section) shall be applied

as if the amendment made by such paragraph (5) had not been

enacted.''

REPEAL AND REVIVAL OF SECTION

Section 1152(b)(2) of Pub. L. 99-570, which had directed the

repeal of this section, was repealed by section 101 of Pub. L.

100-71, which also provided in part that section 1152(b) of Pub. L.

99-570 be treated as though it had never been enacted.

-TRANS-

TRANSFER OF FUNCTIONS

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

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

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

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

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

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

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

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

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1600, 1607, 1613 of this

title; title 31 section 9703.

-CITE-

19 USC Sec. 1614 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1614. Release of seized property

-STATUTE-

If any person claiming an interest in any vessel, vehicle,

aircraft, merchandise, or baggage seized under the provisions of

this chapter offers to pay the value of such vessel, vehicle,

aircraft, merchandise, or baggage, as determined under section 1606

of this title, and it appears that such person has in fact a

substantial interest therein, the appropriate customs officer may,

subject to the approval of the Secretary of the Treasury if under

the customs laws, or the Commandant of the Coast Guard or the

Commissioner of Customs, as the case may be, if under the

navigation laws, accept such offer and release the vessel, vehicle,

aircraft, merchandise, or baggage seized upon the payment of such

value thereof, which shall be distributed in the order provided in

section 1613 of this title.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 614, 46 Stat. 757; 1946

Reorg. Plan No. 3, Sec. 101-104, eff. July 16, 1946, 11 F.R. 7875,

60 Stat. 1097; Pub. L. 91-271, title III, Sec. 301(b), June 2,

1970, 84 Stat. 287; Pub. L. 98-473, title II, Sec. 321, Oct. 12,

1984, 98 Stat. 2056; Pub. L. 98-573, title II, Sec. 213(a)(12),

Oct. 30, 1984, 98 Stat. 2987.)

-REFTEXT-

REFERENCES IN TEXT

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

to this title.

The navigation laws, referred to in text, are classified

generally to Title 33, Navigation and Navigable Waters.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 614, 42 Stat. 987. That

section was superseded by section 614 of act June 17, 1930,

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

1930 act.

A prior provision authorizing collectors, subject to the approval

of the Secretary of the Treasury, to release seized merchandise on

payment of the appraised value when the appraised value did not

exceed $1,000, were contained in R.S. Sec. 3081, prior to repeal by

act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42 Stat. 989.

AMENDMENTS

1984 - Pub. L. 98-573 and Pub. L. 98-473 inserted reference to

aircraft in three places.

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

customs officer for reference to the collector.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective Oct. 15, 1984, see section

214(e) of Pub. L. 98-573, set out as a note under section 1304 of

this title.

EFFECTIVE DATE OF 1970 AMENDMENT

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

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

title.

-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.

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.

Substitution in text of reference to Commandant of the Coast

Guard or Commissioner of Customs for ''the Secretary of Commerce''

under the authority of Reorg. Plan No. 3 of 1946, see Transfer of

Functions note set out under section 1613 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1600, 2254 of this title.

-CITE-

19 USC Sec. 1615 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1615. Burden of proof in forfeiture proceedings

-STATUTE-

In all suits or actions (other than those arising under section

1592 of this title) brought for the forfeiture of any vessel,

vehicle, aircraft, merchandise, or baggage seized under the

provisions of any law relating to the collection of duties on

imports or tonnage, where the property is claimed by any person,

the burden of proof shall lie upon such claimant; and in all suits

or actions brought for the recovery of the value of any vessel,

vehicle, aircraft, merchandise, or baggage, because of violation of

any such law, the burden of proof shall be upon the defendant:

Provided, That probable cause shall be first shown for the

institution of such suit or action, to be judged of by the court,

subject to the following rules of proof:

(1) The testimony or deposition of the officer of the customs

who has boarded or required to come to a stop or seized a vessel,

vehicle, or aircraft, or has arrested a person, shall be prima

facie evidence of the place where the act in question occurred.

(2) Marks, labels, brands, or stamps, indicative of foreign

origin, upon or accompanying mechandise (FOOTNOTE 1) or

containers of merchandise, shall be prima facie evidence of the

foreign origin of such merchandise.

(FOOTNOTE 1) So in original. Probably should be

''merchandise''.

(3) The fact that a vessel of any description is found, or

discovered to have been, in the vicinity of any hovering vessel

and under any circumstances indicating contact or communication

therewith, whether by proceeding to or from such vessel, or by

coming to in the vicinity of such vessel, or by delivering to or

receiving from such vessel any merchandise, person, or

communication, or by any other means effecting contact or

communication therewith, shall be prima facie evidence that the

vessel in question has visited such hovering vessel.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 615, 46 Stat. 757; Aug. 5,

1935, ch. 438, title II, Sec. 207, 49 Stat. 525; Pub. L. 95-410,

title I, Sec. 110(d), Oct. 3, 1978, 92 Stat. 896; Pub. L. 98-473,

title II, Sec. 321, Oct. 12, 1984, 98 Stat. 2056; Pub. L. 98-573,

title II, Sec. 213(a)(13), Oct. 30, 1984, 98 Stat. 2987.)

-MISC1-

PRIOR PROVISIONS

Provisions somewhat similar to those in this section were

contained in act Oct. 3, 1913, ch. 16, Sec. III, T, 38 Stat. 189,

the provisions of which were originally enacted in the Customs

Administrative Act of June 10, 1890, ch. 407, Sec. 21, 26 Stat.

140, and reenacted by the Payne-Aldrich Tariff Act of Aug. 5, 1909,

ch. 6, Sec. 28, 36 Stat. 101, and amended by the 1913 act. Section

III of the 1913 act was superseded by act Sept. 21, 1922, ch. 356,

title IV, Sec. 615, 42 Stat. 987, and was repealed by section 643

thereof. Section 615 of the 1922 act was superseded by section 615

of act June 17, 1930, comprising this section, and repealed by

section 651(a)(1) of the 1930 act.

AMENDMENTS

1984 - Pub. L. 98-573 and Pub. L. 98-473 inserted reference to

aircraft in provisions preceding par. (1) and in par. (1).

1978 - Pub. L. 95-410 inserted ''(other than those arising under

section 1592 of this title)'' after ''In all suits or actions''.

1935 - Act Aug. 5, 1935, inserted a comma in place of a period at

the end, inserted ''subject to the following rules of proof'', and

added subds. (1) to (3).

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective Oct. 15, 1984, see section

214(e) of Pub. L. 98-573, set out as a note under section 1304 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1600, 2610 of this title.

-CITE-

19 USC Sec. 1616 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1616. Repealed. Pub. L. 99-570, title I, Sec. 1863(b), Oct.

27, 1986, 100 Stat. 3207-54

-MISC1-

Section, act June 17, 1930, ch. 497, title IV, Sec. 616, as added

Oct. 12, 1984, Pub. L. 98-473, title II, Sec. 318, 98 Stat. 2055,

related to disposition of forfeited property.

Another section 616 of act June 17, 1930, as added by Pub. L.

98-573, title II, Sec. 213(a)(4), Oct. 30, 1984, 98 Stat. 2987, is

classified to section 1616a of this title.

A prior section 616 of act June 17, 1930, ch. 497, title IV, 46

Stat. 757, related to prohibition against compromising Government

claims and was classified to this section, prior to repeal by act

June 25, 1948, ch. 645, Sec. 24, 62 Stat. 682, eff. Sept. 1, 1948.

See section 1915 of Title 18, Crimes and Criminal Procedure.

-CITE-

19 USC Sec. 1616a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1616a. Disposition of forfeited property

-STATUTE-

(a) State proceedings

The Secretary of the Treasury may discontinue forfeiture

proceedings under this chapter in favor of forfeiture under State

law. If a complaint for forfeiture is filed under this chapter,

the Attorney General may seek dismissal of the complaint in favor

of forfeiture under State law.

(b) Transfer of seized property; notice

If forfeiture proceedings are discontinued or dismissed under

this section -

(1) the United States may transfer the seized property to the

appropriate State or local official; and

(2) notice of the discontinuance or dismissal shall be provided

to all known interested parties.

(c) Retention or transfer of forfeited property

(1) The Secretary of the Treasury may apply property forfeited

under this chapter in accordance with subparagraph (A) or (B), or

both:

(A) Retain any of the property for official use.

(B) Transfer any of the property to -

(i) any other Federal agency;

(ii) any State or local law enforcement agency that

participated directly or indirectly in the seizure or

forfeiture of the property; or

(iii) the Civil Air Patrol.

(2) The Secretary may transfer any forfeited personal property or

the proceeds of the sale of any forfeited personal or real property

to any foreign country which participated directly or indirectly in

the seizure or forfeiture of the property, if such a transfer -

(A) has been agreed to by the Secretary of State;

(B) is authorized in an international agreement between the

United States and the foreign country; and

(C) is made to a country which, if applicable, has been

certified under section 2291j(b) of title 22.

(3) Aircraft may be transferred to the Civil Air Patrol under

paragraph (1)(B)(iii) in support of air search and rescue and other

emergency services and, pursuant to a memorandum of understanding

entered into with a Federal agency, illegal drug traffic

surveillance. Jet-powered aircraft may not be transferred to the

Civil Air Patrol under the authority of paragraph (1)(B)(iii).

(d) Liability of United States after transfer

The United States shall not be liable in any action relating to

property transferred under this section if such action is based on

an act or omission occurring after the transfer.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 616, as added Pub. L.

98-573, title II, Sec. 213(a)(14), Oct. 30, 1984, 98 Stat. 2987;

amended Pub. L. 99-570, title I, Sec. 1863(a), Oct. 27, 1986, 100

Stat. 3207-54; Pub. L. 100-690, title VII, Sec. 7366(a), Nov. 18,

1988, 102 Stat. 4478; Pub. L. 101-207, Sec. 3(e), Dec. 7, 1989, 103

Stat. 1834; Pub. L. 103-447, title I, Sec. 102(c), Nov. 2, 1994,

108 Stat. 4693.)

-COD-

CODIFICATION

Another section 616 of act June 17, 1930, as added by Pub. L.

98-473, title II, Sec. 318, Oct. 12, 1984, 98 Stat. 2055, was

classified to section 1616 of this title and subsequently repealed.

-MISC3-

AMENDMENTS

1994 - Subsec. (c)(2)(C). Pub. L. 103-447 substituted ''section

2291j(b) of title 22'' for ''section 2291(h) of title 22''.

1989 - Subsec. (c)(1)(B). Pub. L. 101-207, Sec. 3(e)(1), amended

subpar. (B) generally. Prior to amendment, subpar. (B) read as

follows: ''Transfer any of the property to any -

''(i) other Federal agency; or

''(ii) State or local law enforcement agency that participated

directly or indirectly in the seizure or forfeiture of the

property.''

Subsec. (c)(3). Pub. L. 101-207, Sec. 3(e)(2), added par. (3).

1988 - Subsec. (c). Pub. L. 100-690 amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: ''The

Secretary of the Treasury may transfer any property forfeited under

this chapter to any other Federal agency or to any State or local

law enforcement agency which participated directly in the seizure

or forfeiture of the property.''

1986 - Subsec. (c). Pub. L. 99-570 inserted ''any other Federal

agency or to'' after ''property forfeited under this chapter to''.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 7366(b) of Pub. L. 100-690 provided that: ''The amendment

made by subsection (a) (amending this section) applies with respect

to property forfeited under the Tariff Act of 1930 (this chapter)

on or after the date of the enactment of this Act (Nov. 18,

1988).''

EFFECTIVE DATE

Section effective Oct. 15, 1984, see section 214(e) of Pub. L.

98-573, set out as an Effective Date of 1984 Amendment note under

section 1304 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1600, 1613b of this

title; title 18 sections 1467, 2253, 2254; title 21 section 881;

title 31 section 9703.

-CITE-

19 USC Sec. 1617 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1617. Compromise of Government claims by Secretary of the

Treasury

-STATUTE-

Upon a report by a customs officer, United States attorney, or

any special attorney, having charge of any claim arising under the

customs laws, showing the facts upon which such claim is based, the

probabilities of a recovery and the terms upon which the same may

be compromised, the Secretary of the Treasury is authorized to

compromise such claim, if such action shall be recommended by the

General Counsel for the Department of the Treasury.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 617, 46 Stat. 757; May 10,

1934, ch. 277, Sec. 512(b), 48 Stat. 759; June 25, 1948, ch. 646,

Sec. 1, 62 Stat. 869; Pub. L. 91-271, title III, Sec. 301(gg), June

2, 1970, 84 Stat. 291.)

-REFTEXT-

REFERENCES IN TEXT

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

to this title.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 617, 42 Stat. 987. That

section was superseded by section 617 of act June 17, 1930,

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

1930 act.

AMENDMENTS

1970 - Pub. L. 91-271 substituted reference to customs officer

for reference to collector and struck out reference to customs

agents.

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, substituted ''United

States attorney'' for ''district attorney''. See section 541 of

Title 28, Judiciary and Judicial Procedure, and Historical and

Revision Note thereunder.

-MISC4-

EFFECTIVE DATE OF 1970 AMENDMENT

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

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

title.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of the Treasury, General Counsel of

Department of the Treasury, or Department of the Treasury under

this section with respect to functions transferred to Secretary of

Commerce in sections 1303 and 1671 et seq. of this title by section

5(a)(1)(C) of Reorg. Plan No. 3 of 1979 were transferred to

Secretary of Commerce pursuant to Reorg. Plan No. 3 of 1979, Sec.

5(a)(1)(C), 44 F.R. 69275, 93 Stat. 1381, eff. Jan. 2, 1980, as

provided by section 1-107(a) of Ex. Ord. No. 12188, Jan. 2, 1980,

45 F.R. 993, set out as notes under section 2171 of this title.

Act May 10, 1934, ch. 277, Sec. 512(b), 48 Stat. 759, abolished

offices of General Counsel and Assistant General Counsel for Bureau

of Internal Revenue, and office of Solicitor and Assistant

Solicitor of the Treasury and transferred powers, duties, and

functions thereof to General Counsel for Department of the

Treasury.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1600, 2254 of this title.

-CITE-

19 USC Sec. 1618 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1618. Remission or mitigation of penalties

-STATUTE-

Whenever any person interested in any vessel, vehicle, aircraft,

merchandise, or baggage seized under the provisions of this

chapter, or who has incurred, or is alleged to have incurred, any

fine or penalty thereunder, files with the Secretary of the

Treasury if under the customs laws, and with the Commandant of the

Coast Guard or the Commissioner of Customs, as the case may be, if

under the navigation laws, before the sale of such vessel, vehicle,

aircraft, merchandise, or baggage a petition for the remission or

mitigation of such fine, penalty, or forfeiture, the Secretary of

the Treasury, the Commandant of the Coast Guard, or the

Commissioner of Customs, if he finds that such fine, penalty, or

forfeiture was incurred without willful negligence or without any

intention on the part of the petitioner to defraud the revenue or

to violate the law, or finds the existence of such mitigating

circumstances as to justify the remission or mitigation of such

fine, penalty, or forfeiture, may remit or mitigate the same upon

such terms and conditions as he deems reasonable and just, or order

discontinuance of any prosecution relating thereto. In order to

enable him to ascertain the facts, the Secretary of the Treasury

may issue a commission to any customs officer to take testimony

upon such petition: Provided, That nothing in this section shall be

construed to deprive any person of an award of compensation made

before the filing of such petition.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 618, 46 Stat. 757; 1946

Reorg. Plan No. 3, Sec. 101-104, eff. July 16, 1946, 11 F.R. 7875,

60 Stat. 1097; Pub. L. 91-271, title III, Sec. 301(hh), June 2,

1970, 84 Stat. 291; Pub. L. 98-473, title II, Sec. 321, Oct. 12,

1984, 98 Stat. 2056; Pub. L. 98-573, title II, Sec. 213(a)(16),

Oct. 30, 1984, 98 Stat. 2988.)

-REFTEXT-

REFERENCES IN TEXT

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

to this title.

The navigation laws, referred to in text, are classified

generally to Title 33, Navigation and Navigable Waters.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 618, 42 Stat. 987. That

section was superseded by section 618 of act June 17, 1930,

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

the 1930 act.

Provisions for a petition to the judge of the district, a summary

investigation before the judge or a United States Commissioner, and

transmission of the facts appearing thereon, with a certified copy

of the evidence, to the Secretary of the Treasury, and provisions

authorizing the Secretary to remit fines and penalties, etc., were

contained in act June 22, 1874, ch. 391, Sec. 17, 18, 20, 18 Stat.

189, 190, prior to repeal by act Sept. 21, 1922, ch. 356, title IV,

Sec. 643, 42 Stat. 989.

AMENDMENTS

1984 - Pub. L. 98-573 and Pub. L. 98-473 inserted reference to

aircraft in two places.

1970 - Pub. L. 91-271 substituted ''customs officer'' for

''customs agent, collector, judge of the United States Customs

Court, or United States commissioner''.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective Oct. 15, 1984, see section

214(e) of Pub. L. 98-573, set out as a note under section 1304 of

this title.

EFFECTIVE DATE OF 1970 AMENDMENT

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

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

title.

-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.

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.

Substitution in text of references to Commandant of the Coast

Guard and Commissioner of Customs for ''the Secretary of Commerce''

under the authority of Reorg. Plan No. 3 of 1946, see note set out

under section 1613 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1448, 1509, 1592, 1592a,

1593a, 1595a, 1600, 1641, 2254 of this title.

-CITE-

19 USC Sec. 1619 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1619. Award of compensation to informers

-STATUTE-

(a) In general

If -

(1) any person who is not an employee or officer of the United

States -

(A) detects and seizes any vessel, vehicle, aircraft,

merchandise, or baggage subject to seizure and forfeiture under

the customs laws or the navigation laws and reports such

detection and seizure to a customs officer, or

(B) furnishes to a United States attorney, the Secretary of

the Treasury, or any customs officer original information

concerning -

(i) any fraud upon the customs revenue, or

(ii) any violation of the customs laws or the navigation

laws which is being, or has been, perpetrated or contemplated

by any other person; and

(2) such detection and seizure or such information leads to a

recovery of -

(A) any duties withheld, or

(B) any fine, penalty, or forfeiture of property incurred;

the Secretary may award and pay such person an amount that does not

exceed 25 percent of the net amount so recovered.

(b) Forfeited property not sold

If -

(1) any vessel, vehicle, aircraft, merchandise, or baggage is

forfeited to the United States and is thereafter, in lieu of sale

-

(A) destroyed under the customs or navigation laws, or

(B) delivered to any governmental agency for official use,

and

(2) any person would be eligible to receive an award under

subsection (a) of this section but for the lack of sale of such

forfeited property,

the Secretary may award and pay such person an amount that does not

exceed 25 percent of the appraised value of such forfeited

property.

(c) Dollar limitation

The amount awarded and paid to any person under this section may

not exceed $250,000 for any case.

(d) Source of payment

Unless otherwise provided by law, any amount paid under this

section shall be paid out of appropriations available for the

collection of the customs revenue.

(e) Recovery of bail bond

For purposes of this section, an amount recovered under a bail

bond shall be deemed a recovery of a fine incurred.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 619, 46 Stat. 758; Aug. 5,

1935, ch. 438, title III, Sec. 305, 49 Stat. 527; Pub. L. 98-473,

title II, Sec. 319, 321, Oct. 12, 1984, 98 Stat. 2056; Pub. L.

98-573, title II, Sec. 213(a)(15), Oct. 30, 1984, 98 Stat. 2988;

Pub. L. 99-570, title III, Sec. 3125, Oct. 27, 1986, 100 Stat.

3207-88.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in subsecs. (a)(1)(A), (B)(ii), and

(b)(1)(A), are classified generally to this title.

The navigation laws, referred to in subsecs. (a)(1)(A), (B)(ii),

and (b)(1)(A), are classified generally to Title 33, Navigation and

Navigable Waters.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 619, 42 Stat. 988. That

section was superseded by section 619 of act June 17, 1930,

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

1930 act.

Provisions somewhat similar to those in this section, but

applicable in part to any officer of the customs or other person,

were contained in act June 22, 1874, ch. 391, Sec. 4, 18 Stat. 186.

Section 3 of the 1874 act required the Secretary of the Treasury to

make suitable compensation in certain cases, as thereinafter

provided, made an appropriation and required payments to be

reported to Congress. Section 6 required claims to compensation to

be established to the satisfaction of the court or judge, and

required satisfactory proof when the fine, etc., was collected

without judicial proceedings. All of these sections were repealed

by act Sept. 21, 1922, ch. 356, title IV, Sec. 643, 42 Stat. 989.

Section 2 of the act of June 22, 1874, ch. 391, repealed all

provisions under which moieties of fines, etc., were paid to

informers, etc., and required the proceeds of all fines, penalties,

and forfeitures to be paid into the Treasury. This last provision

was omitted from the Code as superseded by section 527 of this

title (act Mar. 4, 1907, ch. 2918, Sec. 1, 34 Stat. 1315).

Section 26 of that Act repealed inconsistent laws and saved

existing rights. It was omitted from the Code as temporary and

executed.

R.S. Sec. 2948, providing that additional duties were not to be

deemed fines, etc., for distribution to customs officers, became

inoperative by the repeal of all provisions for payment of moieties

of fines, etc., to informers or officers, by the act of June 2,

1874, ch. 391, Sec. 2, and was repealed by act Sept. 21, 1922, ch.

356, title IV, Sec. 642, 42 Stat. 989.

An appropriation for compensation in lieu of moieties was made by

act Mar. 2, 1926, ch. 43, Sec. 1, 44 Stat. 141. Similar

appropriations were contained in prior acts.

AMENDMENTS

1986 - Pub. L. 99-570 amended section generally. Prior to

amendment, section read as follows: ''Any person not an officer of

the United States who detects and seizes any vessel, vehicle,

aircraft, merchandise, or baggage subject to seizure and forfeiture

under the customs laws or the navigation laws, and who reports the

same to an officer of the customs, or who furnishes to a United

States attorney, to the Secretary of the Treasury, or to any

customs officer original information concerning any fraud upon the

customs revenue, or a violation of the customs laws or the

navigation laws, perpetrated or contemplated, which detection and

seizure or information leads to a recovery of any duties withheld,

or of any fine, penalty, or forfeiture incurred, may be awarded and

paid by the Secretary of the Treasury a compensation of 25 per

centum of the net amount recovered, but not to exceed $250,000 in

any case, which shall be paid out of any appropriations available

for the collection of the revenue from customs. For the purposes

of this section an amount recovered under a bail bond shall be

deemed a recovery of a fine incurred. If any vessel, vehicle,

aircraft, merchandise, or baggage is forfeited to the United

States, and is thereafter, in lieu of sale, destroyed under the

customs or navigation laws or delivered to any governmental agency

for official use, compensation of 25 per centum of the appraised

value thereof may be awarded and paid by the Secretary of the

Treasury under the provisions of this section, but not to exceed

$250,000 in any case. In no event shall the Secretary delegate the

authority to pay an award under this section in excess of $10,000

to an official below the level of the Commissioner of Customs.''

1984 - Pub. L. 98-573, Sec. 213(a)(15)(A), and Pub. L. 98-473,

Sec. 321, inserted reference to aircraft in two places.

Pub. L. 98-573, Sec. 213(a)(15)(B), substituted ''$250,000'' for

''$50,000'' in two places.

Pub. L. 98-473, Sec. 319(a), substituted ''$150,000'' for

''$50,000''.

Pub. L. 98-473, Sec. 319(b), inserted ''In no event shall the

Secretary delegate the authority to pay an award under this section

in excess of $10,000 to an official below the level of the

Commissioner of Customs.''

1935 - Act Aug. 5, 1935, inserted ''or the navigation laws''

after ''customs laws'', and provisions authorizing award of

compensation of 25 per centum of the appraised value, but not to

exceed $50,000 in any case.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective Oct. 15, 1984, see section

214(e) of Pub. L. 98-573, set out as a note under section 1304 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1600, 1613b of this

title; title 31 section 9703.

-CITE-

19 USC Sec. 1620 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1620. Acceptance of money by United States officers

-STATUTE-

Any officer of the United States who directly or indirectly

receives, accepts, or contracts for any portion of the money which

may accrue to any person making such detection and seizure, or

furnishing such information, shall be guilty of a felony and, upon

conviction thereof, shall be punished by a fine of not more than

$10,000, or by imprisonment for not more than two years, or both,

and shall be thereafter ineligible to any office of honor, trust,

or emolument. Any such person who pays to any such officer, or to

any person for the use of such officer, any portion of such money,

or anything of value for or because of such money, shall have a

right of action against such officer, or his legal representatives,

or against such person, or his legal representatives, and shall be

entitled to recover the money so paid or the thing of value so

given.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 620, 46 Stat. 758.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 620, 42 Stat. 988. That

section was superseded by section 620 of act June 17, 1930,

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

1930 act.

Provisions somewhat similar to those in this section but

excepting cases of smuggling were contained in act June 22, 1874,

ch. 391, Sec. 7, 18 Stat. 187, prior to repeal by act Sept. 21,

1922, ch. 356, title IV, Sec. 643, 42 Stat. 989.

-CITE-

19 USC Sec. 1621 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1621. Limitation of actions

-STATUTE-

No suit or action to recover any duty under section 1592(d),

1593a(d) of this title, or any pecuniary penalty or forfeiture of

property accruing under the customs laws shall be instituted unless

such suit or action is commenced within five years after the time

when the alleged offense was discovered, or in the case of

forfeiture, within 2 years after the time when the involvement of

the property in the alleged offense was discovered, whichever was

later; except that -

(1) in the case of an alleged violation of section 1592 or

1593a of this title, no suit or action (including a suit or

action for restoration of lawful duties under subsection (d) of

such sections) may be instituted unless commenced within 5 years

after the date of the alleged violation or, if such violation

arises out of fraud, within 5 years after the date of discovery

of fraud, and

(2) the time of the absence from the United States of the

person subject to the penalty or forfeiture, or of any

concealment or absence of the property, shall not be reckoned

within the 5-year period of limitation.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 621, 46 Stat. 758; Aug. 5,

1935, ch. 438, title III, Sec. 306, 49 Stat. 527; Pub. L. 95-410,

title I, Sec. 110(e), Oct. 3, 1978, 92 Stat. 897; Pub. L. 103-182,

title VI, Sec. 668, Dec. 8, 1993, 107 Stat. 2216; Pub. L. 106-185,

Sec. 11, Apr. 25, 2000, 114 Stat. 217.)

-REFTEXT-

REFERENCES IN TEXT

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

to this title.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 621, 42 Stat. 988. That

section was superseded by section 621 of act June 17, 1930,

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

1930 act.

Provisions substantially similar to those in this section, except

that the period of limitation was three years, were contained in

act June 22, 1874, ch. 391, Sec. 22, 18 Stat. 190, prior to repeal

by act Sept. 21, 1922, ch. 356, title IV, Sec. 643, 42 Stat. 989.

AMENDMENTS

2000 - Pub. L. 106-185 inserted '', or in the case of forfeiture,

within 2 years after the time when the involvement of the property

in the alleged offense was discovered, whichever was later'' after

''within five years after the time when the alleged offense was

discovered'' in introductory provisions.

1993 - Pub. L. 103-182 inserted ''any duty under section 1592(d),

1593a(d) of this title, or'' before ''any pecuniary penalty'' and

substituted ''discovered; except that - '' along with pars. (1) and

(2) for ''discovered: Provided, That in the case of an alleged

violation of section 1592 of this title arising out of gross

negligence or negligence, such suit or action shall not be

instituted more than five years after the date the alleged

violation was committed: Provided further, That the time of the

absence from the United States of the person subject to such

penalty or forfeiture, or of any concealment or absence of the

property, shall not be reckoned within this period of limitation.''

1978 - Pub. L. 95-410 prescribed for any suit or action for

violation of section 1592 of this title arising out of gross

negligence or negligence a five year limitation period following

date of alleged violation.

1935 - Act Aug. 5, 1935, substituted ''the alleged offense was

discovered'' for ''such penalty or forfeiture accrued''.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-185 applicable to any forfeiture

proceeding commenced on or after the date that is 120 days after

Apr. 25, 2000, see section 21 of Pub. L. 106-185, set out as a note

under section 1324 of Title 8, Aliens and Nationality.

EFFECTIVE DATE OF 1978 AMENDMENT

Effective date of amendment by Pub. L. 95-410 for alleged

violation of section 1592 of this title arising out of gross

negligence or negligence committed on or after Oct. 3, 1978, or

before such date without commencement of proceedings except where

barred by provisions of this section in effect prior to such date,

see section 110(f)(2) of Pub. L. 95-410, set out as a note under

section 1592 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1641 of this title.

-CITE-

19 USC Sec. 1622 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1622. Foreign landing certificates

-STATUTE-

The Secretary of the Treasury may by regulations require the

production of landing certificates in respect of merchandise

exported from the United States, or in respect of residue cargo, in

cases in which he deems it necessary for the protection of the

revenue, or to comply with international obligations.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 622, 46 Stat. 759; Pub. L.

99-570, title III, Sec. 3126, Oct. 27, 1986, 100 Stat. 3207-89.)

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-570 inserted '', or to comply with

international obligations'' before period at end.

-CITE-

19 USC Sec. 1623 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1623. Bonds and other security

-STATUTE-

(a) Requirement of bond by regulation

In any case in which bond or other security is not specifically

required by law, the Secretary of the Treasury may by regulation or

specific instruction require, or authorize customs officers to

require, such bonds or other security as he, or they, may deem

necessary for the protection of the revenue or to assure compliance

with any provision of law, regulation, or instruction which the

Secretary of the Treasury or the Customs Service may be authorized

to enforce.

(b) Conditions and form of bond

Whenever a bond is required or authorized by a law, regulation,

or instruction which the Secretary of the Treasury or the Customs

Service is authorized to enforce, the Secretary of the Treasury may

-

(1) Except as otherwise specifically provided by law, prescribe

the conditions and form of such bond and the manner in which the

bond may be filed with or, pursuant to an authorized electronic

data interchange system, transmitted to the Customs Service, and

fix the amount of penalty thereof, whether for the payment of

liquidated damages or of a penal sum: Provided, That when a

consolidated bond authorized by paragraph 4 of this subsection is

taken, the Secretary of the Treasury may fix the penalty of such

bond without regard to any other provision of law, regulation, or

instruction.

(2) Provide for the approval of the sureties on such bond,

without regard to any general provision of law.

(3) Authorize the execution of a term bond the conditions of

which shall extend to and cover similar cases of importations

over such period of time, not to exceed one year, or such longer

period as he may fix when in his opinion special circumstances

existing in a particular instance require such longer period.

(4) Authorize, to the extent that he may deem necessary, the

taking of a consolidated bond (single entry or term), in lieu of

separate bonds to assure compliance with two or more provisions

of law, regulations, or instructions which the Secretary of the

Treasury or the Customs Service is authorized to enforce. A

consolidated bond taken pursuant to the authority contained in

this subsection shall have the same force and effect in respect

of every provision of law, regulation, or instruction for the

purposes for which it is required as though separate bonds had

been taken to assure compliance with each such provision.

(c) Cancellation of bond

The Secretary of the Treasury may authorize the cancellation of

any bond provided for in this section, or of any charge that may

have been made against such bond, in the event of a breach of any

condition of the bond, upon the payment of such lesser amount or

penalty or upon such other terms and conditions as he may deem

sufficient. In order to assure uniform, reasonable, and equitable

decisions, the Secretary of the Treasury shall publish guidelines

establishing standards for setting the terms and conditions for

cancellation of bonds or charges thereunder.

(d) Validity of bond

No condition in any bond taken to assure compliance with any law,

regulation, or instruction which the Secretary of the Treasury or

the Customs Service is authorized to enforce shall be held invalid

on the ground that such condition is not specified in the law,

regulation, or instruction authorizing or requiring the taking of

such bond. Any bond transmitted to the Customs Service pursuant to

an authorized electronic data interchange system shall have the

same force and effect and be binding upon the parties thereto as if

such bond were manually executed, signed, and filed.

(e) Deposit of money or obligation of United States in lieu of bond

The Secretary of the Treasury is authorized to permit the deposit

of money or obligations of the United States, in such amount and

upon such conditions as he may by regulation prescribe, in lieu of

sureties on any bond required or authorized by a law, regulation,

or instruction which the Secretary of the Treasury or the Customs

Service is authorized to enforce.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 623, 46 Stat. 759; June 25,

1938, ch. 679, Sec. 30, 52 Stat. 1089; Pub. L. 91-271, title III,

Sec. 301(ii), June 2, 1970, 84 Stat. 291; Pub. L. 100 - 418, title

I, Sec. 1904, Aug. 23, 1988, 102 Stat. 1313; Pub. L. 103-182, title

VI, Sec. 647, Dec. 8, 1993, 107 Stat. 2207.)

-MISC1-

AMENDMENTS

1993 - Subsec. (b)(1). Pub. L. 103-182, Sec. 647(1), inserted

''and the manner in which the bond may be filed with or, pursuant

to an authorized electronic data interchange system, transmitted to

the Customs Service'' after ''form of such bond''.

Subsec. (d). Pub. L. 103-182, Sec. 647(2), inserted at end ''Any

bond transmitted to the Customs Service pursuant to an authorized

electronic data interchange system shall have the same force and

effect and be binding upon the parties thereto as if such bond were

manually executed, signed, and filed.''

1988 - Subsec. (c). Pub. L. 100-418 provided for publication of

guidelines establishing customs bond cancellation standards.

1970 - Subsec. (a). Pub. L. 91-271 substituted reference to

customs officers for reference to collectors of customs.

1938 - Act June 25, 1938, amended section generally, among other

changes adding subsecs. (c) to (e).

EFFECTIVE DATE OF 1970 AMENDMENT

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

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

title.

EFFECTIVE DATE OF 1938 AMENDMENT

Amendment by act June 25, 1938, effective on thirtieth day

following June 25, 1938, except as otherwise specifically provided,

see section 37 of act June 25, 1938, set out as a note under

section 1401 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

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

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

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

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

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

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

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

Functions of all other officers of Department of the Treasury and

functions of all agencies and employees of such Department

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

with power vested in him to authorize their performance or

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

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

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

the Appendix to Title 5, Government Organization and Employees.

Customs Service was under Department of the Treasury.

-CITE-

19 USC Sec. 1624 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1624. General regulations

-STATUTE-

In addition to the specific powers conferred by this chapter the

Secretary of the Treasury is authorized to make such rules and

regulations as may be necessary to carry out the provisions of this

chapter.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 624, 46 Stat. 759.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 623, 42 Stat. 988. That

section was superseded by section 624 of act June 17, 1930,

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

1930 act.

-CITE-

19 USC Sec. 1625 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1625. Interpretive rulings and decisions; public information

-STATUTE-

(a) Publication

Within 90 days after the date of issuance of any interpretive

ruling (including any ruling letter, or internal advice memorandum)

or protest review decision under this chapter with respect to any

customs transaction, the Secretary shall have such ruling or

decision published in the Customs Bulletin or shall otherwise make

such ruling or decision available for public inspection.

(b) Appeals

A person may appeal an adverse interpretive ruling and any

interpretation of any regulation prescribed to implement such

ruling to a higher level of authority within the Customs Service

for de novo review. Upon a reasonable showing of business

necessity, any such appeal shall be considered and decided no later

than 60 days following the date on which the appeal is filed. The

Secretary shall issue regulations to implement this subsection.

(c) Modification and revocation

A proposed interpretive ruling or decision which would -

(1) modify (other than to correct a clerical error) or revoke a

prior interpretive ruling or decision which has been in effect

for at least 60 days; or

(2) have the effect of modifying the treatment previously

accorded by the Customs Service to substantially identical

transactions;

shall be published in the Customs Bulletin. The Secretary shall

give interested parties an opportunity to submit, during not less

than the 30-day period after the date of such publication, comments

on the correctness of the proposed ruling or decision. After

consideration of any comments received, the Secretary shall publish

a final ruling or decision in the Customs Bulletin within 30 days

after the closing of the comment period. The final ruling or

decision shall become effective 60 days after the date of its

publication.

(d) Publication of customs decisions that limit court decisions

A decision that proposes to limit the application of a court

decision shall be published in the Customs Bulletin together with

notice of opportunity for public comment thereon prior to a final

decision.

(e) Public information

The Secretary may make available in writing or through electronic

media, in an efficient, comprehensive and timely manner, all

information, including directives, memoranda, electronic messages

and telexes which contain instructions, requirements, methods or

advice necessary for importers and exporters to comply with the

Customs (FOOTNOTE 1) laws and regulations. All information which

may be made available pursuant to this subsection shall be subject

to any exemption from disclosure provided by section 552 of title

5.

(FOOTNOTE 1) So in original. Probably should not be

capitalized.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 625, as added Pub. L.

95-410, title I, Sec. 112, Oct. 3, 1978, 92 Stat. 898; amended Pub.

L. 103-182, title VI, Sec. 623, Dec. 8, 1993, 107 Stat. 2186; Pub.

L. 104-295, Sec. 21(e)(14), Oct. 11, 1996, 110 Stat. 3531.)

-REFTEXT-

REFERENCES IN TEXT

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

generally to this title.

-MISC2-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-295 made technical amendment to

reference in original act which appears in text as reference to

''this chapter''.

1993 - Pub. L. 103-182 amended section generally. Prior to

amendment, section read as follows: ''Within 120 days after issuing

any precedential decision (including any ruling letter, internal

advice memorandum, or protest review decision) under this chapter

with respect to any customs transaction, the Secretary shall have

such decision published in the Customs Bulletin or shall otherwise

make such decision available for public inspection.''

-TRANS-

TRANSFER OF FUNCTIONS

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

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

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

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

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

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

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

-MISC5-

STUDY AND REPORT RELATING TO TIMELINESS OF PROSPECTIVE RULINGS

Pub. L. 107-210, div. A, title III, Sec. 335, Aug. 6, 2002, 116

Stat. 978, provided that:

''(a) Study. - The Comptroller General shall conduct a study on

the extent to which the Office of Regulations and Rulings of the

Customs Service has made improvements to decrease the amount of

time to issue prospective rulings from the date on which a request

for the ruling is received by the Customs Service.

''(b) Report. - Not later than 1 year after the date of the

enactment of this Act (Aug. 6, 2002), the Comptroller General shall

submit to the Committee on Ways and Means of the House of

Representatives and the Committee on Finance of the Senate a report

containing the results of the study conducted under subsection (a).

''(c) Definition. - In this section, the term 'prospective

ruling' means a ruling that is requested by an importer on goods

that are proposed to be imported into the United States and that

relates to the proper classification, valuation, or marking of such

goods.''

-CITE-

19 USC Sec. 1626 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1626. Steel products trade enforcement

-STATUTE-

(a) Export validation requirement

In order to monitor and enforce export measures required by a

foreign government or customs union, pursuant to an international

arrangement with the United States, the Secretary of the Treasury

may, upon receipt of a request by the President of the United

States and by a foreign government or customs union, require the

presentation of a valid export license or other documents issued by

such foreign government or customs union as a condition for entry

into the United States of steel mill products specified in the

request. The Secretary may provide by regulation for the terms and

conditions under which such merchandise attempted to be entered

without an accompanying valid export license or other documents may

be denied entry into the United States.

(b) Period of applicability

This section applies only to requests received by the Secretary

of the Treasury prior to January 1, 1983, and for the duration of

the arrangements.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 626, as added Pub. L.

96-276, Sec. 153, Oct. 2, 1982, 96 Stat. 1202.)

-CITE-

19 USC Sec. 1627 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1627. Repealed. Pub. L. 100-690, title VII, Sec. 7367(c)(6),

Nov. 18, 1988, 102 Stat. 4480

-MISC1-

Section, act June 17, 1930, ch. 497, title IV, Sec. 627, as added

Oct. 25, 1984, Pub. L. 98-547, title III, Sec. 302, 98 Stat. 2771,

related to unlawful importation or exportation of certain vehicles

and equipment.

Another section 627 of act June 17, 1930, as added by Pub. L.

98-573, title II, Sec. 205, Oct. 30, 1984, 98 Stat. 2974, is

classified to section 1627a of this title.

-CITE-

19 USC Sec. 1627a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1627a. Unlawful importation or exportation of certain

vehicles; inspections

-STATUTE-

(a) Violations; penalties; seizures and forfeitures

(1) Whoever knowingly imports, exports, or attempts to import or

export -

(A) Any (FOOTNOTE 1) stolen self-propelled vehicle, vessel,

aircraft, or part of a self-propelled vehicle, vessel, or

aircraft; or

(FOOTNOTE 1) So in original. Probably should not be

capitalized.

(B) any self-propelled vehicle or part of a self-propelled

vehicle from which the identification number has been removed,

obliterated, tampered with, or altered;

shall be subject to a civil penalty in an amount determined by the

Secretary, not to exceed $10,000 for each violation.

(2) Any violation of this subsection shall make such

self-propelled vehicle, vessel, aircraft, or part thereof subject

to seizure and forfeiture under this chapter.

(b) Regulations; violations; penalties

A person attempting to export a used self-propelled vehicle shall

present, pursuant to regulations prescribed by the Secretary, to

the appropriate customs officer both the vehicle and a document

describing such vehicle which includes the vehicle identification

number, before lading if the vehicle is to be transported by vessel

or aircraft, or before export if the vehicle is to be transported

by rail, highway, or under its own power. Failure to comply with

the regulations of the Secretary shall subject such person to a

civil penalty of not more than $500 for each violation.

(c) Definitions

For purposes of this section -

(1) the term ''self-propelled vehicle'' includes any

automobile, truck, tractor, bus, motorcycle, motor home,

self-propelled agricultural machinery, self-propelled

construction equipment, self-propelled special use equipment, and

any other self-propelled vehicle used or designed for running on

land but not on rail;

(2) the term ''aircraft'' has the meaning given it in section

40102(a)(6) of title 49;

(3) the term ''used'' refers to any self-propelled vehicle the

equitable or legal title to which has been transferred by a

manufacturer, distributor, or dealer to an ultimate purchaser;

and

(4) the term ''ultimate purchaser'' means the first person,

other than a dealer purchasing in his capacity as a dealer, who

in good faith purchases a self-propelled vehicle for purposes

other than resale.

(d) Cooperation of law enforcement and governmental authorities

Customs officers may cooperate and exchange information

concerning motor vehicles, off-highway mobile equipment, vessels,

or aircraft, either before exportation or after exportation or

importation, with such Federal, State, local, and foreign law

enforcement or governmental authorities, and with such

organizations engaged in theft prevention activities, as may be

designated by the Secretary.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 627, as added Pub. L.

98-573, title II, Sec. 205, Oct. 30, 1984, 98 Stat. 2974.)

-COD-

CODIFICATION

In subsec. (c)(2), ''section 40102(a)(6) of title 49''

substituted for ''section 101(5) of the Federal Aviation Act of

1958 (49 U.S.C. 1301(5))'' on authority of Pub. L. 103-272, Sec.

6(b), July 5, 1994, 108 Stat. 1378, the first section of which

enacted subtitles II, III, and V to X of Title 49, Transportation.

Another section 627 of act June 17, 1930, as added by Pub. L.

98-547, title III, Sec. 302, Oct. 25, 1984, 98 Stat. 2771, was

classified to section 1627 of this title and subsequently repealed.

-MISC3-

EFFECTIVE DATE

Section effective on 15th day after Oct. 30, 1984, see section

214(a), (b) of Pub. L. 98-573, set out as an Effective Date of 1984

Amendment note under section 1304 of this title.

-CITE-

19 USC Sec. 1628 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1628. Exchange of information

-STATUTE-

(a) In general

The Secretary may by regulation authorize customs officers to

exchange information or documents with foreign customs and law

enforcement agencies if the Secretary reasonably believes the

exchange of information is necessary to -

(1) insure compliance with any law or regulation enforced or

administered by the Customs Service;

(2) administer or enforce multilateral or bilateral agreements

to which the United States is a party;

(3) assist in investigative, judicial and quasi-judicial

proceedings in the United States; and

(4) an action comparable to any of those described in

paragraphs (1) through (4) (FOOTNOTE 1) undertaken by a foreign

customs or law enforcement agency, or in relation to a proceeding

in a foreign country.

(FOOTNOTE 1) So in original. Probably should be ''(3)''.

(b) Nondisclosure and uses of information provided

(1) Information may be provided to foreign customs and law

enforcement agencies under subsection (a) of this section only if

the Secretary obtains assurances from such agencies that such

information will be held in confidence and used only for the law

enforcement purposes for which such information is provided to such

agencies by the Secretary.

(2) No information may be provided under subsection (a) of this

section to any foreign customs or law enforcement agency that has

violated any assurances described in paragraph (1).

(c) Government agency of NAFTA country

The Secretary may authorize the Customs Service to exchange

information with any government agency of a NAFTA country, as

defined in section 3301(4) of this title, if the Secretary -

(1) reasonably believes the exchange of information is

necessary to implement chapter 3, 4, or 5 of the North American

Free Trade Agreement, and

(2) obtains assurances from such country that the information

will be held in confidence and used only for governmental

purposes.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 628, as added Pub. L.

99-570, title III, Sec. 3127, Oct. 27, 1986, 100 Stat. 3207-89;

amended Pub. L. 103-182, title II, Sec. 209, Dec. 8, 1993, 107

Stat. 2098.)

-MISC1-

AMENDMENTS

1993 - Subsec. (c). Pub. L. 103-182 added subsec. (c).

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-182 effective on the date the North

American Free Trade Agreement enters into force with respect to the

United States (Jan. 1, 1994), see section 213(b) of Pub. L.

103-182, set out as an Effective Date note under section 3331 of

this title.

-TRANS-

TRANSFER OF FUNCTIONS

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

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

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

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

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

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

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

-CITE-

19 USC Sec. 1629 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1629. Inspections and preclearance in foreign countries

-STATUTE-

(a) In general

When authorized by treaty or executive agreement, the Secretary

may station customs officers in foreign countries for the purpose

of examining persons and merchandise prior to their arrival in the

United States.

(b) Functions and duties

Customs officers stationed in a foreign country under subsection

(a) of this section may exercise such functions and perform such

duties (including inspections, searches, seizures and arrests) as

may be permitted by the treaty, agreement or law of the country in

which they are stationed.

(c) Compliance

The Secretary may by regulation require compliance with the

customs laws of the United States in a foreign country and, in such

a case the customs laws and other civil and criminal laws of the

United States relating to the importation of merchandise, filing of

false statements, and the unlawful removal of merchandise from

customs custody shall apply in the same manner as if the foreign

station is a port of entry within the customs territory of the

United States.

(d) Seizures

When authorized by treaty, agreement or foreign law, merchandise

which is subject to seizure or forfeiture under United States law

may be seized in a foreign country and transported under customs

custody to the customs territory to the United States to be

proceeded against under the customs law.

(e) Stationing of foreign customs officers in the United States

The Secretary of State, in coordination with the Secretary, may

enter into agreements with any foreign country authorizing the

stationing in the United States of customs officials of that

country (if similar privileges are extended by that country to

United States officials) for the purpose of insuring that persons

and merchandise going directly to that country from the United

States comply with the customs and other laws of that country

governing the importation of merchandise. Any foreign customs

official stationed in the United States under this subsection may

exercise such functions and perform such duties as United States

officials may be authorized to perform in that foreign country

under reciprocal agreement.

(f) Application of certain laws

When customs officials of a foreign country are stationed in the

United States in accordance with subsection (e) of this section,

and if similar provisions are applied to United States officials

stationed in that country -

(1) sections 111 and 1114 of title 18 shall apply as if the

officials were designated in those sections; and

(2) any person who in any matter before a foreign customs

official stationed in the United States knowingly and willfully

falsifies, conceals, or covers up by any trick, scheme, or device

a material fact, or makes any false, fictitious or fraudulent

statements or representations, or makes or uses any false writing

or document knowing the same to contain any false, fictitious or

fraudulent statement or entry, is liable for a fine of not more

than $10,000 or imprisonment for not more than 5 years, or both.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 629, as added Pub. L.

99-570, title III, Sec. 3128, Oct. 27, 1986, 100 Stat. 3207-89.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws of the United States and the customs law,

referred to in subsecs. (c) and (d), are classified generally to

this title.

-CITE-

19 USC Sec. 1630 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1630. Authority to settle claims

-STATUTE-

(a) In general

With respect to a claim that cannot be settled under chapter 171

of title 28, the Secretary may settle, for not more than $50,000 in

any one case, a claim for damage to, or loss of, privately owned

property caused by an investigative or law enforcement officer (as

defined in section 2680(h) of title 28) who is employed by the

Customs Service and acting within the scope of his or her

employment.

(b) Limitations

The Secretary may not pay a claim under subsection (a) that -

(1) concerns commercial property;

(2) is presented to the Secretary more than 1 year after it

occurs; or

(3) is presented by an officer or employee of the United States

Government and arose within the scope of employment.

(c) Final settlement

A claim may be paid under this section only if the claimant

accepts the amount of settlement in complete satisfaction of the

claim.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 630, as added Pub. L.

103-182, title VI, Sec. 670, Dec. 8, 1993, 107 Stat. 2216.)

-TRANS-

TRANSFER OF FUNCTIONS

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

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

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

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

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

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

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 31 section 9703.

-CITE-

19 USC Sec. 1631 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part V - Enforcement Provisions

-HEAD-

Sec. 1631. Use of private collection agencies

-STATUTE-

(a) In general

Notwithstanding any other provision of law, the Secretary, under

such terms and conditions as the Secretary considers appropriate,

shall enter into contracts and incur obligations with one or more

persons for collection services to recover indebtedness arising

under the customs laws and owed the United States Government, but

only after the Customs Service has exhausted all administrative

efforts, including all claims against applicable surety bonds, to

collect the indebtedness.

(b) Contract requirements

Any contract entered into under subsection (a) of this section

shall provide that -

(1) the Secretary retains the authority to resolve a dispute,

compromise a claim, end collection action, and refer a matter to

the Attorney General to bring a civil action; and

(2) the person is subject to -

(A) section 552a of title 5 to the extent provided in

subsection (m) of such section; and

(B) laws and regulations of the United States Government and

State governments related to debt collection practices.

(c) Payment of costs

The debtor shall be assessed and pay any and all costs associated

with collection efforts pursuant to this section. Notwithstanding

section 3302(b) of title 31, any sum so collected shall be used to

pay the costs of debt collection services.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 631, as added Pub. L.

103-182, title VI, Sec. 671, Dec. 8, 1993, 107 Stat. 2217; amended

Pub. L. 104-295, Sec. 3(a)(9), Oct. 11, 1996, 110 Stat. 3516; Pub.

L. 106-36, title I, Sec. 1001(b)(5)(A), June 25, 1999, 113 Stat.

132.)

-REFTEXT-

REFERENCES IN TEXT

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

generally to this title.

-MISC2-

AMENDMENTS

1999 - Subsec. (c). Pub. L. 106-36 amended directory language of

Pub. L. 104-295. See 1996 Amendment note below.

1996 - Subsec. (c). Pub. L. 104-295, as amended by Pub. L.

106-36, added subsec. (c).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-295 applicable as of Dec. 8, 1993, see

section 3(b) of Pub. L. 104-295, set out as a note under section

1321 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

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

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

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

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

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

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

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

-CITE-

19 USC Part VI - Miscellaneous Provisions 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part VI - Miscellaneous Provisions

.

-HEAD-

Part VI - Miscellaneous Provisions

-CITE-

19 USC Sec. 1641 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part VI - Miscellaneous Provisions

-HEAD-

Sec. 1641. Customs brokers

-STATUTE-

(a) Definitions

As used in this section:

(1) The term ''customs broker'' means any person granted a

customs broker's license by the Secretary under subsection (b) of

this section.

(2) The term ''customs business'' means those activities

involving transactions with the Customs Service concerning the

entry and admissibility of merchandise, its classification and

valuation, the payment of duties, taxes, or other charges

assessed or collected by the Customs Service upon merchandise by

reason of its importation, or the refund, rebate, or drawback

thereof. It also includes the preparation of documents or forms

in any format and the electronic transmission of documents,

invoices, bills, or parts thereof, intended to be filed with the

Customs Service in furtherance of such activities, whether or not

signed or filed by the preparer, or activities relating to such

preparation, but does not include the mere electronic

transmission of data received for transmission to Customs.

(3) The term ''Secretary'' means the Secretary of the Treasury.

(b) Customs broker's licenses

(1) In general

No person may conduct customs business (other than solely on

behalf of that person) unless that person holds a valid customs

broker's license issued by the Secretary under paragraph (2) or

(3).

(2) Licenses for individuals

The Secretary may grant an individual a customs broker's

license only if that individual is a citizen of the United

States. Before granting the license, the Secretary may require an

applicant to show any facts deemed necessary to establish that

the applicant is of good moral character and qualified to render

valuable service to others in the conduct of customs business.

In assessing the qualifications of an applicant, the Secretary

may conduct an examination to determine the applicant's knowledge

of customs and related laws, regulations and procedures,

bookkeeping, accounting, and all other appropriate matters.

(3) Licenses for corporations, etc.

The Secretary may grant a customs broker's license to any

corporation, association, or partnership that is organized or

existing under the laws of any of the several States of the

United States if at least one officer of the corporation or

association, or one member of the partnership, holds a valid

customs broker's license granted under paragraph (2).

(4) Duties

A customs broker shall exercise responsible supervision and

control over the customs business that it conducts.

(5) Lapse of license

The failure of a customs broker that is licensed as a

corporation, association, or partnership under paragraph (3) to

have, for any continuous period of 120 days, at least one officer

of the corporation or association, or at least one member of the

partnership, validly licensed under paragraph (2) shall, in

addition to causing the broker to be subject to any other

sanction under this section (including paragraph (6)), result in

the revocation by operation of law of its license.

(6) Prohibited acts

Any person who intentionally transacts customs business, other

than solely on the behalf of that person, without holding a valid

customs broker's license granted to that person under this

subsection shall be liable to the United States for a monetary

penalty not to exceed $10,000 for each such transaction as well

as for each violation of any other provision of this section.

This penalty shall be assessed in the same manner and under the

same procedures as the monetary penalties provided for in

subsection (d)(2)(A) of this section.

(c) Customs broker's permits

(1) In general

Each person granted a customs broker's license under subsection

(b) of this section shall be issued, in accordance with such

regulations as the Secretary shall prescribe, either or both of

the following:

(A) A national permit for the conduct of such customs

business as the Secretary prescribes by regulation.

(B) A permit for each customs district in which that person

conducts customs business and, except as provided in paragraph

(2), regularly employs at least 1 individual who is licensed

under subsection (b)(2) of this section to exercise responsible

supervision and control over the customs business conducted by

that person in that district.

(2) Exception

If a person granted a customs broker's license under subsection

(b) of this section can demonstrate to the satisfaction of the

Secretary that -

(A) he regularly employs in the region in which that district

is located at least one individual who is licensed under

subsection (b)(2) of this section, and

(B) that sufficient procedures exist within the company for

the person employed in that region to exercise responsible

supervision and control over the customs business conducted by

that person in that district,

the Secretary may waive the requirement in paragraph (1)(B).

(3) Lapse of permit

The failure of a customs broker granted a permit under

paragraph (1) to employ, for any continuous period of 180 days,

at least one individual who is licensed under subsection (b)(2)

of this section within the district or region (if paragraph (2)

applies) for which a permit was issued shall, in addition to

causing the broker to be subject to any other sanction under this

section (including any in subsection (d) of this section), result

in the revocation by operation of law of the permit.

(4) Appointment of subagents

Notwithstanding subsection (c)(1) of this section, upon the

implementation by the Secretary under section 1413(b)(2) of this

title of the component of the National Customs Automation Program

referred to in section 1411(a)(2)(B) of this title, a licensed

broker may appoint another licensed broker holding a permit in a

customs district to act on its behalf as its subagent in that

district if such activity relates to the filing of information

that is permitted by law or regulation to be filed

electronically. A licensed broker appointing a subagent pursuant

to this paragraph shall remain liable for any and all obligations

arising under bond and any and all duties, taxes, and fees, as

well as any other liabilities imposed by law, and shall be

precluded from delegating to a subagent such liability.

(d) Disciplinary proceedings

(1) General rule

The Secretary may impose a monetary penalty in all cases with

the exception of the infractions described in clause (iii) of

subparagraph (B) of this subsection, or revoke or suspend a

license or permit of any customs broker, if it is shown that the

broker -

(A) has made or caused to be made in any application for any

license or permit under this section, or report filed with the

Customs Service, any statement which was, at the time and in

light of the circumstances under which it was made, false or

misleading with respect to any material fact, or has omitted to

state in any such application or report any material fact which

was required to be stated therein;

(B) has been convicted at any time after the filing of an

application for license under subsection (b) of this section of

any felony or misdemeanor which the Secretary finds -

(i) involved the importation or exportation of merchandise;

(ii) arose out of the conduct of its customs business; or

(iii) involved larceny, theft, robbery, extortion, forgery,

counterfeiting, fraudulent concealment, embezzlement,

fraudulent conversion, or misappropriation of funds;

(C) has violated any provision of any law enforced by the

Customs Service or the rules or regulations issued under any

such provision;

(D) has counseled, commanded, induced, procured, or knowingly

aided or abetted the violations by any other person of any

provision of any law enforced by the Customs Service, or the

rules or regulations issued under any such provision;

(E) has knowingly employed, or continues to employ, any

person who has been convicted of a felony, without written

approval of such employment from the Secretary; or

(F) has, in the course of its customs business, with intent

to defraud, in any manner willfully and knowingly deceived,

misled or threatened any client or prospective client.

(2) Procedures

(A) Monetary penalty

Unless action has been taken under subparagraph (B), the

appropriate customs officer shall serve notice in writing upon

any customs broker to show cause why the broker should not be

subject to a monetary penalty not to exceed $30,000 in total

for a violation or violations of this section. The notice

shall advise the customs broker of the allegations or

complaints against him and shall explain that the broker has a

right to respond to the allegations or complaints in writing

within 30 days of the date of the notice. Before imposing a

monetary penalty, the customs officer shall consider the

allegations or complaints and any timely response made by the

customs broker and issue a written decision. A customs broker

against whom a monetary penalty has been issued under this

section shall have a reasonable opportunity under section 1618

of this title to make representations seeking remission or

mitigation of the monetary penalty. Following the conclusion

of any proceeding under section 1618 of this title, the

appropriate customs officer shall provide to the customs broker

a written statement which sets forth the final determination

and the findings of fact and conclusions of law on which such

determination is based.

(B) Revocation or suspension

The Customs Service may, for good and sufficient reason,

serve notice in writing upon any customs broker to show cause

why a license or permit issued under this section should not be

revoked or suspended. The notice shall be in the form of a

statement specifically setting forth the grounds of the

complaint, and shall allow the customs broker 30 days to

respond. If no response is filed, or the Customs Service

determines that the revocation or suspension is still

warranted, it shall notify the customs broker in writing of a

hearing to be held within 30 days, or at a later date if the

broker requests an extension and shows good cause therefor,

before an administrative law judge appointed pursuant to

section 3105 of title 5 who shall serve as the hearing

officer. If the customs broker waives the hearing, or the

broker or his designated representative fails to appear at the

appointed time and place, the hearing officer shall make

findings and recommendations based on the record submitted by

the parties. At the hearing, the customs broker may be

represented by counsel, and all proceedings, including the

proof of the charges and the response thereto shall be

presented with testimony taken under oath and the right of

cross-examination accorded to both parties. A transcript of

the hearing shall be made and a copy will be provided to the

Customs Service and the customs broker; which shall thereafter

be provided reasonable opportunity to file a post-hearing

brief. Following the conclusion of the hearing, the hearing

officer shall transmit promptly the record of the hearing along

with the findings of fact and recommendations to the Secretary

for decision. The Secretary will issue a written decision,

based solely on the record, setting forth the findings of fact

and the reasons for the decision. Such decision may provide

for the sanction contained in the notice to show cause or any

lesser sanction authorized by this subsection, including a

monetary penalty not to exceed $30,000, than was contained in

the notice to show cause.

(3) Settlement and compromise

The Secretary may settle and compromise any disciplinary

proceeding which has been instituted under this subsection

according to the terms and conditions agreed to by the parties,

including but not limited to the reduction of any proposed

suspension or revocation to a monetary penalty.

(4) Limitation of actions

Notwithstanding section 1621 of this title, no proceeding under

this subsection or subsection (b)(6) of this section shall be

commenced unless such proceeding is instituted by the appropriate

service of written notice within 5 years from the date the

alleged violation was committed; except that if the alleged

violation consists of fraud, the 5-year period of limitation

shall commence running from the time such alleged violation was

discovered.

(e) Judicial appeal

(1) In general

A customs broker, applicant, or other person directly affected

may appeal any decision of the Secretary denying or revoking a

license or permit under subsection (b) or (c) of this section, or

revoking or suspending a license or permit or imposing a monetary

penalty in lieu thereof under subsection (d)(2)(B) of this

section, by filing in the Court of International Trade, within 60

days after the issuance of the decision or order, a written

petition requesting that the decision or order be modified or set

aside in whole or in part. A copy of the petition shall be

transmitted promptly by the clerk of the court to the Secretary

or his designee. In cases involving revocation or suspension of

a license or permit or imposition of a monetary penalty in lieu

thereof under subsection (d)(2)(B) of this section, after receipt

of the petition, the Secretary shall file in court the record

upon which the decision or order complained of was entered, as

provided in section 2635(d) of title 28.

(2) Consideration of objections

The court shall not consider any objection to the decision or

order of the Secretary, or to the introduction of evidence or

testimony, unless that objection was raised before the hearing

officer in suspension or revocation proceedings unless there were

reasonable grounds for failure to do so.

(3) Conclusiveness of findings

The findings of the Secretary as to the facts, if supported by

substantial evidence, shall be conclusive.

(4) Additional evidence

If any party applies to the court for leave to present

additional evidence and the court is satisfied that the

additional evidence is material and that reasonable grounds

existed for the failure to present the evidence in the

proceedings before the hearing officer, the court may order the

additional evidence to be taken before the hearing officer and to

be presented in a manner and upon the terms and conditions

prescribed by the court. The Secretary may modify the findings

of facts on the basis of the additional evidence presented. The

Secretary shall then file with the court any new or modified

findings of fact which shall be conclusive if supported by

substantial evidence, together with a recommendation, if any, for

the modification or setting aside of the original decision or

order.

(5) Effect of proceedings

The commencement of proceedings under this subsection shall,

unless specifically ordered by the court, operate as a stay of

the decision of the Secretary except in the case of a denial of a

license or permit.

(6) Failure to appeal

If an appeal is not filed within the time limits specified in

this section, the decision by the Secretary shall be final and

conclusive. In the case of a monetary penalty imposed under

subsection (d)(2)(B) of this section, if the amount is not

tendered within 60 days after the decision becomes final, the

license shall automatically be suspended until payment is made to

the Customs Service.

(f) Regulations by the Secretary

The Secretary may prescribe such rules and regulations relating

to the customs business of customs brokers as the Secretary

considers necessary to protect importers and the revenue of the

United States, and to carry out the provisions of this section,

including rules and regulations governing the licensing of or

issuance of permits to customs brokers, the keeping of books,

accounts, and records by customs brokers, and documents and

correspondence, and the furnishing by customs brokers of any other

information relating to their customs business to any duly

accredited officer or employee of the Customs Service. The

Secretary may not prohibit customs brokers from limiting their

liability to other persons in the conduct of customs business. For

purposes of this subsection or any other provision of this chapter

pertaining to recordkeeping, all data required to be retained by a

customs broker may be kept on microfilm, optical disc, magnetic

tapes, disks or drums, video files or any other electrically

generated medium. Pursuant to such regulations as the Secretary

shall prescribe, the conversion of data to such storage medium may

be accomplished at any time subsequent to the relevant customs

transaction and the data may be retained in a centralized basis

according to such broker's business system.

(g) Triennial reports by customs brokers

(1) In general

On February 1, 1985, and on February 1 of each third year

thereafter, each person who is licensed under subsection (b) of

this section shall file with the Secretary of the Treasury a

report as to -

(A) whether such person is actively engaged in business as a

customs broker; and

(B) the name under, and the address at, which such business

is being transacted.

(2) Suspension and revocation

If a person licensed under subsection (b) of this section fails

to file the required report by March 1 of the reporting year, the

license is suspended, and may be thereafter revoked subject to

the following procedures:

(A) The Secretary shall transmit written notice of suspension

to the licensee no later than March 31 of the reporting year.

(B) If the licensee files the required report within 60 days

of receipt of the Secretary's notice, the license shall be

reinstated.

(C) In the event the required report is not filed within the

60-day period, the license shall be revoked without prejudice

to the filing of an application for a new license.

(h) Fees and charges

The Secretary may prescribe reasonable fees and charges to defray

the costs of the Customs Service in carrying out the provisions of

this section, including, but not limited to, a fee for licenses

issued under subsection (b) of this section and fees for any test

administered by him or under his direction; except that no separate

fees shall be imposed to defray the costs of an individual audit or

of individual disciplinary proceedings of any nature.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 641, 46 Stat. 759; Aug. 26,

1935, ch. 689, Sec. 3-5, 49 Stat. 864, 865; Pub. L. 85-791, Sec. 8,

Aug. 28, 1958, 72 Stat. 945; Pub. L. 91-271, title III, Sec.

301(jj), June 2, 1970, 84 Stat. 291; Pub. L. 95-410, title I, Sec.

113, Oct. 3, 1978, 92 Stat. 898; Pub. L. 96-417, title VI, Sec.

611, Oct. 10, 1980, 94 Stat. 1746; Pub. L. 98-573, title II, Sec.

212(a), Oct. 30, 1984, 98 Stat. 2978; Pub. L. 99-514, title XVIII,

Sec. 1888(8), Oct. 22, 1986, 100 Stat. 2925; Pub. L. 103-182, title

VI, Sec. 648, Dec. 8, 1993, 107 Stat. 2207; Pub. L. 104-295, Sec.

21(e)(11), Oct. 11, 1996, 110 Stat. 3531; Pub. L. 105-258, title

III, Sec. 302(b), Oct. 14, 1998, 112 Stat. 1916.)

-MISC1-

PRIOR PROVISIONS

This section relates to the same subject matter as act June 10,

1910, ch. 283, Sec. 1-5, 36 Stat. 464, 465 (incorporated into the

Code as former sections 415 to 419 of this title); and those

sections were expressly repealed by paragraph (e) of this section

which read as follows: ''(e) Licenses under Act of June 10, 1910. -

The Act entitled 'An Act to license customhouse brokers,' approved

June 10, 1910, is hereby repealed, except that any license issued

under such Act 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.''

Act June 10, 1910, ch. 283, Sec. 1, 36 Stat. 464, prior to its

incorporation into the Code, referred to the collector or chief

officer of the customs ''at any port of entry or delivery.'' Ports

of delivery, not specifically mentioned as ports of entry, were

abolished in the reorganization of the customs service by the

President (see notes to section 1 of this title).

Act June 10, 1910, ch. 283, Sec. 3, 36 Stat. 465, prior to its

incorporation into the Code, referred to the United States Circuit

Court instead of the District Court. Section 291 of the act of Mar.

3, 1911, provided that any reference, in any law not embraced in

that act, to the Circuit Courts, or any power or duty conferred

upon them, should be deemed to refer to, and to confer such power

and duty upon, the District Courts.

AMENDMENTS

1998 - Subsec. (i). Pub. L. 105-258 struck out subsec. (i) which

prohibited conference or group of two or more ocean common carriers

from denying any member the right to take independent action on any

level of compensation paid to an ocean freight forwarder who was

also a customs broker, and from agreeing to limit payment to such a

forwarder to less than 1.25 percent of aggregate of tariff rates

and charges, and set out provisions relating to administration of

provisions, remedies for violations, and definitions.

1996 - Subsec. (d)(2)(B). Pub. L. 104-295 substituted ''the

findings of fact'' for ''his findings of fact'' in penultimate

sentence.

1993 - Subsec. (a)(2). Pub. L. 103-182, Sec. 648(1), inserted at

end ''It also includes the preparation of documents or forms in any

format and the electronic transmission of documents, invoices,

bills, or parts thereof, intended to be filed with the Customs

Service in furtherance of such activities, whether or not signed or

filed by the preparer, or activities relating to such preparation,

but does not include the mere electronic transmission of data

received for transmission to Customs.''

Subsec. (c)(1). Pub. L. 103-182, Sec. 648(2), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: ''Each

person granted a customs broker's license under subsection (b) of

this section shall -

''(A) be issued a permit, in accordance with regulations

prescribed under this section, for each customs district in which

that person conducts customs business; and

''(B) except as provided in paragraph (2), regularly employ in

each customs district for which a permit is so issued at least

one individual who is licensed under subsection (b)(2) of this

section to exercise responsible supervision and control over the

customs business conducted by that person in that district.''

Subsec. (c)(4). Pub. L. 103-182, Sec. 648(3), added par. (4).

Subsec. (d)(2)(B). Pub. L. 103-182, Sec. 648(4), in first

sentence, substituted ''Customs Service'' for ''appropriate customs

officer'', in third sentence, substituted ''Customs Service'' for

''appropriate customs officer'', ''it shall notify'' for ''he shall

notify'', and ''30'' for ''15'', in sixth sentence, substituted

''the Customs Service and the customs broker; which'' for ''the

appropriate customs officer and the customs broker; they'', in the

seventh sentence, substituted ''the findings of fact'' for ''his

findings of fact'', and in the eighth sentence, substituted ''for

the decision'' for ''for his decision''.

Subsec. (f). Pub. L. 103-182, Sec. 648(5), substituted ''Customs

Service. The Secretary may not prohibit customs brokers from

limiting their liability to other persons in the conduct of customs

business. For purposes of this subsection or any other provision

of this Act pertaining to recordkeeping, all data required to be

retained by a customs broker may be kept on microfilm, optical

disc, magnetic tapes, disks or drums, video files or any other

electrically generated medium. Pursuant to such regulations as the

Secretary shall prescribe, the conversion of data to such storage

medium may be accomplished at any time subsequent to the relevant

customs transaction and the data may be retained in a centralized

basis according to such broker's business system.'' for ''United

States Customs Service.''

1986 - Subsec. (i). Pub. L. 99-514 added subsec. (i).

1984 - Pub. L. 98-573 amended section generally, substituting

provisions relating to customs broker's licenses and permits for

provisions relating to licensing of customhouse brokers.

1980 - Subsec. (b). Pub. L. 96-417, in second par., substituted

in second sentence ''filing, in the Court of International Trade''

for ''filing, in the circuit court of appeals of the United States

within any circuit wherein such person resides or has his principal

place of business, or in the United States Court of Appeals for the

District of Columbia'' and struck out penultimate sentence which

read as follows: ''The judgment and decree of the court affirming,

modifying, or setting aside, in whole or in part, any such order of

the Secretary of the Treasury shall be final, subject to review by

the Supreme Court of the United States upon certiorari or

certification as provided in 1254 of title 28.''

1978 - Subsec. (e). Pub. L. 95-410 added subsec. (e).

1970 - Subsec. (b). Pub. L. 91-271 substituted references to

appropriate officer of the customs for references to collector or

chief officer of customs wherever appearing.

1958 - Subsec. (b). Pub. L. 85-791 in third sentence of second

par., substituted ''transmitted by the clerk of the court to'' for

''served upon'', struck out ''upon'' before ''any officer'',

''certify and'' before ''file in the court'', ''a transcript of''

before ''the record upon'' and inserted ''as provided in section

2112 of title 28'', and in fourth sentence of second par.,

substituted ''petition'' for ''transcript''.

1935 - Subsec. (a). Act Aug. 26, 1935, Sec. 3, substituted

''(c)'' for ''(e)'' in last sentence.

Subsecs. (b) to (d). Act Aug. 26, 1935, Sec. 4, amended subsecs.

(b) to (d) generally.

Subsec. (e). Act Aug. 26, 1935, Sec. 5, repealed subsec. (e)

which related to licenses under the act of June 10, 1910.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-258 effective May 1, 1999, except as

otherwise provided, see section 2 of Pub. L. 105-258, set out as a

note under section 1701 of Title 46, Appendix, Shipping.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective on close of 180th day

following Oct. 30, 1984, with certain exceptions, except that

subsec. (c)(1)(B), (2) of this section shall take effect three

years after Oct. 30, 1984, see section 214(d) of Pub. L. 98-573,

set out as a note under section 1304 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 applicable with respect to civil

actions commenced on or after Nov. 1, 1980, see section 701(b)(2)

of Pub. L. 96-417, set out as a note under section 251 of Title 28,

Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1970 AMENDMENT

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

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

title.

-TRANS-

TRANSFER OF FUNCTIONS

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

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

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

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

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

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

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

-MISC5-

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

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

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

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

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

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

section 401 of Title 26, Internal Revenue Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 58c, 1484, 1509 of this

title; title 28 sections 1581, 2631, 2636, 2640, 2643.

-CITE-

19 USC Sec. 1642 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part VI - Miscellaneous Provisions

-HEAD-

Sec. 1642. Omitted

-COD-

CODIFICATION

In compliance with a request from the President on July 2, 1932,

the survey authorized by this section, act June 17, 1930, ch. 497,

title IV, Sec. 642, 46 Stat. 760, was made and submitted to the

President on February 28, 1933. See Tariff Commission Reports, No.

70, Second Series.

-CITE-

19 USC Sec. 1643 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part VI - Miscellaneous Provisions

-HEAD-

Sec. 1643. Application of customs reorganization act

-STATUTE-

The rights, privileges, powers, and duties vested in or imposed

upon the Secretary of the Treasury by this chapter shall be subject

to the provisions of subdivision (a) of section 2073 of this title.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 643, 46 Stat. 761.)

-REFTEXT-

REFERENCES IN TEXT

Subdivision (a) of section 2073 of this title, referred to in

text, was repealed by act Sept. 3, 1954, ch. 1263, Sec. 10, 68

Stat. 1229.

-CITE-

19 USC Sec. 1644 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part VI - Miscellaneous Provisions

-HEAD-

Sec. 1644. Application of section 1644a(b)(1) of this title and

section 1518(d) of title 33

-STATUTE-

(a) The authority vested by section 1644a(b)(1) of this title in

the Secretary of the Treasury, by regulation to provide for the

application to civil air navigation of the laws and regulations

relating to the administration of customs, and of the laws and

regulations relating to the entry and clearance of vessels, shall

extend to the application in like manner of any of the provisions

of this chapter, or of the Anti-Smuggling Act of 1935 (19 U.S.C.

1701 et seq.), or of any regulations promulgated hereunder.

(b) For purposes of section 1518(d) of title 33, the term

''customs laws administered by the Secretary of the Treasury''

shall mean this chapter and any other provisions of law classified

to this title.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 644, 46 Stat. 761; Pub. L.

96-467, Sec. 21(2), (3), Oct. 17, 1980, 94 Stat. 2228; Pub. L.

98-473, title II, Sec. 322, Oct. 12, 1984, 98 Stat. 2056.)

-REFTEXT-

REFERENCES IN TEXT

The Anti-Smuggling Act of 1935, referred to in subsec. (a),

probably means the Anti-Smuggling Act which is act Aug. 5, 1935,

ch. 438, 49 Stat. 517, as amended, which is classified principally

to chapter 5 (Sec. 1701 et seq.) of this title. For complete

classification of this Act to the Code, see section 1711 of this

title and Tables.

-COD-

CODIFICATION

In subsec. (a), ''section 1644a(b)(1) of this title'' substituted

for ''section 1109 of the Federal Aviation Act of 1958 (49 U.S.C.

1509)'' on authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994,

108 Stat. 1378, the first section of which enacted subtitles II,

III, and V to X of Title 49, Transportation.

-MISC3-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-473 substituted reference to

section 1509 of title 49, Appendix, for reference to section 177 of

former title 49, struck out reference to the Commissioner of

Customs, and inserted reference to the Anti-Smuggling Act of 1935.

Subsec. (b). Pub. L. 98-473 reenacted subsec. (b) without change.

1980 - Pub. L. 96-467 designated existing provisions as subsec.

(a) and added subsec. (b).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1436, 1459 of this title.

-CITE-

19 USC Sec. 1644a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part VI - Miscellaneous Provisions

-HEAD-

Sec. 1644a. Ports of entry

-STATUTE-

(a) Definitions

The definitions in section 40102(a) of title 49 apply to this

section.

(b) Secretary of the Treasury

(1) The Secretary of the Treasury may -

(A) designate ports of entry in the United States for civil

aircraft arriving in the United States from a place outside the

United States and property transported on that aircraft;

(B) detail to ports of entry officers and employees of the

United States Customs Service the Secretary considers necessary;

(C) give an officer or employee of the United States Government

stationed at a port of entry (with the consent of the head of the

department, agency, or instrumentality of the Government with

jurisdiction over the officer or employee) duties and powers of

officers or employees of the Customs Service;

(D) by regulation, apply to civil air navigation the laws and

regulations on carrying out the customs laws, to the extent and

under conditions the Secretary considers necessary; and

(E) by regulation, apply to civil aircraft the laws and

regulations on entry and clearance of vessels, to the extent and

under conditions the Secretary considers necessary.

(2) A person violating a customs regulation prescribed under

paragraph (1)(A)-(D) of this subsection or a public health or

customs law or regulation made applicable to aircraft by a

regulation under paragraph (1)(A)-(D) is liable to the Government

for a civil penalty of $5,000 for each violation. An aircraft

involved in the violation may be seized and forfeited under the

customs laws. The Secretary of the Treasury may remit or mitigate

a penalty and forfeiture under this paragraph.

(3) A person violating a regulation made applicable under

paragraph (1)(E) of this subsection or an immigration regulation

prescribed under paragraph (1)(E) is liable to the Government for a

civil penalty of $5,000 for each violation. The Secretary of the

Treasury or the Attorney General may remit or mitigate a penalty

under this paragraph.

(4) In addition to any other penalty, when a controlled substance

described in section 1584 of this title is found on, or to have

been unloaded from, an aircraft to which this subsection applies,

the owner of, or individual commanding, the aircraft is liable to

the Government for the penalties provided in section 1584 of this

title for each violation unless the owner or individual, by a

preponderance of the evidence, demonstrates that the owner or

individual did not know, and by exercising the highest degree of

care and diligence, could not have known, that a controlled

substance was on the aircraft.

(5) If a violation under this subsection is by the owner or

operator of, or individual commanding, the aircraft, the aircraft

is subject to a lien for the penalty.

(c) Secretary of Agriculture

(1) The Secretary of Agriculture by regulation may apply laws and

regulations on animal and plant quarantine (including laws and

regulations on importing, exporting, transporting, and quarantining

animals, plants, animal and plant products, insects, bacterial and

fungus cultures, viruses, and serums) to civil air navigation to

the extent and under conditions the Secretary considers necessary.

(2) A person violating a law or regulation made applicable under

paragraph (1) of this subsection is liable for the penalties

provided under that law or regulation.

(d) Remission and mitigation of penalties

A decision to remit or mitigate a civil penalty under this

section is final. When libel proceedings are pending during a

proceeding to remit or mitigate a penalty, the appropriate

Secretary shall notify the Attorney General of the remission or

mitigation proceeding.

(e) Summary seizure of aircraft

(1) An aircraft subject to a lien under this section may be

seized summarily by and placed in the custody of a person

authorized by regulations of the appropriate Secretary or the

Attorney General. A report of the case shall be sent to the

Attorney General. The Attorney General shall bring promptly a civil

action in rem to enforce the lien or notify the appropriate

Secretary that the action will not be brought.

(2) An aircraft seized under this section shall be released from

custody when -

(A) the civil penalty or amount not remitted or mitigated is

paid;

(B) the aircraft is seized under process of a court in a civil

action in rem to enforce the lien;

(C) the Attorney General gives notice that a civil action will

not be brought under paragraph (1) of this subsection; or

(D) a bond is deposited with the appropriate Secretary or the

Attorney General in an amount and with a surety the appropriate

Secretary or the Attorney General prescribes, conditioned on

payment of the penalty or amount not remitted or mitigated.

(f) Collection of civil penalties

A civil penalty under this section may be collected by bringing a

civil action against the person subject to the penalty, a civil

action in rem against an aircraft subject to a lien for a penalty,

or both. The action shall conform as nearly as practicable to a

civil action in admiralty, regardless of the place an aircraft in a

civil action in rem is seized. However, a party may demand a trial

by jury of an issue of fact if the value of the matter in

controversy is more than $20. An issue of fact tried by jury may be

reexamined only under common law rules.

(g) Authorization of appropriations

Necessary amounts may be appropriated to allow the head of a

department, agency, or instrumentality of the Government to acquire

space at a public airport (as defined in section 47102 of title 49)

when the head decides the space is necessary to carry out

inspections, clearance, collection of taxes or duties, or a similar

responsibility of the head, related to transporting passengers or

property in air commerce. The head must consult with the Secretary

of Transportation before making a decision on space.

-SOURCE-

(Pub. L. 103-272, Sec. 2, July 5, 1994, 108 Stat. 1358.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in subsec. (b)(1)(D), (2), are

classified generally to this title.

-COD-

CODIFICATION

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

comprises this chapter.

Section is based on sections 1474 and 1509(b)-(e) of former Title

49, Transportation, which were repealed and restated as this

section by Pub. L. 103-272, Sec. 2, 7(b), July 5, 1994, 108 Stat.

1358, 1379.

-TRANS-

TRANSFER OF FUNCTIONS

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

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

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

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

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

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

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1436, 1459, 1644 of this

title.

-CITE-

19 USC Sec. 1645 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part VI - Miscellaneous Provisions

-HEAD-

Sec. 1645. Transportation and interment of remains of deceased

employees in foreign countries; travel or shipping expenses

incurred on foreign ships

-STATUTE-

(a) Transfers in foreign countries

The expense of transporting the remains of customs officers and

employees who die while in or in transit to foreign countries in

the discharge of their official duties, to their former homes in

this country for interment, and the ordinary and necessary expenses

for such interment, at their posts of duty or at home, are

authorized to be paid upon the written order of the Secretary of

the Treasury. The expenses authorized by this subdivision shall be

paid from the appropriation for the collection of the revenue from

customs.

(b) Transportation on foreign ships

Notwithstanding the provisions of section 601 of the Merchant

Marine Act, 1928, or of any other law, any allowance, within the

limitations prescribed by law, for travel or shipping expenses

incurred on a foreign ship by any officer or employee of the Bureau

of Customs or the Customs Service, shall be credited if the

Secretary of the Treasury certifies to the Comptroller General that

transportation on such foreign ship was necessary to protect the

revenue.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 645(a), (c), 46 Stat. 761;

Aug. 2, 1946, ch. 744, Sec. 2, 60 Stat. 807.)

-REFTEXT-

REFERENCES IN TEXT

Section 601 of the Merchant Marine Act, 1928 (46 U.S.C. 891r),

referred to in text, was repealed by the Merchant Marine Act, 1936

(approved June 29, 1936, ch. 858, Sec. 903(c), 49 Stat. 2016), but

was reenacted in substance by section 901 of that Act, which is

classified to section 1241 of Title 46, Appendix, Shipping.

-COD-

CODIFICATION

Section is comprised of subsecs. (a) and (c) of section 645 of

act June 17, 1930. Subsec. (b) of section 645 repealed in part

section 48 of this title.

-MISC3-

AMENDMENTS

1946 - Subsec. (a). Act Aug. 2, 1946, eff. Nov. 1, 1946,

repealed first sentence relating to traveling expenses of

transferred employees. See section 5729 of Title 5, Government

Organization and Employees.

-CHANGE-

CHANGE OF NAME

Bureau of Customs redesignated United States Customs Service by

Treasury Department Order 165-23, Apr. 4, 1973, eff. Aug. 1, 1973,

38 F.R. 13037. See, also, section 308 of Title 31, Money and

Finance.

-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.

Bureau of Customs and Customs Service, referred to in text, were

under Department of the Treasury.

-CITE-

19 USC Sec. 1646 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part VI - Miscellaneous Provisions

-HEAD-

Sec. 1646. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992,

eff. Sept. 1, 1948

-MISC1-

Section, act June 17, 1930, ch. 497, title IV, Sec. 646, 46 Stat.

762, related to tenure and retirement of judges of United States

Court of Customs and Patent Appeals. See sections 213, 371, and 372

of Title 28, Judiciary and Judicial Procedure.

-CITE-

19 USC Sec. 1646a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part VI - Miscellaneous Provisions

-HEAD-

Sec. 1646a. Supervision by customs officers

-STATUTE-

Wherever in this chapter any action or thing is required to be

done or maintained under the supervision of customs officers, such

supervision may be directed and continuous or by occasional

verification as may be required by regulations of the Secretary of

the Treasury, or, in the absence of such regulations for a

particular case, as the principal customs officer concerned shall

direct.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 646, as added Aug. 8, 1953,

ch. 397, Sec. 22, 67 Stat. 520.)

-MISC1-

EFFECTIVE DATE

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

1953, see Effective Date of 1953 Amendments note set out under

section 1304 of this title.

-CITE-

19 USC Sec. 1646b 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part VI - Miscellaneous Provisions

-HEAD-

Sec. 1646b. Random customs inspections for stolen automobiles being

exported

-STATUTE-

The Commissioner of Customs shall direct customs officers to

conduct at random inspections of automobiles, and of shipping

containers that may contain automobiles that are being exported,

for purposes of determining whether such automobiles were stolen.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 646A, as added Pub. L.

102-519, title IV, Sec. 401, Oct. 25, 1992, 106 Stat. 3400.)

-TRANS-

TRANSFER OF FUNCTIONS

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

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

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

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

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

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

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

-MISC5-

PILOT STUDY AUTHORIZING UTILITY OF NONDESTRUCTIVE EXAMINATION

SYSTEM

Section 402 of Pub. L. 102-519 provided that: ''The Secretary of

the Treasury, acting through the Commissioner of Customs, shall

conduct a pilot study of the utility of a nondestructive

examination system to be used for inspection of containers that may

contain automobiles leaving the country for the purpose of

determining whether such automobiles have been stolen.''

-CITE-

19 USC Sec. 1646c 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part VI - Miscellaneous Provisions

-HEAD-

Sec. 1646c. Export reporting requirement

-STATUTE-

The Commissioner of Customs shall require all persons or entities

exporting used automobiles, including automobiles exported for

personal use, by air or ship to provide to the Customs Service, at

least 72 hours before the export, the vehicle identification number

of each such automobile and proof of ownership of such automobile.

The Commissioner shall establish specific criteria for randomly

selecting used automobiles scheduled to be exported, consistent

with the risk of stolen automobiles being exported and shall check

the vehicle identification number of each automobile selected

pursuant to such criteria against the information in the National

Crime Information Center to determine whether such automobile has

been reported stolen. At the request of the Director of the

Federal Bureau of Investigation, the Commissioner shall make

available to the Director all vehicle identification numbers

obtained under this section.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 646B, as added Pub. L.

102-519, title IV, Sec. 401, Oct. 25, 1992, 106 Stat. 3400.)

-TRANS-

TRANSFER OF FUNCTIONS

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

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

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

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

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

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

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

-CITE-

19 USC Sec. 1647 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part VI - Miscellaneous Provisions

-HEAD-

Sec. 1647. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992,

eff. Sept. 1, 1948

-MISC1-

Section, act June 17, 1930, ch. 497, title IV, Sec. 647, 46 Stat.

762, which repealed that part of section 195 of act Mar. 3, 1911,

ch. 231, that read as follows: ''in any case in which there is

drawn in question the construction of the Constitution of the

United States, or any part thereof, or of any treaty made pursuant

thereto, or in any other case when the Attorney General of the

United States shall, before the decision of the Court of Customs

Appeals is rendered, file with the court a certificate to the

effect that the case is of such importance as to render expedient

its review by the Supreme Court,'' was repealed by act June 25,

1948, which repealed section 195 of act Mar. 3, 1911, ch. 231.

-CITE-

19 USC Sec. 1648 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part VI - Miscellaneous Provisions

-HEAD-

Sec. 1648. Uncertified checks, United States notes, and national

bank notes receivable for customs duties

-STATUTE-

Customs officers may receive uncertified checks, United States

notes, and circulating notes of national banking associations in

payment of duties on imports, during such time and under such rules

and regulations as the Secretary of the Treasury shall prescribe;

but if a check so received is not paid the person by whom such

check has been tendered shall remain liable for the payment of the

duties and for all legal penalties and additions to the same extent

as if such check had not been tendered.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 648, 46 Stat. 762; Pub. L.

91-271, title III, Sec. 301(kk), June 2, 1970, 84 Stat. 291.)

-MISC1-

AMENDMENTS

1970 - Pub. L. 91-271 substituted reference to customs officers

for reference to collectors of customs.

EFFECTIVE DATE OF 1970 AMENDMENT

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

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

title.

-CITE-

19 USC Sec. 1649 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part VI - Miscellaneous Provisions

-HEAD-

Sec. 1649. Change in designation of customs attacheAE1s

-STATUTE-

On and after June 17, 1930, customs attacheAE1s shall be known as

''Treasury attacheAE1s.''

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 649, 46 Stat. 762.)

-CITE-

19 USC Sec. 1650 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part VI - Miscellaneous Provisions

-HEAD-

Sec. 1650. Transferred

-COD-

CODIFICATION

Section, act June 17, 1930, ch. 497, title IV, Sec. 650, 46 Stat.

762, is set out as a part of section 2072 of this title.

-CITE-

19 USC Sec. 1651 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part VI - Miscellaneous Provisions

-HEAD-

Sec. 1651. Repeals

-STATUTE-

(a) Specific repeals

The following Acts and parts of Acts are repealed, subject to the

limitations provided in subdivision (c) of this section:

(1) The Tariff Act of 1922, except that the repeal of sections

304 and 482 (relating to marking of imported articles and to

certified invoices, respectively) shall take effect sixty days

after the enactment of this chapter;

(2) Section 16 of the Act entitled ''An Act to remove certain

burdens on the American merchant marine and encourage the

American foreign carrying trade, and for other purposes'',

approved June 26, 1884, as amended (relating to supplies for

certain vessels);

(3) The Joint Resolution entitled ''Joint Resolution

Authorizing certain customs officials to administer oaths'',

approved April 2, 1928; and

(4) Section 2804 of the Revised Statutes, as amended (relating

to limitations on importation packages of cigars).

(b) General repeal

All Acts and parts of Acts inconsistent with the provisions of

this chapter are repealed.

(c) Rights and liabilities under acts repealed or modified

The repeal of existing laws or modifications or reenactments

thereof embraced in this chapter 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,

modifications, or reenactments, but all liabilities under such laws

shall continue and may be enforced in the same manner as if such

repeal, modifications, or reenactments had not been made. All

offenses committed and all penalties, under any statute embraced

in, or changed, modified, or repealed by this chapter, may be

prosecuted and punished in the same manner and with the same effect

as if this chapter had not been passed. No Acts of limitation now

in force, whether applicable to civil causes and proceedings, or to

the prosecution of offenses or for the recovery of penalties or

forfeitures embraced in, modified, changed, or repealed by this

chapter shall be affected thereby so far as they affect any suits,

proceedings, or prosecutions, whether civil or criminal, for causes

arising or acts done or committed prior to June 18, 1930, which may

be commenced and prosecuted within the same time and with the same

effect as if this chapter had not been passed.

(d) Certain acts not affected

Nothing in this chapter shall be construed to amend or repeal any

of the following provisions of law:

(1) Sections 128, 130, and 131 of this title and section 146 of

title 46, Appendix;

(2) Subsection 2 of paragraph N of Section IV of such Act of

October 3, 1913, ch. 16 (relating to the manufacture of alcohol

for denaturization only);

(3) Section 296 of title 5 (providing for an Assistant Attorney

General in charge of customs matters);

(4) The Act entitled ''An Act relating to the use or disposal

of vessels or vehicles forfeited to the United States for

violation of the customs laws or the National Prohibition Act,

and for other purposes'', approved March 3, 1925; nor

(5) The Antidumping Act, 1921 (19 U.S.C. 160 et seq.).

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 651, 46 Stat. 762.)

-REFTEXT-

REFERENCES IN TEXT

The Tariff Act of 1922, referred to in subsec. (a)(1), is act

Sept. 21, 1922, ch. 356, 42 Stat. 858, as amended. For complete

classification of this act to the Code, see Tables. Section 304 of

that act was classified, prior to its repeal, to sections 132 and

133 of this title, and section 482 of that act was classified,

prior to its repeal, to sections 334 to 337, 342, and 343 of this

title.

Section 16 of the act approved June 26, 1884, referred to in

subsec. (a)(2), is section 16 of act June 26, 1884, ch. 121, 23

Stat. 57, and was classified, prior to its repeal, to section 145

of this title. See section 1309 of this title.

Section 2804 of the Revised Statutes, referred to in subsec.

(a)(4), was classified, prior to its repeal, to section 192 of this

title.

Subsection 2 of paragraph N of Section IV of act of October 3,

1913, ch. 16, referred to in subsec. (d)(2), which appears at 38

Stat. 199 and which was classified to sections 487 and 488 of

former Title 26, Internal Revenue, was repealed by act Feb. 10,

1939, ch. 2, Sec. 4, 53 Stat. 1, which enacted the Internal Revenue

Code of 1939.

Section 296 of title 5, referred to in subsec. (d)(3), was

repealed in the general revision of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 8(a), Sept. 6,

1966, 80 Stat. 636. The office of the Assistant Attorney General in

charge of customs matters was abolished by Reorg. Plan No. 4 of

1953, Sec. 2, eff. June 20, 1953.

Act of March 3, 1925, referred to in subsec. (d)(4), was repealed

by act Aug. 27, 1935, ch. 740, Sec. 308, 49 Stat. 880.

The Antidumping Act, 1921, referred to in subsec. (d)(5), is act

May 27, 1921, ch. 14, title II, 42 Stat. 11, as amended, which was

classified generally to sections 160 to 171 of this title, and was

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

Stat. 193.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in subd. (c) of this section were

contained in act Sept. 21, 1922, ch. 356, title IV, Sec. 641, 42

Stat. 989. That section was superseded by section 651 of act June

17, 1930, comprising this section, and repealed by section

651(a)(1) of the 1930 act.

-CITE-

19 USC Sec. 1652 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part VI - Miscellaneous Provisions

-HEAD-

Sec. 1652. Separability

-STATUTE-

If any provision of this chapter, or the application thereof to

any person or circumstances, is held invalid, the remainder of the

chapter, and the application of such provision to other persons or

circumstances, shall not be affected thereby.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 652, 46 Stat. 763.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title IV, Sec. 645, 42 Stat. 990. That

section was superseded by section 652 of act June 17, 1930,

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

1930 act.

CUSTOMS PROCEDURAL REFORM AND SIMPLIFICATION ACT OF 1978

Pub. L. 95-410, title IV, Sec. 401, Oct. 3, 1978, 92 Stat. 905,

provided that: ''If any provision of this Act (see Short Title of

1978 Amendment note set out under section 1654 of this title), or

the application thereof to any person or circumstances, is held

invalid, the remainder of the provisions of this Act and the

application of such provisions to other persons or circumstances

shall not be affected thereby.''

-CITE-

19 USC Sec. 1653 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part VI - Miscellaneous Provisions

-HEAD-

Sec. 1653. Effective date of chapter

-STATUTE-

Except as otherwise provided, this chapter shall take effect on

June 18, 1930.

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 653, 46 Stat. 763.)

-CITE-

19 USC Sec. 1653a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part VI - Miscellaneous Provisions

-HEAD-

Sec. 1653a. Transferred

-COD-

CODIFICATION

Section, act June 25, 1938, ch. 679, Sec. 37, 52 Stat. 1094,

related to the effective date of the Customs Administrative Act of

1938, and is set out as a note under section 1401 of this title.

Section was not part of Tariff Act of 1930 which constitutes this

chapter.

-CITE-

19 USC Sec. 1654 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part VI - Miscellaneous Provisions

-HEAD-

Sec. 1654. Short title

-STATUTE-

This chapter may be cited as the ''Tariff Act of 1930.''

-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 654, 46 Stat. 763.)

-MISC1-

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-210, div. A, title III, Sec. 301, Aug. 6, 2002, 116

Stat. 972, provided that: ''This Act (probably means ''This

title'', enacting sections 1431a and 1583 of this title, amending

sections 58c, 482, 1318, 1330, 1411, 1505, 1509, 2075, and 2171 of

this title, and enacting provisions set out as notes under sections

58c, 482, 1583, 1625, 2071, 2075, and 2082 of this title) may be

cited as the 'Customs Border Security Act of 2002'.''

SHORT TITLE OF 2000 AMENDMENTS

Pub. L. 106-476, Sec. 1, Nov. 9, 2000, 114 Stat. 2101, provided

that: ''This Act (enacting subtitle V of this chapter and section

1308 of this title, amending sections 58c, 1313, 1433, 1434, 1441,

1484, 1505, and 1555 of this title, section 5314 of Title 5,

Government Organization and Employees, section 69 of Title 15,

Commerce and Trade, and sections 5704, 5754, and 5761 of Title 26,

Internal Revenue Code, and section 91 of Title 46, Appendix,

Shipping, and enacting provisions set out as notes under this

section and sections 58c, 1308, 1313, 1484, 1681, and 2434 of this

title, sections 1, 5704, and 5761 of Title 26, and section 1113 of

Title 31, Money and Finance) may be cited as the 'Tariff Suspension

and Trade Act of 2000'.''

Pub. L. 106-476, title I, Sec. 1441, Nov. 9, 2000, 114 Stat.

2163, provided that: ''This chapter (chapter 3 (Sec. 1441-1443) of

subtitle B of title I of Pub. L. 106-476, enacting section 1308 of

this title, amending section 69 of Title 15, Commerce and Trade,

and enacting provisions set out as notes under section 1308 of this

title), may be cited as the 'Dog and Cat Protection Act of 2000'.''

Pub. L. 106-387, Sec. 1(a) (title X, Sec. 1001), Oct. 28, 2000,

114 Stat. 1549, 1549A-72, provided that: ''This title (enacting

section 1675c of this title and provisions set out as notes under

section 1675c of this title) may be cited as the 'Continued Dumping

and Subsidy Offset Act of 2000'.''

SHORT TITLE OF 1999 AMENDMENT

Pub. L. 106-36, Sec. 1(a), June 25, 1999, 113 Stat. 127, provided

that: ''This Act (enacting section 1484b of this title, amending

sections 58c, 81c, 81i, 1304, 1313, 1411, 1441, 1505, 1514, 1515,

1520, 1555, 1557, 1558, 1584, 1592, 1631, 1675, 2171, 2194, 2293,

2436, 2463, 2492, 2494, and 2495 of this title, sections 620 and

620c of Title 16, Conservation, sections 262n-2, 286gg, 1978, and

5712 of Title 22, Foreign Relations and Intercourse, sections 351,

357, 358, 362, 368, 584, and 1031 of Title 26, Internal Revenue

Code, section 891e of Title 33, Navigation and Navigable Waters,

sections 2296b, 2296b-6, and 6374 of Title 42, The Public Health

and Welfare, and section 50103 of Title 49, Transportation,

repealing sections 1708 and 2441 of this title, and enacting

provisions set out as notes under sections 58c, 1304, 1313, 1484b,

1514, and 2434 of this title and section 351 of Title 26) may be

cited as the 'Miscellaneous Trade and Technical Corrections Act of

1999'.''

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-295, Sec. 1(a), Oct. 11, 1996, 110 Stat. 3514,

provided that: ''This Act (amending sections 58c, 81c, 293, 294,

1304, 1313, 1321, 1337, 1401, 1413, 1431, 1436, 1441, 1484, 1490,

1491, 1504, 1505, 1508, 1509, 1514, 1515, 1516a, 1555, 1592, 1592a,

1625, 1631, 1641, 1671a, 1671b, 1671d, 1673a, 1673d, 1673f, 1675b,

1677, 1677-1, 1677n, 2171, 2192, 2252, 2411, 2414, 2416, 2462,

2514, 2515, 2518, 2532, 2541, 2543 to 2547, 2552, 2553, 2561, 2571,

2573, 2578a, 2707, 2905, 3007, 3010, 3332, 3358, 3381, 3432, 3437,

3451, 3552, 3571, 3572, 3591, 3592, and 3602 of this title, section

1854 of Title 7, Agriculture, section 104A of Title 17, Copyrights,

and section 154 of Title 35, Patents, repealing sections 1707 and

2440 of this title, enacting provisions set out as notes under

sections 58c, 81c, 1304, 1321, 1505, and 2462 of this title, and

amending provisions set out as notes under sections 1466, 1553, and

2465 of this title) may be cited as the 'Miscellaneous Trade and

Technical Corrections Act of 1996'.''

SHORT TITLE OF 1986 AMENDMENT

Pub. L. 99-570, title III, subtitle B, Sec. 3101, Oct. 27, 1986,

100 Stat. 3207-79, provided that: ''This subtitle (subtitle B (Sec.

3101-3161) of title III of Pub. L. 99-570, enacting sections 1590,

1628, 1629, and 2081 of this title, amending sections 507, 1401,

1433, 1436, 1454, 1459, 1497, 1509, 1584 to 1586, 1594 to 1595a,

1613, 1613b, 1619, and 1622 of this title, section 959 of Title 21,

Food and Drugs, section 5316 of Title 31, Money and Finance, and

section 12109 of Title 46, Shipping, repealing section 1460 of this

title, and enacting provisions set out as a note under section

1613b of this title) may be cited as the 'Customs Enforcement Act

of 1986'.''

SHORT TITLE OF 1984 AMENDMENT

Pub. L. 98-573, Sec. 1, Oct. 30, 1984, 98 Stat. 2948, provided in

part that this Act (see Tables for classification) may be cited as

the ''Trade and Tariff Act of 1984''.

SHORT TITLE OF 1978 AMENDMENT

Pub. L. 95-410, Sec. 1, Oct. 3, 1978, 92 Stat. 888, provided:

''That this Act (enacting sections 58a, 1496a, 1504, 1508, 1625,

and 2075 of this title, amending sections 467, 1202, 1315, 1321,

1466, 1483, 1484, 1491, 1505, 1509, 1510, 1520, 1526, 1557, 1559,

1584, 1592, 1599, 1603, 1607, 1610, 1612, 1613, 1615, 1621, and

1641 of this title, section 1124 of Title 15, Commerce and Trade,

and section 883 of Title 46, Appendix, Shipping, repealing sections

58 and 1511 of this title and sections 329, 330, and 333 of former

Title 46, and enacting provisions set out as notes under sections

1202, 1434, 1496a, 1504, 1557, 1592, and 1652 of this title) may be

cited as the 'Customs Procedural Reform and Simplification Act of

1978'.''

SHORT TITLE OF 1970 AMENDMENT

Section 201 of Pub. L. 91-271, June 2, 1970, 84 Stat. 282,

provided that: ''Titles II and III of this Act (amending sections

2, 6, 31, 32, 58, 66, 81c, 151, 161, 167 to 169, 261, 267, 282,

293, 341, 528, 1305, 1311, 1315, 1401, 1402, 1432, 1434, 1435b,

1438, 1441, 1443 to 1451, 1452 to 1455, 1457, 1467, 1482, 1484,

1485, 1490 to 1493, 1496, 1499 to 1503, 1505, 1506, 1509 to 1516,

1520, 1521, 1523, 1555, 1557, 1560, 1562 to 1565, 1584, 1586, 1595,

1602 to 1610, 1612 to 1614, 1617, 1618, 1623, 1641, and 1648 of

this title, repealing sections 5, 5a, 7 to 11, 36, 37, 51, 63, and

1488 of this title, and enacting provisions set out as notes under

this section) may be cited as 'The Customs Administrative Act of

1970'.''

SHORT TITLE OF 1966 AMENDMENT

Section 1(a) of Pub. L. 89-651, Oct. 14, 1966, 80 Stat. 897,

provided: ''That this Act (enacting section 1544 of Title 28,

Judiciary and Judicial Procedure, amending Schedules 2, 7, and 8 of

the Tariff Schedules of the United States and section 2602 of Title

28, and enacting provisions set out as a note preceding section

1202 and under section 1981 of this title) may be cited as the

'Educational, Scientific, and Cultural Materials Importation Act of

1966'.''

SHORT TITLE OF 1965 AMENDMENT

Section 1(a) of Pub. L. 89-241, Oct. 7, 1965, 79 Stat. 933,

provided: ''That this Act (amending section 1202 of this title and

Schedules 1 to 8 and Appendix to Schedules, and enacting provisions

set out as notes preceding section 1202 and under section 1981 of

this title) may be cited as the 'Tariff Schedules Technical

Amendments Act of 1965'.''

Section 1(c) of Pub. L. 89-241, Oct. 7, 1965, 79 Stat. 933,

provided that: ''Title I of the Tariff Act of 1930 (subtitle I of

this chapter), as in effect on or after August 31, 1963, may be

cited as the 'Tariff Schedules of the United States'.''

SHORT TITLE OF 1962 AMENDMENT

Section 1 of Pub. L. 87-456, May 24, 1962, 76 Stat. 72, provided:

''That this Act (amending section 1312 of this title, section 1856

of Title 7, Agriculture, section 41 of Title 21, Food and Drugs,

sections 4501 and 6418 of Title 26, Internal Revenue Code, section

474 of former Title 40, Public Buildings, Property, and Works, and

section 2201 of Title 42, The Public Health and Welfare, repealing

sections 193 to 195, 196a, 420, 1301a, 1308, 1367, 1489, 1504, and

1508 of this title and section 2383 of Title 10, Armed Forces, and

enacting provisions set out as notes preceding section 1202 of this

title and under section 1861 of this title and section 4501 of

Title 26) may be cited as the 'Tariff Classification Act of

1962'.''

SHORT TITLE OF 1958 AMENDMENT

Section 1 of Pub. L. 85-686, Aug. 20, 1958, 72 Stat. 673,

provided: ''That this Act (enacting section 1335 of this title,

amending sections 1333, 1336, 1337, 1351, 1352a, 1360, and 1364 of

this title, and enacting provisions set out as notes under sections

1351 and 1352 of this title) may be cited as the 'Trade Agreements

Extension Act of 1958'.''

SHORT TITLE OF 1956 AMENDMENT

Section 1 of act Aug. 2, 1956, ch. 887, 70 Stat. 943, provided:

''That this Act (enacting section 1401a of this title, amending

sections 1001, 1402, 1500, and 1583 of this title, and section 372

of former Title 31, Money and Finance, repealing sections 12 to 18,

21, 24, 26 to 28, 30, 40, 53 to 57, 59, 61, 62, 67, 376, 379, 390,

494, 526, 541, 542, 549, and 579 of this title, and section 711 of

former Title 31, and enacting provisions set out as notes under

sections 2, 160, 1351, 1401a, and 1402 of this title) may be cited

as the 'Customs Simplification Act of 1956'.''

SHORT TITLE OF 1955 AMENDMENT

Section 1 of act June 21, 1955, ch. 169, 69 Stat. 162, provided:

''That this Act (amending sections 1351, 1352, 1352a, 1363, and

1364 of this title) may be cited as the 'Trade Agreements Extension

Act of 1955'.''

SHORT TITLE OF 1954 AMENDMENT

Section 1 of act Sept. 1, 1954, ch. 1213, 68 Stat. 1136,

provided: ''That this Act (enacting sections 1301a and 1595a of

this title, amending sections 161, 1001, 1201, 1441, 1451, 1581,

1605, 1607, 1610, 1612 of this title, section 545 of Title 18,

Crimes and Criminal Procedure, section 91 of Title 46, Appendix,

Shipping, sections 1421e, 1644 of Title 48, Territories and Insular

Possessions, and enacting provisions set out as notes under

sections 160 and 1332 of this title) may be cited as the 'Customs

Simplification Act of 1954'.''

SHORT TITLE OF 1953 AMENDMENTS

Section 1 of act Aug. 8, 1953, ch. 397, 67 Stat. 507, provided in

part: ''That this Act (amending sections 268, 1001, 1201, 1304,

1308, 1309, 1313, 1315, 1317, 1321, 1431, 1439, 1440, 1482, 1484,

1486, 1487, 1489, 1498, 1501, 1503, 1508, 1520, 1523, 1557, and

1562 of this title, enacting sections 1322 and 1646a of this title,

and repealing sections 33-35, 39, 42-45, 273, 274, 472-475, 1320,

and 1503a of this title) may be cited as the 'Customs

Simplification Act of 1953'.''

Section 1 of act Aug. 7, 1953, ch. 348, 67 Stat. 472, provided:

''That this Act (amending sections 1330, 1352, and 1364 of this

title, section 624 of Title 7, Agriculture, and provisions set out

as notes under sections 1351, 1364, and section 1366 of this title)

may be cited as the 'Trade Agreements Extension Act of 1953'.''

SHORT TITLE OF 1951 AMENDMENT

Section 1 of act June 16, 1951, ch. 141, 65 Stat. 72, provided:

''That this Act (enacting sections 1360 to 1367 of this title,

amending sections 1352 and 1354 of this title, provisions set out

as a note under section 1516 of this title, and section 624 of

Title 7, Agriculture) may be cited as the 'Trade Agreements

Extension Act of 1951'.''

SHORT TITLE OF 1949 AMENDMENT

Section 1 of act Sept. 26, 1949, ch. 585, 63 Stat. 697, provided:

''That this Act (amending sections 1351, 1352, and 1354 of this

title and repealing sections 1357 to 1359 of this title) may be

cited as the 'Trade Agreements Extension Act of 1949'.''

SHORT TITLE OF 1938 AMENDMENT

Section 1 of act June 25, 1938, ch. 679, 52 Stat. 1077, provided:

''That this Act (enacting sections 1321, 1467, 1528 of this title,

amending sections 1001, 1201, 1304, 1308, 1309, 1315, 1317, 1401,

1402, 1451, 1459, 1460, 1484, 1485, 1491, 1499, 1501, 1516, 1520,

1524, 1553, 1557 to 1559, 1562, 1563, 1603, 1607, 1609, 1613, 1623,

1709 of this title, and section 331 of former Title 46, Shipping,

and enacting provisions set out as a note under section 1516 of

this title) may be cited as the 'Customs Administrative Act of

1938'.''

-CITE-

19 USC SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING

DUTIES 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

.

-HEAD-

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

-SECREF-

SUBTITLE REFERRED TO IN OTHER SECTIONS

This subtitle is referred to in sections 1339, 1401a, 1514,

1516a, 3432, 3437, 3438, 3538, 3571, 3804 of this title; title 12

section 635; title 28 section 2635.

-CITE-

19 USC Part I - Imposition of Countervailing Duties 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part I - Imposition of Countervailing Duties

.

-HEAD-

Part I - Imposition of Countervailing Duties

-COD-

CODIFICATION

The designations ''SUBTITLE IV'' and ''Part I'' were in the

original ''TITLE VII'' and ''Subtitle A'' respectively, and were

editorially changed in order to conform the numbering format of

this subtitle to the usages employed in the codification of the

remainder of the Tariff Act of 1930 as originally enacted.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 1675b, 1677, 1677a, 1677c,

1677f, 1677m, 2171, 2252, 3437, 3571 of this title.

-CITE-

19 USC Sec. 1671 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part I - Imposition of Countervailing Duties

-HEAD-

Sec. 1671. Countervailing duties imposed

-STATUTE-

(a) General rule

If -

(1) the administering authority determines that the government

of a country or any public entity within the territory of a

country is providing, directly or indirectly, a countervailable

subsidy with respect to the manufacture, production, or export of

a class or kind of merchandise imported, or sold (or likely to be

sold) for importation, into the United States, and

(2) in the case of merchandise imported from a Subsidies

Agreement country, the Commission determines that -

(A) an industry in the United States -

(i) is materially injured, or

(ii) is threatened with material injury, or

(B) the establishment of an industry in the United States is

materially retarded,

by reason of imports of that merchandise or by reason of sales

(or the likelihood of sales) of that merchandise for importation,

then there shall be imposed upon such merchandise a countervailing

duty, in addition to any other duty imposed, equal to the amount of

the net countervailable subsidy. For purposes of this subsection

and section 1671d(b)(1) of this title, a reference to the sale of

merchandise includes the entering into of any leasing arrangement

regarding the merchandise that is equivalent to the sale of the

merchandise.

(b) Subsidies Agreement country

For purposes of this subtitle, the term ''Subsidies Agreement

country'' means -

(1) a WTO member country,

(2) a country which the President has determined has assumed

obligations with respect to the United States which are

substantially equivalent to the obligations under the Subsidies

Agreement, or

(3) a country with respect to which the President determines

that -

(A) there is an agreement in effect between the United States

and that country which -

(i) was in force on December 8, 1994, and

(ii) requires unconditional most-favored-nation treatment

with respect to articles imported into the United States, and

(B) the agreement described in subparagraph (A) does not

expressly permit -

(i) actions required or permitted by the GATT 1947 or GATT

1994, as defined in section 3501(1) of this title, or

required by the Congress, or

(ii) nondiscriminatory prohibitions or restrictions on

importation which are designed to prevent deceptive or unfair

practices.

(c) Countervailing duty investigations involving imports not

entitled to a material injury determination

In the case of any article or merchandise imported from a country

which is not a Subsidies Agreement country -

(1) no determination by the Commission under section 1671b(a),

1671c, or 1671d(b) of this title shall be required,

(2) an investigation may not be suspended under section

1671c(c) or 1671c(l) of this title,

(3) no determination as to the presence of critical

circumstances shall be made under section 1671b(e) or 1671d(a)(2)

of this title,

(4) section 1671e(c) of this title shall not apply,

(5) any reference to a determination described in paragraph (1)

or (3), or to the suspension of an investigation under section

1671c(c) or 1671c(l) of this title, shall be disregarded, and

(6) section 1675(c) of this title shall not apply.

(d) Treatment of international consortia

For purposes of this part, if the members (or other participating

entities) of an international consortium that is engaged in the

production of subject merchandise receive countervailable subsidies

from their respective home countries to assist, permit, or

otherwise enable their participation in that consortium through

production or manufacturing operations in their respective home

countries, then the administering authority shall cumulate all such

countervailable subsidies, as well as countervailable subsidies

provided directly to the international consortium, in determining

any countervailing duty upon such merchandise.

(e) Upstream subsidies

Whenever the administering authority has reasonable grounds to

believe or suspect that an upstream subsidy, as defined in section

1677-1(a)(1) (FOOTNOTE 1) of this title, is being paid or bestowed,

the administering authority shall investigate whether an upstream

subsidy has in fact been paid or bestowed, and if so, shall include

the amount of the upstream subsidy as provided in section

1677-1(a)(3) (FOOTNOTE 2) of this title.

(FOOTNOTE 1) So in original. Probably should be section

''1677-1(a)''.

(FOOTNOTE 2) So in original. Probably should be section

''1677-1(c)''.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 701, as added Pub. L.

96-39, title I, Sec. 101, July 26, 1979, 93 Stat. 151; amended Pub.

L. 98-573, title VI, Sec. 602(a)(1), 613(b), Oct. 30, 1984, 98

Stat. 3024, 3035; Pub. L. 99-514, title XVIII, Sec. 1886(a)(1),

Oct. 22, 1986, 100 Stat. 2921; Pub. L. 100-418, title I, Sec. 1314,

1315, Aug. 23, 1988, 102 Stat. 1185; Pub. L. 100-647, title IX,

Sec. 9001(a)(9), Nov. 10, 1988, 102 Stat. 3807; Pub. L. 103-465,

title II, Sec. 233(a)(5)(A), 261(d)(1)(B)(iii), 262, 270(b)(1)(A),

Dec. 8, 1994, 108 Stat. 4899, 4910, 4917.)

-MISC1-

AMENDMENTS

1994 - Subsecs. (a) to (c). Pub. L. 103-465, Sec. 262, amended

subsecs. (a) to (c) generally, substituting present provisions for

provisions which generally authorized the imposition of

countervailing duties, defined ''country under the Agreement'', and

provided for revocation of status as country under the Agreement.

Subsec. (d). Pub. L. 103-465, Sec. 270(b)(1)(A), substituted

''countervailable subsidies'' for ''subsidies'' wherever appearing.

Pub. L. 103-465, Sec. 233(a)(5)(A), substituted ''subject

merchandise'' for ''a class or kind of merchandise subject to a

countervailing duty investigation''.

Subsec. (f). Pub. L. 103-465, Sec. 261(d)(1)(B)(iii), struck out

subsec. (f) which provided for cross reference to section 1303 of

this title for provisions of law applicable in the case of

merchandise which was product of country other than country under

the Agreement.

1988 - Subsec. (c). Pub. L. 100-418, Sec. 1314(2), added subsec.

(c). Former subsec. (c) relating to upstream subsidies redesignated

(d).

Subsec. (d). Pub. L. 100-647 redesignated subsec. (d), relating

to cross reference, as (f).

Pub. L. 100-418, Sec. 1315(2), added subsec. (d) relating to

treatment of international consortia. Former subsec. (d), relating

to upstream subsidies, redesignated (e).

Pub. L. 100-418, Sec. 1314(1), redesignated subsec. (c), relating

to upstream subsidies, as (d).

Subsec. (e). Pub. L. 100-418, Sec. 1315(1), redesignated subsec.

(d), relating to upstream subsidies, as (e).

Subsec. (f). Pub. L. 100-647 redesignated subsec (d), relating to

cross reference, as (f).

1986 - Subsecs. (c), (d), (g). Pub. L. 99-514 redesignated

subsecs. (g) and (c) as (c) and (d), respectively.

1984 - Subsec. (a). Pub. L. 98-573, Sec. 602(a)(1)(C), inserted

last sentence which provided that for purposes of this subsection

and section 1671d(b)(1) of this title, a reference to the sale of

merchandise includes the entering into of any leasing arrangement

regarding the merchandise that is equivalent to the sale of the

merchandise.

Subsec. (a)(1). Pub. L. 98-573, Sec. 602(a)(1)(A), inserted '',

or sold (or likely to be sold) for importation,'' in provisions

following subpar. (B).

Subsec. (a)(2). Pub. L. 98-573, Sec. 602(a)(1)(B), inserted ''or

by reason of sales (or the likelihood of sales) of that merchandise

for importation'' in provisions following subpar. (B).

Subsec. (g). Pub. L. 98-573, Sec. 613(b), added subsec. (g).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 261(d)(1)(B)(iii) of Pub. L. 103-465

effective on the effective date of title II of Pub. L. 103-465,

Jan. 1, 1995, see section 261(d)(2) of Pub. L. 103-465, set out as

a note under section 1315 of this title.

Section 291 of title II of Pub. L. 103-465 provided that:

''(a) In General. - Except as provided in section 261 (amending

this section and sections 1315, 1337, 1677i, 2192, and 2194 of this

title, repealing section 1303 of this title, enacting provisions

set out as notes under sections 1303 and 1315 of this title, and

amending provisions set out as a note under section 1303 of this

title), the amendments made by this title (see Tables for

classification) shall take effect on the date described in

subsection (b) and apply with respect to -

''(1) investigations initiated -

''(A) on the basis of petitions filed under section 702(b),

732(b), or 783(b) of the Tariff Act of 1930 (19 U.S.C.

1671a(b), 1673a(b), or 1677n(b)) after the date described in

subsection (b), or

''(B) by the administering authority under section 702(a) or

732(a) of such Act after such date,

''(2) reviews initiated under section 751 of such Act (19

U.S.C. 1675) -

''(A) by the administering authority or the Commission on

their own initiative after such date, or

''(B) pursuant to a request filed after such date,

''(3) investigations initiated under section 753 of such Act

(19 U.S.C. 1675b) after such date,

''(4) petitions filed under section 780 of such Act (19 U.S.C.

1677i) after such date, and

''(5) inquiries initiated under section 781 of such Act (19

U.S.C. 1677j) -

''(A) by the administering authority on its own initiative

after such date, or

''(B) pursuant to a request filed after such date.

''(b) Date Described. - The date described in this subsection is

the date on which the WTO Agreement (as defined in section 2(9) (19

U.S.C. 3501(9))) enters into force with respect to the United

States (Jan. 1, 1995).''

EFFECTIVE DATE OF 1988 AMENDMENTS

Amendment by Pub. L. 100-647 applicable as if such amendment took

effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647,

set out as an Effective and Termination Dates of 1988 Amendments

note under section 58c of this title.

Section 1337 of Pub. L. 100-418, as amended by Pub. L. 100-647,

title IX, Sec. 9001(a)(6), Nov. 10, 1988, 102 Stat. 3807, provided

that:

''(a) In General. - Except as otherwise provided in this section,

the amendments made by this part (part 2 (Sec. 1311-1337) of

subtitle C of title I of Pub. L. 100-418, enacting sections 1673h,

1677-2, 1677i to 1677k of this title, amending this section and

sections 1516, 1671a to 1671d, 1673a to 1673e, 1675, 1677, 1677b,

1677e, 1677f, and 1677h of this section, and amending provisions

set out as a note under section 2253 of this title) shall take

effect on the date of enactment of this Act (Aug. 23, 1988).

''(b) Investigations and Reviews After Enactment. - The

amendments made by sections 1312, 1315, 1316, 1318, 1325, 1326,

1327, 1328, 1329, 1331, and 1332 (amending this section and

sections 1516, 1671a to 1671c, 1673a to 1673c, 1673e, 1677, 1677b,

1677e, and 1677f of this title) shall only apply with respect to -

''(1) investigations initiated after the date of enactment of

this Act (Aug. 23, 1988), and

''(2) reviews initiated under section 736(c) or 751 of the

Tariff Act of 1930 (19 U.S.C. 1673e(c) or 1675) after the date of

enactment of this Act (Aug. 23, 1988).

''(c) Investigations After Enactment. - The amendments made by

sections 1324 and 1330 (amending sections 1671a, 1671b, 1671d,

1673a, 1673b, 1673d, and 1677 of this title) shall only apply with

respect to investigations initiated after the date of enactment of

this Act (Aug. 23, 1988).

''(d) Prevention of Circumvention of Duties; Drawback. - The

provisions of section 781 of the Tariff Act of 1930, as added by

section 1321(a) (19 U.S.C. 1677j), and the amendments made by

section 1334 (amending section 1677h of this title) shall apply

with respect to articles entered, or withdrawn from warehouse for

consumption, on or after the date of enactment of this Act (Aug.

23, 1988).

''(e) Governmental Importations; Steel. - The amendments made by

sections 1322 (amending provisions set out as a note under section

2253 of this title) and 1335 (amending section 1677 of this title)

shall apply with respect to entries, and withdrawals from warehouse

for consumption, that are liquidated on or after the date of

enactment of this Act (Aug. 23, 1988).

''(f) Fictitious Markets. - The amendment made by section 1319

(amending section 1677b of this title) shall only apply with

respect to -

''(1) reviews initiated under section 736(c) or 751 of the

Tariff Act of 1930 (19 U.S.C. 1673e(c) or 1675) after the date of

enactment of this Act (Aug. 23, 1988), and

''(2) reviews initiated under such sections -

''(A) which are pending on the date of enactment of this Act,

and

''(B) in which a request for revocation is pending on the

date of enactment of this Act.''

EFFECTIVE DATE OF 1984 AMENDMENT

Section 626 of title VI of Pub. L. 98-573, as amended by Pub. L.

99-514, title XVIII, Sec. 1886(b), Oct. 22, 1986, 100 Stat. 2922,

provided that:

''(a) Except as provided in subsections (b) and (c), this Act

(probably should be ''this title''), and the amendments made by it

(enacting sections 1671h, 1677-1, and 1677h of this title, amending

this section and sections 1671b to 1671e, 1673c, 1673d, 1677a to

1677f, and 1677g of this title, and repealing sections 1673h and

1673i of this title), shall take effect on the date of the

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

''(b)(1) The amendments made by sections 602, 609, 611, 612, and

620 (enacting sections 1676, 1676a, and 1677f-1 of this title and

amending this section and sections 1514, 1671c, 1671d, 1673, 1673a,

1673c, 1673d, 1675, 1677, and 1677b of this title, section 2631 of

Title 28, Judiciary and Judicial Procedure, and provisions set out

as a note under this section) shall apply with respect to

investigations initiated by petition or by the administering

authority under subtitles A and B of title VII of the Tariff Act of

1930 (parts I and II of this subtitle), and to reviews begun under

section 751 of that Act (section 1675 of this title), on or after

such effective date.

''(2) The amendments made by section 623 (amending section 1516a

of this title and sections 2636 and 2647 of Title 28) shall apply

with respect to civil actions pending on, or filed on or after, the

date of the enactment of this Act (Oct. 30, 1984).

''(3) The administering authority may delay implementation of any

of the amendments referred to in subsections (a) and (b)(1) with

respect to any investigation in progress on the date of enactment

of this Act (Oct. 30, 1984) if the administering authority

determines that immediate implementation would prevent compliance

with a statutory deadline in title VII of the Tariff Act of 1930

(this subtitle) that is applicable to that investigation.

''(4) The amendment made by section 621 (amending section 1677g

of this title) shall apply with respect to merchandise that is

unliquidated on or after November 4, 1984.

''(c)(1) No provision of title VII of the Tariff Act of 1930

(this subtitle) shall be interpreted to prevent the refiling of a

petition under section 702 or 732 of that title (sections 1671a and

1673a of this title) that was filed before the date of the

enactment of this title, if the purpose of such refiling is to

avail the petitioner of the amendment made by section 612(a)(1)

(amending section 1677(4)(A) of this title).

''(2) The amendment made by section 612(a)(1) shall not apply

with respect to petitions filed (or refiled under paragraph (1))

under section 702 or 732 of the Tariff Act of 1930 after September

30, 1986.''

EFFECTIVE DATE

Section 107 of title I of Pub. L. 96-39 provided that: ''Except

as otherwise provided in this title, this title and the amendments

made by it (enacting this subtitle, amending sections 1303, 1337,

2033, and 2251 of this title, repealing sections 160 to 171 of this

title, and enacting provisions set out as notes under this section

and sections 160 and 1303 of this title) shall take effect on

January 1, 1980, if -

''(1) the Agreement on Interpretation and Application of

Articles VI, XVI, and XXIII of the General Agreement on Tariffs

and Trade (relating to subsidies and countervailing measures),

and

''(2) the Agreement on Implementation of Article VI of the

General Agreement on Tariffs and Trade (relating to antidumping

measures),

approved by the Congress under section 2(a) of this Act (section

2503(a) of this title) have entered into force with respect to the

United States as of that date.''

(These agreements entered into force with respect to the United

States on Dec. 17, 1979.)

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under subsec. (b) of this section

delegated to United States Trade Representative, see section

1-103(b) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 990, set out

as a note under section 2171 of this title.

-MISC5-

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

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

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

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

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

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

section 401 of Title 26, Internal Revenue Code.

INVESTIGATIONS PENDING ON JANUARY 1, 1980

Section 102 of Pub. L. 96-39 provided that:

''(a) Pending Investigations of Bounties or Grants. - If, on the

effective date of the application of title VII of the Tariff Act of

1930 (see Effective Date note set out above) to imports from a

country, there is an investigation in progress under section 303 of

that Act (section 1303 of this title) as to whether a bounty or

grant is being paid or bestowed on imports from such country, then:

''(1) If the Secretary of the Treasury has not yet made a

preliminary determination under section 303 of that Act (section

1303 of this title) as to whether a bounty or grant is being paid

or bestowed, he shall terminate the investigation under section

303 (section 1303 of this title) and the matter previously under

investigation shall be subject to this title (this subtitle) as

if the affirmative determination called for in section 702 of

that Act (section 1671a of this title) were made with respect to

that matter on the effective date of the application of title VII

of that Act (this subtitle) to such country.

''(2) If the Secretary has made a preliminary determination

under such section 303 (section 1303 of this title), but not a

final determination, as to whether a bounty or grant is being

paid or bestowed, he shall terminate the investigation under such

section 303 (section 1303 of this title) and the matter

previously under investigation shall be subject to the provisions

of title VII of that Act (this subtitle) as if the preliminary

determination under section 303 (section 1303 of this title) were

a preliminary determination under section 703 of that title

(section 1671b of this title) made on the effective date of the

application of that title (this subtitle) to such country.

''(b) Pending Investigations of Less-Than-Fair-Value Sales. - If,

on the effective date of title VII of the Tariff Act of 1930 (see

Effective Date note set out above), there is an investigation in

progress under the Antidumping Act, 1921 (sections 160 to 171 of

this title), as to whether imports from a country are being, or are

likely to be, sold in the United States or elsewhere at less than

fair value, then:

''(1) If the Secretary has not yet made a preliminary

determination under the Antidumping Act, 1921 (sections 160 to

171 of this title), as to the question of less-than-fair-value

sales, he shall terminate the investigation and the United States

International Trade Commission shall terminate any investigation

under section 201(c)(2) of the Antidumping Act, 1921 (section

160(c)(2) of this title), and the matter previously under

investigation shall be subject to the provisions of title VII of

the Tariff Act of 1930 (this subtitle) as if the affirmative

determination called for in section 732 (section 1673a of this

title) were made with respect to such matter on the effective

date of title VII of the Tariff Act of 1930.

''(2) If the Secretary has made under the Antidumping Act, 1921

(sections 160 to 171 of this title), a preliminary determination,

but not a final determination, that imports from such country are

being or are likely to be sold in the United States or elsewhere

at less than fair value, the investigation shall be terminated

and the matter previously under investigation shall be subject to

the provisions of title VII of the Tariff Act of 1930 (this

subtitle) as if the preliminary determination under the

Antidumping Act, 1921 (sections 160 to 171 of this title), were a

preliminary determination under section 733 of that title

(section 1673b of this title) made on the effective date of title

VII of the Tariff Act of 1930 (see Effective Date note set out

above).

''(c) Pending Investigations of Injury. - If, on the effective

date of the application of title VII of the Tariff Act of 1930 (see

Effective Date note set out above) to imports from a country, the

United States International Trade Commission is conducting an

investigation under section 303 of the Tariff Act of 1930 (section

1303 of this title) or section 201(a) of the Antidumping Act, 1921

(section 160(a) of this title), as to whether an industry in the

United States is being, or is likely to be injured, or is prevented

from being established, it shall terminate any such investigation

and initiate an investigation, under subtitle A or B of title VII

of the Tariff Act of 1930 (part I or II of this subtitle), which

shall be completed within 75 days, and -

''(1) treat any final determination of the Secretary of the

Treasury under section 303 (section 1303 of this title) as a

final determination under section 705(a) of the Tariff Act of

1930 (section 1671d(a) of this title) and consider the net amount

of the bounty or grant estimated or determined under section 303

(section 1303 of this title) as the net subsidy amount under

subtitle A of that title (part I of this subtitle); and

''(2) treat any final determination of the Secretary of the

Treasury under the Antidumping Act, 1921 (sections 160 to 171 of

this title), as a final determination under section 735(a) of the

Tariff Act of 1930 (section 1673d(a) of this title).''

TRANSITION RULES FOR COUNTERVAILING DUTY ORDERS

Section 104 of Pub. L. 96-39, as amended by Pub. L. 98-573, title

VI, Sec. 611(c), Oct. 30, 1984, 98 Stat. 3033, provided that:

''(a) Waived Countervailing Duty Orders. -

''(1) Notification of commission. - The administering authority

shall notify the United States International Trade Commission by

January 7, 1980, of any countervailing duty order in effect on

January 1, 1980 -

''(A)(i) for which the Secretary of the Treasury has waived

the imposition of countervailing duties under section 303(d) of

the Tariff Act of 1930 (19 U.S.C. 1303(d)), and

''(ii) which applies to merchandise other than quota cheese

(as defined in section 701(c)(1) of this Act) (subsec. (c)(1)

of this section), which is a product of a country under the

Agreement,

''(B) published on or after the date of the enactment of this

Act (July 26, 1979), and before January 1, 1980, with respect

to products of a country under the Agreement (as defined in

section 701(b) of the Tariff Act of 1930) (subsec. (b) of this

section), or

''(C) applicable to frozen, boneless beef from the European

Communities under Treasury Decision 76-109,

and shall furnish to the Commission the most current information

it has with respect to the net subsidy benefitting the

merchandise subject to the countervailing duty order.

''(2) Determination by the commission. - Within 180 days after

the date on which it receives the information from the

administering authority under paragraph (1), the Commission shall

make a determination of whether -

''(A) an industry in the United States -

''(i) is materially injured, or

''(ii) is threatened with material injury, or

''(B) the establishment of an industry in the United States

is materially retarded,

by reason of imports of the merchandise subject to the order.

''(3) Effect of determination. -

''(A) Affirmative determination. - Upon being notified by the

Commission of an affirmative determination under paragraph (2),

the administering authority shall terminate the waiver of

imposition of countervailing duties for merchandise subject to

the order, if any. The countervailing duty order under section

303 of the Tariff Act of 1930 (section 1303 of this title)

which applies to that merchandise shall remain in effect until

revoked, in whole or in part, under section 751(d) of such Act

(section 1675(d) of this title).

''(B) Negative determination. - Upon being notified by the

Commission of a negative determination under paragraph (2), the

administering authority shall revoke the countervailing duty

order, and publish notice in the Federal Register of the

revocation.

''(b) Other Countervailing Duty Orders. -

''(1) Review by commission upon request. - In the case of a

countervailing duty order issued under section 303 of the Tariff

Act of 1930 (19 U.S.C. 1303) -

''(A) which is not a countervailing duty order to which

subsection (a) applies,

''(B) which applies to merchandise which is the product of a

country under the Agreement, and

''(C) which is in effect on January 1, 1980, or which is

issued pursuant to court order in an action brought under

section 516(d) of that Act (section 1516(d) of this title)

before that date,

the Commission, upon the request of the government of such a

country or of exporters accounting for a significant proportion

of exports to the United States of merchandise which is covered

by the order, submitted within 3 years after the effective date

of title VII of the Tariff Act of 1930 (see Effective Date note

set out above) shall make a determination under paragraph (2) of

this subsection.

''(2) Determination by the commission. - In a case described in

paragraph (1) with respect to which it has received a request for

review, the Commission shall commence an investigation to

determine whether -

''(A) an industry in the United States -

''(i) would be materially injured, or

''(ii) would be threatened with material injury, or

''(B) the establishment of an industry in the United States

would be materially retarded,

by reason of imports of the merchandise covered by the

countervailing duty order if the order were to be revoked. A

negative determination by the Commission under this paragraph

shall not be based, in whole or in part, on any export taxes,

duties, or other charges levied on the export of merchandise to

the United States specifically intended to offset the subsidy

received.

''(3) Suspension of liquidation; investigation time limits. -

Whenever the Commission receives a request under paragraph (1),

it shall promptly notify the administering authority and the

administering authority shall suspend liquidation of entries of

the affected merchandise made on or after the date of receipt of

the Commission's notification, or in the case of butter from

Australia, entries of merchandise subject to the assessment of

countervailing duties under Treasury Decision 42937, as amended,

and collect estimated countervailing duties pending the

determination of the Commission. The Commission shall issue its

determination in any investigation under this subsection not

later than 3 years after the date of commencement of such

investigation.

''(4) Effect of determination. -

''(A) Affirmative determination. - Upon being notified of an

affirmative determination under paragraph (2) by the

Commission, the administering authority shall liquidate entries

of merchandise the liquidation of which was suspended under

paragraph (3) of this subsection and impose countervailing

duties in the amount of the estimated duties required to be

deposited. The countervailing duty order shall remain in

effect until revoked, in whole or in part, under section 751(c)

of the Tariff Act of 1930 (section 1675(c) of this title).

''(B) Negative determination. - Upon being notified of a

negative determination under paragraph (2) by the Commission,

the administering authority shall revoke the countervailing

duty order then in effect, publish notice thereof in the

Federal Register, and refund, without payment of interest, any

estimated countervailing duties collected during the period of

suspension of liquidation.

''(c) All Outstanding Countervailing Duty Orders. - Subject to

the provisions of subsections (a) and (b), any countervailing duty

order issued under section 303 of the Tariff Act of 1930 (section

1303 of this title) which is -

''(1) in effect on the effective date of title VII of the

Tariff Act of 1930 (see Effective Date note set out above) (as

added by section 101 of this Act), or

''(2) issued pursuant to court order in a proceeding brought

before that date under section 516(d) of the Tariff Act of 1930

(section 1516(d) of this title),

shall remain in effect after that date and shall be subject to

review under section 751 of the Tariff Act of 1930 (section 1675 of

this title).

''(d) Publication of Notice of Determinations. - Whenever the

Commission makes a determination under subsection (a) or (b), it

shall publish notice of that determination in the Federal Register

and notify the administering authority of its determination.

''(e) Definitions. - Whenever any term which is defined in

section 771 of the Tariff Act of 1930 (section 1677 of this title)

is used in this section, it has the same meaning as when it is used

in title VII of that Act (this subtitle).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1315, 1337, 1671a, 1671e,

1675b, 1677 of this title.

-CITE-

19 USC Sec. 1671a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part I - Imposition of Countervailing Duties

-HEAD-

Sec. 1671a. Procedures for initiating a countervailing duty

investigation

-STATUTE-

(a) Initiation by administering authority

A countervailing duty investigation shall be initiated whenever

the administering authority determines, from information available

to it, that a formal investigation is warranted into the question

of whether the elements necessary for the imposition of a duty

under section 1671(a) of this title exist.

(b) Initiation by petition

(1) Petition requirements

A countervailing duty proceeding shall be initiated whenever an

interested party described in subparagraph (C), (D), (E), (F), or

(G) of section 1677(9) of this title files a petition with the

administering authority, on behalf of an industry, which alleges

the elements necessary for the imposition of the duty imposed by

section 1671(a) of this title, and which is accompanied by

information reasonably available to the petitioner supporting

those allegations. The petition may be amended at such time, and

upon such conditions, as the administering authority and the

Commission may permit.

(2) Simultaneous filing with Commission

The petitioner shall file a copy of the petition with the

Commission on the same day as it is filed with the administering

authority.

(3) Petition based upon a derogation of an international

undertaking on official export credits

If the sole basis of a petition filed under paragraph (1) is

the derogation of an international undertaking on official export

credits, the Administering Authority shall immediately notify the

Secretary of the Treasury who shall, in consultation with the

Administering Authority, within 5 days after the date on which

the administering authority initiates an investigation under

subsection (c) of this section, determine the existence and

estimated value of the derogation, if any, and shall publish such

determination in the Federal Register.

(4) Action with respect to petitions

(A) Notification of governments

Upon receipt of a petition filed under paragraph (1), the

administering authority shall -

(i) notify the government of any exporting country named in

the petition by delivering a public version of the petition

to an appropriate representative of such country; and

(ii) provide the government of any exporting country named

in the petition that is a Subsidies Agreement country an

opportunity for consultations with respect to the petition.

(B) Acceptance of communications

The administering authority shall not accept any unsolicited

oral or written communication from any person other than an

interested party described in section 1677(9)(C), (D), (E),

(F), or (G) of this title before the administering authority

makes its decision whether to initiate an investigation, except

as provided in subparagraph (A)(ii) and subsection (c)(4)(D) of

this section, and except for inquiries regarding the status of

the administering authority's consideration of the petition.

(C) Nondisclosure of certain information

The administering authority and the Commission shall not

disclose information with regard to any draft petition

submitted for review and comment before it is filed under

paragraph (1).

(c) Petition determination

(1) In general

(A) Time for initial determination

Except as provided in subparagraph (B), within 20 days after

the date on which a petition is filed under subsection (b) of

this section, the administering authority shall -

(i) after examining, on the basis of sources readily

available to the administering authority, the accuracy and

adequacy of the evidence provided in the petition, determine

whether the petition alleges the elements necessary for the

imposition of a duty under section 1671(a) of this title and

contains information reasonably available to the petitioner

supporting the allegations, and

(ii) determine if the petition has been filed by or on

behalf of the industry.

(B) Extension of time

In any case in which the administering authority is required

to poll or otherwise determine support for the petition by the

industry under paragraph (4)(D), the administering authority

may, in exceptional circumstances, apply subparagraph (A) by

substituting ''a maximum of 40 days'' for ''20 days''.

(C) Time limits where petition involves same merchandise as an

order that has been revoked

If a petition is filed under this section with respect to

merchandise that was the subject merchandise of -

(i) a countervailing duty order that was revoked under

section 1675(d) of this title in the 24 months preceding the

date the petition is filed, or

(ii) a suspended investigation that was terminated under

section 1675(d) of this title in the 24 months preceding the

date the petition is filed,

the administering authority and the Commission shall, to the

maximum extent practicable, expedite any investigation

initiated under this section with respect to the petition.

(2) Affirmative determinations

If the determinations under clauses (i) and (ii) of paragraph

(1)(A) are affirmative, the administering authority shall

initiate an investigation to determine whether a countervailable

subsidy is being provided with respect to the subject

merchandise.

(3) Negative determinations

If the determination under clause (i) or (ii) of paragraph

(1)(A) is negative, the administering authority shall dismiss the

petition, terminate the proceeding, and notify the petitioner in

writing of the reasons for the determination.

(4) Determination of industry support

(A) General rule

For purposes of this subsection, the administering authority

shall determine that the petition has been filed by or on

behalf of the industry, if -

(i) the domestic producers or workers who support the

petition account for at least 25 percent of the total

production of the domestic like product, and

(ii) the domestic producers or workers who support the

petition account for more than 50 percent of the production

of the domestic like product produced by that portion of the

industry expressing support for or opposition to the

petition.

(B) Certain positions disregarded

(i) Producers related to foreign producers

In determining industry support under subparagraph (A), the

administering authority shall disregard the position of

domestic producers who oppose the petition, if such producers

are related to foreign producers, as defined in section

1677(4)(B)(ii) of this title, unless such domestic producers

demonstrate that their interests as domestic producers would

be adversely affected by the imposition of a countervailing

duty order.

(ii) Producers who are importers

The administering authority may disregard the position of

domestic producers of a domestic like product who are

importers of the subject merchandise.

(C) Special rule for regional industries

If the petition alleges that the industry is a regional

industry, the administering authority shall determine whether

the petition has been filed by or on behalf of the industry by

applying subparagraph (A) on the basis of production in the

region.

(D) Polling the industry

If the petition does not establish support of domestic

producers or workers accounting for more than 50 percent of the

total production of the domestic like product, the

administering authority shall -

(i) poll the industry or rely on other information in order

to determine if there is support for the petition as required

by subparagraph (A), or

(ii) if there is a large number of producers in the

industry, the administering authority may determine industry

support for the petition by using any statistically valid

sampling method to poll the industry.

(E) Comments by interested parties

Before the administering authority makes a determination with

respect to initiating an investigation, any person who would

qualify as an interested party under section 1677(9) of this

title if an investigation were initiated, may submit comments

or information on the issue of industry support. After the

administering authority makes a determination with respect to

initiating an investigation, the determination regarding

industry support shall not be reconsidered.

(5) ''Domestic producers or workers'' defined

For purposes of this subsection, the term ''domestic producers

or workers'' means those interested parties who are eligible to

file a petition under subsection (b)(1) of this section.

(d) Notification to Commission of determination

The administering authority shall -

(1) notify the Commission immediately of any determination it

makes under subsection (a) or (c) of this section, and

(2) if the determination is affirmative, make available to the

Commission such information as it may have relating to the matter

under investigation, under such procedures as the administering

authority and the Commission may establish to prevent disclosure,

other than with the consent of the party providing it or under

protective order, of any information to which confidential

treatment has been given by the administering authority.

(e) Information regarding critical circumstances

If, at any time after the initiation of an investigation under

this part, the administering authority finds a reasonable basis to

suspect that the alleged countervailable subsidy is inconsistent

with the Subsidies Agreement, the administering authority may

request the Commissioner of Customs to compile information on an

expedited basis regarding entries of the subject merchandise. Upon

receiving such request, the Commissioner of Customs shall collect

information regarding the volume and value of entries of the

subject merchandise and shall transmit such information to the

administering authority at such times as the administering

authority shall direct (at least once every 30 days), until a final

determination is made under section 1671d(a) of this title, the

investigation is terminated, or the administering authority

withdraws the request.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 702, as added Pub. L.

96-39, title I, Sec. 101, July 26, 1979, 93 Stat. 151; amended Pub.

L. 98-181, title VI, Sec. 650(a), Nov. 30, 1983, 97 Stat. 1266;

Pub. L. 99-514, title XVIII, Sec. 1886(a)(2), Oct. 22, 1986, 100

Stat. 2921; Pub. L. 100-418, title I, Sec. 1324(a)(1), 1326(d)(1),

Aug. 23, 1988, 102 Stat. 1199, 1204; Pub. L. 103-465, title II,

Sec. 211(a), 212(a)(1), (b)(1)(E), 233(a)(5)(B), (6)(A)(i), (ii),

270(a)(1)(A), (d), Dec. 8, 1994, 108 Stat. 4842, 4843, 4848, 4899,

4901, 4917, 4918; Pub. L. 104-295, Sec. 20(b)(3), Oct. 11, 1996,

110 Stat. 3527.)

-MISC1-

AMENDMENTS

1996 - Subsec. (c)(5). Pub. L. 104-295 substituted ''(b)(1)'' for

''(b)(1)(A)''.

1994 - Subsecs. (a), (b)(1). Pub. L. 103-465, Sec.

233(a)(6)(A)(i), (ii), substituted ''initiated'' for ''commenced''.

Subsec. (b)(3). Pub. L. 103-465, Sec. 211(a)(1), 212(b)(1)(E),

substituted ''paragraph (1)'' for ''subsection (b)(1) of this

section'' and ''5 days after the date on which the administering

authority initiates an investigation under subsection (c) of this

section,'' for ''twenty days''.

Subsec. (b)(4). Pub. L. 103-465, Sec. 211(a)(2), added par. (4).

Subsec. (c). Pub. L. 103-465, Sec. 212(a)(1), amended heading and

text of subsec. (c) generally. Prior to amendment, text read as

follows: ''Within 20 days after the date on which a petition is

filed under subsection (b) of this section, the administering

authority shall -

''(1) determine whether the petition alleges the elements

necessary for the imposition of a duty under section 1671(a) of

this title and contains information reasonably available to the

petitioner supporting the allegations,

''(2) if the determination is affirmative, commence an

investigation to determine whether a subsidy is being provided

with respect to the class or kind of merchandise described in the

petition, and provide for the publication of notice of the

determination to commence an investigation in the Federal

Register, and

''(3) if the determination is negative, dismiss the petition,

terminate the proceeding, notify the petitioner in writing of the

reasons for the determination, and provide for the publication of

notice of the determination in the Federal Register.''

Subsec. (e). Pub. L. 103-465, Sec. 270(a)(1)(A), (d), substituted

''countervailable subsidy'' for ''subsidy'' and ''Subsidies

Agreement'' for ''Agreement''.

Pub. L. 103-465, Sec. 233(a)(5)(B), substituted ''subject

merchandise'' for ''class or kind of merchandise that is the

subject of the investigation'' in two places.

1988 - Subsec. (b)(1). Pub. L. 100-418, Sec. 1326(d)(1),

substituted ''(F), or (G)'' for ''or (F)''.

Subsec. (e). Pub. L. 100-418, Sec. 1324(a)(1), added subsec. (e).

1986 - Subsec. (b)(1). Pub. L. 99-514 inserted reference to

subpar. (F) of section 1677(9) of this title.

1983 - Subsec. (b)(3). Pub. L. 98-181 added par. (3).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date on which the WTO Agreement enters into force

with respect to the United States (Jan. 1, 1995), and applicable

with respect to investigations, reviews, and inquiries initiated

and petitions filed under specified provisions of this chapter

after such date, see section 291 of Pub. L. 103-465, set out as a

note under section 1671 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 1324(a)(1) of Pub. L. 100-418 applicable

with respect to investigations initiated after Aug. 23, 1988, and

amendment by section 1326(d)(1) of Pub. L. 100-418 applicable with

respect to investigations initiated after Aug. 23, 1988, and to

reviews initiated under section 1673e(c) or 1675 of this title

after Aug. 23, 1988, see section 1337(b), (c) of Pub. L. 100-418,

set out as a note under section 1671 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

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

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

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

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

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

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

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

-MISC5-

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

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

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

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

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

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

section 401 of Title 26, Internal Revenue Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1516a, 1671b, 1671c,

1677, 1677f, 1677i, 3437 of this title.

-CITE-

19 USC Sec. 1671b 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part I - Imposition of Countervailing Duties

-HEAD-

Sec. 1671b. Preliminary determinations

-STATUTE-

(a) Determination by Commission of reasonable indication of injury

(1) General rule

Except in the case of a petition dismissed by the administering

authority under section 1671a(c)(3) of this title, the

Commission, within the time specified in paragraph (2), shall

determine, based on the information available to it at the time

of the determination, whether there is a reasonable indication

that -

(A) an industry in the United States -

(i) is materially injured, or

(ii) is threatened with material injury, or

(B) the establishment of an industry in the United States is

materially retarded,

by reason of imports of the subject merchandise and that imports

of the subject merchandise are not negligible. If the Commission

finds that imports of the subject merchandise are negligible or

otherwise makes a negative determination under this paragraph,

the investigation shall be terminated.

(2) Time for Commission determination

The Commission shall make the determination described in

paragraph (1) -

(A) in the case of a petition filed under section 1671a(b) of

this title -

(i) within 45 days after the date on which the petition is

filed, or

(ii) if the time has been extended pursuant to section

1671a(c)(1)(B) of this title, within 25 days after the date

on which the Commission receives notice from the

administering authority of initiation of the investigation,

and

(B) in the case of an investigation initiated under section

1671a(a) of this title, within 45 days after the date on which

the Commission receives notice from the administering authority

that an investigation has been initiated under such section.

(b) Preliminary determination by administering authority; expedited

determinations; waiver of verification

(1) Within 65 days after the date on which the administering

authority initiates an investigation under section 1671a(c) of this

title, or an investigation is initiated under section 1671a(a) of

this title, but not before an affirmative determination by the

Commission under subsection (a) of this section, the administering

authority shall make a determination, based upon the information

available to it at the time of the determination, of whether there

is a reasonable basis to believe or suspect that a countervailable

subsidy is being provided with respect to the subject merchandise.

(2) Notwithstanding paragraph (1), when the petition is one

subject to section 1671a(b)(3) of this title, the Administering

Authority shall, taking into account the nature of the

countervailable subsidy concerned, make the determination required

by paragraph (1) on an expedited basis and within 65 days after the

date on which the administering authority initiates an

investigation under section 1671a(c) of this title unless the

provisions of subsection (c) of this section apply.

(3) Within 55 days after the initiation of an investigation the

administering authority shall cause an official designated for such

purpose to review the information concerning the case received

during the first 50 days of the investigation, and, if there

appears to be sufficient information available upon which the

determination can reasonably be based, to disclose to the

petitioner and any interested party, then a party to the

proceedings that requests such disclosure, all available

nonconfidential information and all other information which is

disclosed pursuant to section 1677f of this title. Within 3 days

(not counting Saturdays, Sundays, or legal public holidays) after

such disclosure, the petitioner and each party which is an

interested party described in subparagraph (C), (D), (E), (F), or

(G) of section 1677(9) of this title to whom such disclosure was

made may furnish to the administering authority an irrevocable

written waiver of verification of the information received by the

authority, and an agreement that it is willing to have a

determination made on the basis of the record then available to the

authority. If a timely waiver and agreement have been received

from the petitioner and each party which is an interested party

described in subparagraph (C), (D), (E), (F), or (G) of section

1677(9) of this title to whom the disclosure was made, and the

authority finds that sufficient information is then available upon

which the preliminary determination can reasonably be based, a

preliminary determination shall be made on an expedited basis on

the basis of the record established during the first 50 days after

the investigation was initiated.

(4) De minimis countervailable subsidy. -

(A) General rule. - In making a determination under this

subsection, the administering authority shall disregard any de

minimis countervailable subsidy. For purposes of the preceding

sentence, a countervailable subsidy is de minimis if the

administering authority determines that the aggregate of the net

countervailable subsidies is less than 1 percent ad valorem or

the equivalent specific rate for the subject merchandise.

(B) Exception for developing countries. - In the case of

subject merchandise imported from a Subsidies Agreement country

(other than a country to which subparagraph (C) applies)

designated by the Trade Representative as a developing country in

accordance with section 1677(36) of this title, a countervailable

subsidy is de minimis if the administering authority determines

that the aggregate of the net countervailable subsidies does not

exceed 2 percent ad valorem or the equivalent specific rate for

the subject merchandise.

(C) Certain other developing countries. - In the case of

subject merchandise imported from a Subsidies Agreement country

that is -

(i) a least developed country, as determined by the Trade

Representative in accordance with section 1677(36) of this

title, or

(ii) a developing country with respect to which the Trade

Representative has notified the administering authority that

the country has eliminated its export subsidies on an expedited

basis within the meaning of Article 27.11 of the Subsidies

Agreement,

subparagraph (B) shall be applied by substituting ''3 percent''

for ''2 percent''.

(D) Limitations on application of subparagraph (C). -

(i) In general. - In the case of a country described in

subparagraph (C)(i), the provisions of subparagraph (C) shall

not apply after the date that is 8 years after the date the WTO

Agreement enters into force.

(ii) Special rule for subparagraph (C)(ii) countries. - In

the case of a country described in subparagraph (C)(ii), the

provisions of subparagraph (C) shall not apply after the

earlier of -

(I) the date that is 8 years after the date the WTO

Agreement enters into force, or

(II) the date on which the Trade Representative notifies

the administering authority that such country is providing an

export subsidy.

(5) Notification of article 8 violation. - If the only subsidy

under investigation is a subsidy with respect to which the

administering authority received notice from the Trade

Representative of a violation of Article 8 of the Subsidies

Agreement, paragraph (1) shall be applied by substituting ''60

days'' for ''65 days''.

(c) Extension of period in extraordinarily complicated cases

(1) In general

If -

(A) the petitioner makes a timely request for an extension of

the period within which the determination must be made under

subsection (b) of this section, or

(B) the administering authority concludes that the parties

concerned are cooperating and determines that -

(i) the case is extraordinarily complicated by reason of -

(I) the number and complexity of the alleged

countervailable subsidy practices;

(II) the novelty of the issues presented;

(III) the need to determine the extent to which

particular countervailable subsidies are used by individual

manufacturers, producers, and exporters; or

(IV) the number of firms whose activities must be

investigated; and

(ii) additional time is necessary to make the preliminary

determination,

then the administering authority may postpone making the

preliminary determination under subsection (b) of this section

until not later than the 130th day after the date on which the

administering authority initiates an investigation under section

1671a(c) of this title, or an investigation is initiated under

section 1671a(a) of this title.

(2) Notice of postponement

The administering authority shall notify the parties to the

investigation, not later than 20 days before the date on which

the preliminary determination would otherwise be required under

subsection (b) of this section, if it intends to postpone making

the preliminary determination under paragraph (1). The

notification shall include an explanation of the reasons for the

postponement. Notice of the postponement shall be published in

the Federal Register.

(d) Effect of determination by the administering authority

If the preliminary determination of the administering authority

under subsection (b) of this section is affirmative, the

administering authority -

(1)(A) shall -

(i) determine an estimated individual countervailable subsidy

rate for each exporter and producer individually investigated,

and, in accordance with section 1671d(c)(5) of this title, an

estimated all-others rate for all exporters and producers not

individually investigated and for new exporters and producers

within the meaning of section 1675(a)(2)(B) of this title, or

(ii) if section 1677f-1(e)(2)(B) of this title applies,

determine a single estimated country-wide subsidy rate,

applicable to all exporters and producers, and

(B) shall order the posting of a cash deposit, bond, or other

security, as the administering authority deems appropriate, for

each entry of the subject merchandise in an amount based on the

estimated individual countervailable subsidy rate, the estimated

all-others rate, or the estimated country-wide subsidy rate,

whichever is applicable,

(2) shall order the suspension of liquidation of all entries of

merchandise subject to the determination which are entered, or

withdrawn from warehouse, for consumption on or after the later

of -

(A) the date on which notice of the determination is

published in the Federal Register, or

(B) the date that is 60 days after the date on which notice

of the determination to initiate the investigation is published

in the Federal Register, and

(3) shall make available to the Commission all information upon

which its determination was based and which the Commission

considers relevant to its injury determination, under such

procedures as the administering authority and the Commission may

establish to prevent disclosure, other than with the consent of

the party providing it or under protective order, of any

information to which confidential treatment has been given by the

administering authority.

The instructions of the administering authority under paragraphs

(1) and (2) may not remain in effect for more than 4 months.

(e) Critical circumstances determinations

(1) In general

If a petitioner alleges critical circumstances in its original

petition, or by amendment at any time more than 20 days before

the date of a final determination by the administering authority,

then the administering authority shall promptly (at any time

after the initiation of the investigation under this part)

determine, on the basis of the information available to it at

that time, whether there is a reasonable basis to believe or

suspect that -

(A) the alleged countervailable subsidy is inconsistent with

the Subsidies Agreement, and

(B) there have been massive imports of the subject

merchandise over a relatively short period.

(2) Suspension of liquidation

If the determination of the administering authority under

paragraph (1) is affirmative, then any suspension of liquidation

ordered under subsection (d)(2) of this section shall apply, or,

if notice of such suspension of liquidation is already published,

be amended to apply, to unliquidated entries of merchandise

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

the later of -

(A) the date which is 90 days before the date on which the

suspension of liquidation was first ordered, or

(B) the date on which notice of the determination to initiate

the investigation is published in the Federal Register.

(f) Notice of determination

Whenever the Commission or the administering authority makes a

determination under this section, the Commission or the

administering authority, as the case may be, shall notify the

petitioner, and other parties to the investigation, and the

Commission or the administering authority (whichever is

appropriate) of its determination. The administering authority

shall include with such notification the facts and conclusions on

which its determination is based. Not later than 5 days after the

date on which the determination is required to be made under

subsection (a)(2) of this section, the Commission shall transmit to

the administering authority the facts and conclusions on which its

determination is based.

(g) Time period where upstream subsidization is involved

(1) In general

Whenever the administering authority concludes prior to a

preliminary determination under subsection (b) of this section,

that there is a reasonable basis to believe or suspect that an

upstream subsidy is being bestowed, the time period within which

a preliminary determination must be made shall be extended to 250

days after the filing of a petition under section 1671a(b) of

this title or initiation of an investigation under section

1671a(a) of this title (310 days in cases declared

extraordinarily complicated under subsection (c) of this

section), if the administering authority concludes that such

additional time is necessary to make the required determination

concerning upstream subsidization.

(2) Exceptions

Whenever the administering authority concludes, after a

preliminary determination under subsection (b) of this section,

that there is a reasonable basis to believe or suspect that an

upstream subsidy is being bestowed -

(A) in cases in which the preliminary determination was

negative, the time period within which a final determination

must be made shall be extended to 165 or 225 days, as

appropriate, under section 1671d(a)(1) of this title; or

(B) in cases in which the preliminary determination is

affirmative, the determination concerning upstream

subsidization -

(i) need not be made until the conclusion of the first

annual review under section 1675 of this title of any

eventual Countervailing Duty Order, or, at the option of the

petitioner, or

(ii) will be made in the investigation and the time period

within which a final determination must be made shall be

extended to 165 or 225 days, as appropriate, under section

1671d(a)(1) of this title, as appropriate, (FOOTNOTE 1)

except that the suspension of liquidation ordered in the

preliminary determination shall terminate at the end of 120

days from the date of publication of that determination and

not be resumed unless and until the publication of a

Countervailing Duty Order under section 1671e(a) of this

title.

(FOOTNOTE 1) So in original. The words ''as appropriate,''

probably should not appear.

There may be an extension of time for the making of a final

determination under this subsection only if the administering

authority determines that such additional time is necessary to

make the required determination concerning upstream

subsidization.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 703, as added Pub. L.

96-39, title I, Sec. 101, July 26, 1979, 93 Stat. 152; amended Pub.

L. 98-181, title VI, Sec. 650(b), Nov. 30, 1983, 97 Stat. 1266;

Pub. L. 98-573, title VI, Sec. 603, 613(c), Oct. 30, 1984, 98 Stat.

3024, 3036; Pub. L. 99-514, title XVIII, Sec. 1886(a)(3), Oct. 22,

1986, 100 Stat. 2921; Pub. L. 100-418, title I, Sec. 1324(a)(2),

1326(d)(1), Aug. 23, 1988, 102 Stat. 1200, 1204; Pub. L. 103-465,

title II, Sec. 212(b)(1)(A), (C), (D), (F), 214(a)(1), 215(a),

233(a)(5)(C), (6)(A)(iii), (iv), (B), 263(a), 264(a), (c)(1), (2),

270(a)(1)(B)-(D), (b)(1)(B), 283(a), Dec. 8, 1994, 108 Stat. 4847,

4848, 4850, 4852, 4899, 4901, 4911, 4912, 4914, 4917, 4930; Pub. L.

104-295, Sec. 20(b)(5), Oct. 11, 1996, 110 Stat. 3527.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b)(1). Pub. L. 104-295 amended Pub. L. 103-465,

Sec. 212(b)(1)(C)(i)(I). See 1994 Amendment note below.

1994 - Subsec. (a). Pub. L. 103-465, Sec. 212(b)(1)(A), amended

heading and text of subsec. (a) generally. Prior to amendment,

text read as follows: ''Except in the case of a petition dismissed

by the administering authority under section 1671a(c)(3) of this

title, the Commission, within 45 days after the date on which a

petition is filed under section 1671a(b) of this title or on which

it receives notice from the administering authority of an

investigation commenced under section 1671a(a) of this title, shall

make a determination, based upon the best information available to

it at the time of the determination, of whether there is a

reasonable indication that -

''(1) an industry in the United States -

''(A) is materially injured, or

''(B) is threatened with material injury, or

''(2) the establishment of an industry in the United States is

materially retarded,

by reason of imports of the merchandise which is the subject of the

investigation by the administering authority. If that

determination is negative, the investigation shall be terminated.''

Subsec. (b)(1). Pub. L. 103-465, Sec. 270(a)(1)(B), substituted

''countervailable subsidy'' for ''subsidy''.

Pub. L. 103-465, Sec. 233(a)(5)(B), (6)(A)(iii), substituted

''initiated'' for ''commenced'' and ''subject merchandise'' for

''merchandise which is the subject of the investigation''.

Pub. L. 103-465, Sec. 212(b)(1)(C)(i)(II), (III), substituted

''based upon the information'' for ''based upon the best

information'' and struck out at end ''If the determination of the

administering authority under this subsection is affirmative, the

determination shall include an estimate of the net subsidy.''

Pub. L. 103-465, Sec. 212(b)(1)(C)(i)(I), as amended by Pub. L.

104-295, substituted ''65 days after the date on which the

administering authority initiates an investigation under section

1671a(c) of this title'' for ''85 days after the date on which a

petition is filed under section 1671a(b) of this title''.

Subsec. (b)(2). Pub. L. 103-465, Sec. 270(a)(1)(C), substituted

''countervailable subsidy'' for ''subsidy''.

Pub. L. 103-465, Sec. 264(c)(1), substituted ''paragraph (1)''

for ''subsection (b)(1) of this section'' in two places and made

technical amendments to references to section 1671a(b)(3) of this

title and subsection (c) of this section to correct references to

corresponding provisions of original act.

Pub. L. 103-465, Sec. 212(b)(1)(C)(ii), substituted ''65 days

after the date on which the administering authority initiates an

investigation under section 1671a(c) of this title'' for ''85 days

after the date on which the petition is filed under section

1671a(b) of this title''.

Subsec. (b)(4). Pub. L. 103-465, Sec. 263(a), added par. (4).

Subsec. (b)(5). Pub. L. 103-465, Sec. 283(a), added par. (5).

Subsec. (c)(1). Pub. L. 103-465, Sec. 212(b)(1)(D),

233(a)(6)(A)(iv), in concluding provisions, substituted ''130th day

after the date on which the administering authority initiates an

investigation under section 1671a(c) of this title'' for ''150th

day after the date on which a petition is filed under section

1671a(b) of this title'' and ''initiated'' for ''commenced''.

Subsec. (c)(1)(B)(i). Pub. L. 103-465, Sec. 270(a)(1)(D),

(b)(1)(B), substituted ''countervailable subsidy'' for ''subsidy''

in subcl. (I) and ''countervailable subsidies'' for ''subsidies''

in subcl. (III).

Subsec. (d). Pub. L. 103-465, Sec. 215(a)(1)(B), inserted

concluding provisions.

Subsec. (d)(1). Pub. L. 103-465, Sec. 264(a)(4), added par. (1).

Former par. (1) redesignated (2).

Pub. L. 103-465, Sec. 215(a)(1)(A), substituted ''warehouse, for

consumption on or after the later of - '' and subpars. (A) and (B),

for ''warehouse, for consumption on or after the date of

publication of the notice of the determination in the Federal

Register,''.

Subsec. (d)(2). Pub. L. 103-465, Sec. 264(a)(1)-(3), redesignated

par. (1) as (2), inserted ''and'' at end, and struck out former

par. (2) which read as follows: ''shall order the posting of a cash

deposit, bond, or other security, as it deems appropriate, for each

entry of the merchandise concerned equal to the estimated amount of

the net subsidy, and''.

Subsec. (e)(1). Pub. L. 103-465, Sec. 214(a)(1), in introductory

provisions, struck out ''best'' before ''information'' and amended

subpars. (A) and (B) generally. Prior to amendment, subpars. (A)

and (B) read as follows:

''(A) the alleged subsidy is inconsistent with the Agreement, and

''(B) there have been massive imports of the class or kind of

merchandise which is the subject of the investigation over a

relatively short period.''

Subsec. (e)(2). Pub. L. 103-465, Sec. 215(a)(2), 264(c)(2),

substituted ''subsection (d)(2)'' for ''subsection (d)(1)'' and

''warehouse, for consumption on or after the later of - '' and

subpars. (A) and (B) for ''warehouse, for consumption on or after

the date which is 90 days before the date on which suspension of

liquidation was first ordered.''

Subsec. (f). Pub. L. 103-465, Sec. 212(b)(1)(F), amended heading

and text of subsec. (f) generally. Prior to amendment, text read

as follows: ''Whenever the Commission or the administering

authority makes a determination under this section, it shall notify

the petitioner, other parties to the investigation, and the other

agency of its determination and of the facts and conclusions of law

upon which the determination is based, and it shall publish notice

of its determination in the Federal Register.''

Subsec. (g)(1). Pub. L. 103-465, Sec. 233(a)(6)(B), substituted

''initiation'' for ''commencement''.

1988 - Subsec. (b)(3). Pub. L. 100-418, Sec. 1326(d)(1),

substituted ''(F), or (G)'' for ''or (F)'' in two places.

Subsec. (e)(1). Pub. L. 100-418, Sec. 1324(a)(2), inserted ''(at

any time after the initiation of the investigation under this

part)'' after ''promptly'' in introductory provisions.

1986 - Subsecs. (g), (h). Pub. L. 99-514 redesignated subsec. (h)

as (g) and substituted ''or 225 days, as appropriate, under section

1671d(a)(1) of this title'' for ''days under section 1671d(a)(1) of

this title or 225 days under section 1671d(a)(2) of this title, as

appropriate'' in par. (2)(A), and ''or 225 days, as appropriate,

under section 1671d(a)(1) of this title'' for ''days under section

1671d(a)(2) of this title'' in par. (2)(B)(ii).

1984 - Subsec. (b)(3). Pub. L. 98-573, Sec. 603, added par. (3).

Subsec. (h). Pub. L. 98-573, Sec. 613(c), added subsec. (h).

1983 - Subsec. (b). Pub. L. 98-181 designated existing provisions

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

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date on which the WTO Agreement enters into force

with respect to the United States (Jan. 1, 1995), and applicable

with respect to investigations, reviews, and inquiries initiated

and petitions filed under specified provisions of this chapter

after such date, see section 291 of Pub. L. 103-465, set out as a

note under section 1671 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 1324(a)(2) of Pub. L. 100-418 applicable

with respect to investigations initiated after Aug. 23, 1988, and

amendment by section 1326(d)(1) of Pub. L. 100-418 applicable with

respect to investigations initiated after Aug. 23, 1988, and to

reviews initiated under section 1673e(c) or 1675 of this title

after Aug. 23, 1988, see section 1337(b), (c) of Pub. L. 100-418,

set out as a note under section 1671 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective Oct. 30, 1984, see section

626(a) of Pub. L. 98-573, set out as a note under section 1671 of

this title.

URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE

The Uruguay Round Agreements, including the World Trade

Organization Agreement and agreements annexed to that Agreement, as

referred to in section 3511(d) of this title, entered into force

with respect to the United States on Jan. 1, 1995. See note set out

under section 3511 of this title.

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

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

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

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

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

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

section 401 of Title 26, Internal Revenue Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1516a, 1671, 1671c,

1671d, 1671e, 1671f, 1671g, 1673d, 1677, 1677f, 1677f-1, 1677i,

1677m of this title.

-CITE-

19 USC Sec. 1671c 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part I - Imposition of Countervailing Duties

-HEAD-

Sec. 1671c. Termination or suspension of investigation

-STATUTE-

(a) Termination of investigation upon withdrawal of petition

(1) In general

(A) Withdrawal of petition

Except as provided in paragraphs (2) and (3), an

investigation under this part may be terminated by either the

administering authority or the Commission, after notice to all

parties to the investigation, upon withdrawal of the petition

by the petitioner or by the administering authority if the

investigation was initiated under section 1671a(a) of this

title.

(B) Refiling of petition

If, within 3 months after the withdrawal of a petition under

subparagraph (A), a new petition is filed seeking the

imposition of duties on both the subject merchandise of the

withdrawn petition and the subject merchandise from another

country, the administering authority and the Commission may use

in the investigation initiated pursuant to the new petition any

records compiled in an investigation conducted pursuant to the

withdrawn petition. This subparagraph applies only with

respect to the first withdrawal of a petition.

(2) Special rules for quantitative restriction agreements

(A) In general

Subject to subparagraphs (B) and (C), the administering

authority may not terminate an investigation under paragraph

(1) by accepting, with the government of the country in which

the countervailable subsidy practice is alleged to occur, an

understanding or other kind of agreement to limit the volume of

imports into the United States of the subject merchandise

unless the administering authority is satisfied that

termination on the basis of that agreement is in the public

interest.

(B) Public interest factors

In making a decision under subparagraph (A) regarding the

public interest, the administering authority shall take into

account -

(i) whether, based upon the relative impact on consumer

prices and the availability of supplies of the merchandise,

the agreement would have a greater adverse impact on United

States consumers than the imposition of countervailing

duties;

(ii) the relative impact on the international economic

interests of the United States; and

(iii) the relative impact on the competitiveness of the

domestic industry producing the like merchandise, including

any such impact on employment and investment in that

industry.

(C) Prior consultations

Before making a decision under subparagraph (A) regarding the

public interest, the administering authority shall, to the

extent practicable, consult with -

(i) potentially affected consuming industries; and

(ii) potentially affected producers and workers in the

domestic industry producing the like merchandise, including

producers and workers not party to the investigation.

(3) Limitation on termination by Commission

The Commission may not terminate an investigation under

paragraph (1) before a preliminary determination is made by the

administering authority under section 1671b(b) of this title.

(b) Agreements to eliminate or offset completely a countervailable

subsidy or to cease exports of subject merchandise

The administering authority may suspend an investigation if the

government of the country in which the countervailable subsidy

practice is alleged to occur agrees, or exporters who account for

substantially all of the imports of the subject merchandise agree -

(1) to eliminate the countervailable subsidy completely or to

offset completely the amount of the net countervailable subsidy,

with respect to that merchandise exported directly or indirectly

to the United States, within 6 months after the date on which the

investigation is suspended, or

(2) to cease exports of that merchandise to the United States

within 6 months after the date on which the investigation is

suspended.

(c) Agreements eliminating injurious effect

(1) General rule

If the administering authority determines that extraordinary

circumstances are present in a case, it may suspend an

investigation upon the acceptance of an agreement from a

government described in subsection (b) of this section, or from

exporters described in subsection (b) of this section, if the

agreement will eliminate completely the injurious effect of

exports to the United States of the subject merchandise.

(2) Certain additional requirements

Except in the case of an agreement by a foreign government to

restrict the volume of imports of the subject merchandise into

the United States, the administering authority may not accept an

agreement under this subsection unless -

(A) the suppression or undercutting of price levels of

domestic products by imports of that merchandise will be

prevented, and

(B) at least 85 percent of the net countervailable subsidy

will be offset.

(3) Quantitative restrictions agreements

The administering authority may accept an agreement with a

foreign government under this subsection to restrict the volume

of imports of subject merchandise into the United States, but it

may not accept such an agreement with exporters.

(4) Definition of extraordinary circumstances

(A) Extraordinary circumstances

For purposes of this subsection, the term ''extraordinary

circumstances'' means circumstances in which -

(i) suspension of an investigation will be more beneficial

to the domestic industry than continuation of the

investigation, and

(ii) the investigation is complex.

(B) Complex

For purposes of this paragraph, the term ''complex'' means -

(i) there are a large number of alleged countervailable

subsidy practices and the practices are complicated,

(ii) the issues raised are novel, or

(iii) the number of exporters involved is large.

(d) Additional rules and conditions

(1) Public interest; monitoring

The administering authority shall not accept an agreement under

subsection (b) or (c) of this section unless -

(A) it is satisfied that suspension of the investigation is

in the public interest, and

(B) effective monitoring of the agreement by the United

States is practicable.

Where practicable, the administering authority shall provide to

the exporters who would have been subject to the agreement the

reasons for not accepting the agreement and, to the extent

possible, an opportunity to submit comments thereon. In applying

subparagraph (A) with respect to any quantitative restriction

agreement under subsection (c) of this section, the administering

authority shall take into account, in addition to such other

factors as are considered necessary or appropriate, the factors

set forth in subsection (a)(2)(B)(i), (ii), and (iii) of this

section as they apply to the proposed suspension and agreement,

after consulting with the appropriate consuming industries,

producers, and workers referred to in subsection (a)(2)(C)(i) and

(ii) of this section.

(2) Exports of merchandise to United States not to increase

during interim period

The administering authority may not accept any agreement under

subsection (b) of this section unless that agreement provides a

means of ensuring that the quantity of the merchandise covered by

that agreement exported to the United States during the period

provided for elimination or offset of the countervailable subsidy

or cessation of exports does not exceed the quantity of such

merchandise exported to the United States during the most recent

representative period determined by the administering authority.

(3) Regulations governing entry or withdrawals

In order to carry out an agreement concluded under subsection

(b) or (c) of this section, the administering authority is

authorized to prescribe regulations governing the entry, or

withdrawal from warehouse, for consumption of subject

merchandise.

(e) Suspension of investigation procedure

Before an investigation may be suspended under subsection (b) or

(c) of this section the administering authority shall -

(1) notify the petitioner of, and consult with the petitioner

concerning, its intention to suspend the investigation, and

notify other parties to the investigation and the Commission not

less than 30 days before the date on which it suspends the

investigation,

(2) provide a copy of the proposed agreement to the petitioner

at the time of the notification, together with an explanation of

how the agreement will be carried out and enforced (including any

action required of foreign governments), and of how the agreement

will meet the requirements of subsections (b) and (d) or (c) and

(d) of this section, and

(3) permit all interested parties described in section 1677(9)

of this title to submit comments and information for the record

before the date on which notice of suspension of the

investigation is published under subsection (f)(1)(A) of this

section.

(f) Effects of suspension of investigation

(1) In general

If the administering authority determines to suspend an

investigation upon acceptance of an agreement described in

subsection (b) or (c) of this section, then -

(A) it shall suspend the investigation, publish notice of

suspension of the investigation, and issue an affirmative

preliminary determination under section 1671b(b) of this title

with respect to the subject merchandise, unless it has

previously issued such a determination in the same

investigation,

(B) the Commission shall suspend any investigation it is

conducting with respect to that merchandise, and

(C) the suspension of investigation shall take effect on the

day on which such notice is published.

(2) Liquidation of entries

(A) Cessation of exports; complete elimination of net

countervailable subsidy

If the agreement accepted by the administering authority is

an agreement described in subsection (b) of this section, then

-

(i) notwithstanding the affirmative preliminary

determination required under paragraph (1)(A), the

liquidation of entries of subject merchandise shall not be

suspended under section 1671b(d)(2) of this title,

(ii) if the liquidation of entries of such merchandise was

suspended pursuant to a previous affirmative preliminary

determination in the same case with respect to such

merchandise, that suspension of liquidation shall terminate,

and

(iii) the administering authority shall refund any cash