Administrative Provisions
part 1—definitions
§231. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762
Section, act Sept. 21, 1922, ch. 356, title IV, §401,
Corresponding provisions of Tariff Act of 1930, see
§232. "Port" defined
The word "port", as used in title 34 of the Revised Statutes, may include any place from which merchandise can be shipped for importation, or at which merchandise can be imported.
(R.S. §2767.)
Editorial Notes
References in Text
Title 34 of the Revised Statutes, referred to in text, was in the original "this Title", meaning title 34 of the Revised Statutes, consisting of R.S. §§2517 to 3129. For complete classification of R.S. §§2517 to 3129 to the Code, see Tables.
§233. Departure from prescribed forms
In cases where the forms of official documents, as prescribed by title 34 of the Revised Statutes, shall be substantially complied with and observed, according to the true intent thereof, no penalty or forfeiture shall be incurred by a deviation therefrom.
(R.S. §2769.)
Editorial Notes
References in Text
Title 34 of the Revised Statutes, referred to in text, was in the original "this Title", meaning title 34 of the Revised Statutes, consisting of R.S. §§2517 to 3129. For complete classification of R.S. §§2517 to 3129 to the Code, see Tables.
Codification
R.S. §2769 derived from act Mar. 2, 1799, ch. 22, §111,
§§234 to 239. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762 , eff. June 18, 1930
Sections, act Sept. 21, 1922, ch. 356, title IV, §402(a)–(f),
Provisions of Tariff Act of 1930 corresponding to section 234, see
§240. Value at date of shipment
When the duty upon any imports shall be subject to be levied upon the true market value of such imports in the principal markets of the country from whence the importation has been made, or at the port of exportation, the duty shall be estimated and collected upon the value on the day of actual shipment, whenever a bill of lading shall be presented showing the date of shipment, and which shall be certified by a certificate of the United States consul or legally authorized deputy.
(R.S. §2904.)
Editorial Notes
Codification
R.S. §2904 derived from act Mar. 2, 1861, ch. 68, §28,
part 2—report, entry, and unlading of vessels and vehicles
§§241 to 256. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762 , eff. June 18, 1930
Sections, act Sept. 21, 1922, ch. 356, title IV, §§431–446,
Provisions of Tariff Act of 1930 corresponding to sections 241 to 256, see
§§257, 258. Repealed. Pub. L. 91–654, §3, Jan. 5, 1971, 84 Stat. 1945
Section 257, R.S. §3114; acts Sept. 21, 1922, ch. 356, title IV, §466,
Section 258, R.S. §3115; acts Sept. 21, 1922, ch. 356, title IV, §466,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Provisions Inapplicable to Entries Made in Connection With Arrivals Before January 5, 1971, of Vessels Operated By or for Agency of United States; Refunds After August 7, 1974, Barred as to Duty Payments Made Before January 5, 1971, Under Section 257
"
§§259, 260. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762
Sections, act Sept. 21, 1922, ch. 356, title IV, §§447, 448,
Provisions of Tariff Act of 1930 corresponding to section 259, see
§261. Omitted
Editorial Notes
Codification
Section, acts Feb. 13, 1911, ch. 46, §5,
§§262 to 266. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762 , eff. June 18, 1930
Sections, act Sept. 21, 1922, ch. 356, title IV, §§449–453,
Provisions of Tariff Act of 1930 corresponding to section 262, see
§267. Overtime and premium pay for customs officers
(a) Overtime pay
(1) In general
Subject to paragraph (2) and subsection (c), a customs officer who is officially assigned to perform work in excess of 40 hours in the administrative workweek of the officer or in excess of 8 hours in a day shall be compensated for that work at an hourly rate of pay that is equal to 2 times the hourly rate of the basic pay of the officer. For purposes of this paragraph, the hourly rate of basic pay for a customs officer does not include any premium pay provided for under subsection (b).
(2) Special provisions relating to overtime work on callback basis
(A) Minimum duration
Any work for which compensation is authorized under paragraph (1) and for which the customs officer is required to return to the officer's place of work shall be treated as being not less than 2 hours in duration; but only if such work begins at least 1 hour after the end of any previous regularly scheduled work assignment and ends at least 1 hour before the beginning of the following regularly scheduled work assignment.
(B) Compensation for commuting time
(i) In general
Except as provided in clause (ii), in addition to the compensation authorized under paragraph (1) for work to which subparagraph (A) applies, the customs officer is entitled to be paid, as compensation for commuting time, an amount equal to 3 times the hourly rate of basic pay of the officer.
(ii) Exception
Compensation for commuting time is not payable under clause (i) if the work for which compensation is authorized under paragraph (1)—
(I) does not commence within 16 hours of the customs officer's last regularly scheduled work assignment, or
(II) commences within 2 hours of the next regularly scheduled work assignment of the customs officer.
(b) Premium pay for customs officers
(1) Night work differential
(A) 3 p.m. to midnight shiftwork
If the majority of the hours of regularly scheduled work of a customs officer occurs during the period beginning at 3 p.m. and ending at 12 a.m., the officer is entitled to pay for work during such period (except for work to which paragraph (2) or (3) applies) at the officer's hourly rate of basic pay plus premium pay amounting to 15 percent of that basic rate.
(B) 11 p.m. to 8 a.m. shiftwork
If the majority of the hours of regularly scheduled work of a customs officer occurs during the period beginning at 11 p.m. and ending at 8 a.m., the officer is entitled to pay for work during such period (except for work to which paragraph (2) or (3) applies) at the officer's hourly rate of basic pay plus premium pay amounting to 20 percent of that basic rate.
(C) 7:30 p.m. to 3:30 a.m. shiftwork
If the regularly scheduled work assignment of a customs officer is 7:30 p.m. to 3:30 a.m., the officer is entitled to pay for work during such period (except for work to which paragraph (2) or (3) applies) at the officer's hourly rate of basic pay plus premium pay amounting to 15 percent of that basic rate for the period from 7:30 p.m. to 11:30 p.m. and at the officer's hourly rate of basic pay plus premium pay amounting to 20 percent of that basic rate for the period from 11:30 p.m. to 3:30 a.m.
(2) Sunday differential
A customs officer who performs any regularly scheduled work on a Sunday that is not a holiday is entitled to pay for that work at the officer's hourly rate of basic pay plus premium pay amounting to 50 percent of that basic rate.
(3) Holiday differential
A customs officer who performs any regularly scheduled work on a holiday is entitled to pay for that work at the officer's hourly rate of basic pay plus premium pay amounting to 100 percent of that basic rate.
(4) Treatment of premium pay
Premium pay provided for under this subsection may not be treated as being overtime pay or compensation for any purpose.
(c) Limitations
(1) Fiscal year cap
The aggregate of overtime pay under subsection (a) (including commuting compensation under subsection (a)(2)(B)) and premium pay under subsection (b) that a customs officer may be paid in any fiscal year may not exceed $25,000; except that the Commissioner of U.S. Customs and Border Protection or his designee may waive this limitation in individual cases in order to prevent excessive costs or to meet emergency requirements of the Customs Service.
(2) Exclusivity of pay under this section
A customs officer who receives overtime pay under subsection (a) or premium pay under subsection (b) for time worked may not receive pay or other compensation for that work under any other provision of law.
(d) Regulations
The Secretary of the Treasury shall promulgate regulations to prevent—
(1) abuse of callback work assignments and commuting time compensation authorized under subsection (a)(2); and
(2) the disproportionately more frequent assignment of overtime work to customs officers who are near to retirement.
(e) Definitions
As used in this section:
(1) The term "customs officer" means an individual performing those functions specified by regulation by the Secretary of the Treasury for a customs inspector or canine enforcement officer. Such functions shall be consistent with such applicable standards as may be promulgated by the Office of Personnel Management.
(2) The term "holiday" means any day designated as a holiday under a Federal statute or Executive order.
(Feb. 13, 1911, ch. 46, §5,
Editorial Notes
Codification
Section derived from R.S. §2872, as amended by act June 26, 1884, ch. 121, §25,
Prior to the general revision of section 5 of act Feb. 13, 1911, by section 13811(a) of
Amendments
1993—
1970—
Statutory Notes and Related Subsidiaries
Change of Name
"Commissioner of U.S. Customs and Border Protection" substituted for "Commissioner of Customs" in subsec. (c)(1) on authority of section 802(d)(2) of
Effective Date of 1993 Amendment
Effective Date of 1970 Amendment
For effective date of amendment by
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
Executive Documents
Transfer of Functions
Functions of all officers of Department of the Treasury and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of those officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, §§1, 2, eff. July 31, 1950, 15 F.R. 4935,
§267a. Foreign language proficiency awards
Cash awards for foreign language proficiency may, under regulations prescribed by the Secretary of the Treasury, be paid to customs officers (as referred to in
(
Statutory Notes and Related Subsidiaries
Effective Date
§§268 to 272. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762 , eff. June 18, 1930
Sections, act Sept. 21, 1922, ch. 356, title IV, §§454–458,
Provisions of Tariff Act of 1930 corresponding to section 268, see
§§273, 274. Repealed. Aug. 8, 1953, ch. 397, §4(b), 67 Stat. 509
Sections, R.S. §§2885, 2886, required the containers of imported liquors or distilled spirits to be marked or scored at the port of landing with the capacity, wine gallons, proof, proof gallons, and other detailed information, such marks to be obliterated upon sale.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Act Aug. 8, 1953, ch. 397, §1,
The exception "except as otherwise specifically provided for" apparently refers to the amendments made to the provisions preceding subd. (1) of
Savings Provision
For savings provision generally providing that the repeal or modification of existing law by act Aug. 8, 1953, ch. 397, would not affect acts, rights, or civil or criminal proceedings commenced prior to such act, see section 23 of act Aug. 8, 1953, ch. 397, set out as a note under
§§275 to 281. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762 , eff. June 18, 1930
Sections, act Sept. 21, 1922, ch. 356, title IV, §§459–465,
Provisions of Tariff Act of 1930 corresponding to sections 275 to 281, see
§282. Repealed. Pub. L. 103–182, title VI, §690(a)(2), Dec. 8, 1993, 107 Stat. 2222
Section, R.S. §3111;
§283. Duty on saloon stores
Articles purchased for the use of or for sale on board any such vessel, as saloon stores or supplies, shall be deemed merchandise, and shall be liable, when purchased at a foreign port, to entry and the payment of the duties found to be due thereon, at the first port of arrival of such vessel in the United States; and for a failure on the part of the saloon keeper or person purchasing or owning such articles to report, make entries, and pay duties, as hereinbefore required, such articles, together with the fixtures and other merchandise, found in such saloon or on or about such vessel, belonging to and owned by such saloon keeper or other person interested in such saloon, shall be seized and forfeited, and such saloon keeper or other person so purchasing and owning shall be liable to a penalty of not less than $100 and not more than $500, and shall be punishable by imprisonment for not less than three months and not more than two years.
(R.S. §3113.)
Editorial Notes
Codification
R.S. §3113 derived from acts July 18, 1866, ch. 201, §22,
§§284, 285. Repealed. July 3, 1926, ch. 757, §3, 44 Stat. 832
Sections, R.S. §§3116, 3117, related to manifests of vessels in coasting trade and entry for goods taken or delivered at intermediate ports.
§§286, 287. Repealed. Pub. L. 103–182, title VI, §690(a)(3), (4), Dec. 8, 1993, 107 Stat. 2222
Section 286, R.S. §3118, mandated that master of any enrolled or licensed vessel file a manifest and obtain clearance before departing from a port in one collection district to a place in another collection district where there is not customhouse.
Section 287, R.S. §3119, related to reporting requirements for merchandise destined for foreign ports and exempted unlading of cargo brought from American ports from permit requirements.
§288. Documented vessels
Documented vessels with a registry endorsement, engaged in foreign trade on the Great Lakes or their tributary or connecting waters in trade with Canada, shall not thereby become liable to the payment of entry and clearance fees.
(R.S. §2793; Sept. 25, 1941, ch. 423,
Editorial Notes
Codification
R.S. §2793 as it related to entry and clearance fees was classified to this section and section 111 of the former Appendix to Title 46, Shipping. R.S. §2793 as it related to payment of tonnage taxes was classified to section 123 of the former Appendix to Title 46.
R.S. §2793 derived from Res. Feb. 10, 1871, No. 27, §2,
Amendments
2006—
1996—
1993—
1941—Act Sept. 25, 1941, inserted exception and proviso at end of section.
§§289 to 292. Repealed. Pub. L. 103–182, title VI, §690(a)(1), (5)–(7), Dec. 8, 1993, 107 Stat. 2222 , 2223
Section 289, R.S. §2792; May 28, 1908, ch. 212, §1,
Section 290, R.S. §3122, mandated that master of any enrolled or licensed vessel destined with cargo from a place in the United States, at which there may be no customhouse, to a port where there may be a customhouse, deliver a manifest within twenty-four hours after arriving at port of destination.
Section 291, R.S. §3124; Feb. 14, 1903, ch. 552, §10,
Section 292, R.S. §3125, related to penalty for neglect or failure to comply with
§293. Documented vessels touching at foreign ports
Any United States documented vessel with a registry or coastwise endorsement, or both, may engage in trade between one port in the United States and one or more ports within the same, with the privilege of touching at one or more foreign ports during the voyage, and land and take in thereat merchandise, passengers and their baggage, and letters, and mails.
(R.S. §3126;
Editorial Notes
Codification
R.S. §3126 derived from act May 27, 1848, ch. 48, §1,
Amendments
1996—
1993—
1970—
Statutory Notes and Related Subsidiaries
Effective Date of 1970 Amendment
For effective date of amendment by
§294. No duty by reason of documented vessel touching at foreign port
Any foreign merchandise taken in at one port of the United States to be conveyed in a United States documented vessel with a registry or coastwise endorsement, or both, to any other port within the same, either under the provisions relating to warehouses, or under the laws regulating the transportation coastwise of merchandise entitled to drawback, as well as any merchandise not entitled to drawback, but on which the import duties chargeable by law shall have been duly paid, shall not become subject to any import duty by reason of the vessel in which they may arrive having touched at a foreign port during the voyage.
(R.S. §3127;
Editorial Notes
Codification
R.S. §3127 derived from act May 27, 1848, ch. 48, §2,
Amendments
1996—
1993—
part 3—ascertainment, collection, and recovery of duties
§§331 to 337. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762
Sections, act Sept. 21, 1922, ch. 356, title IV, §§481(a)–(c), 482(a)–(d),
Provisions of Tariff Act of 1930 corresponding to section 331, see
Sections 331 to 333 were repealed effective on day after enactment of repealing act.
Sections 334 to 337 were repealed effective sixty days after enactment of repealing act.
§338. Indorsement upon invoice; port of entry
The person producing an invoice for certification shall at the same time declare to the consul or vice consul the port in the United States at which it is intended to make entry of merchandise; whereupon the consul, or vice consul, shall indorse upon each of the triplicates a certificate, under his hand and official seal, stating that the invoice has been produced to him, with the date of such production, and the name of the person by whom the same was produced, and the port in the United States at which it shall be the declared intention to make entry of the merchandise therein mentioned.
(R.S. §2855; Apr. 5, 1906, ch. 1366, §3,
Editorial Notes
Codification
R.S. §2855 derived from act Mar. 3, 1863, ch. 76, §1,
Section is based on the first sentence of R.S. §2855. The second sentence of R.S. §2855, which related to the disposition of certified copies of invoices, was superseded by section 482(e) of the Tariff Act of 1922, and later by section 482(e) of the Tariff Act of 1933 which is classified to
§339. Restriction on consular certificates
No consular officer of the United States shall grant a certificate for merchandise shipped from countries adjacent to the United States, which have passed a consulate after purchase for shipment.
(R.S. §2861.)
Editorial Notes
Codification
R.S. §2861 derived from act Feb. 22, 1873, ch. 184, §3,
§340. Consuls to exact proof of invoice
All consular officers are authorized to require, before certifying any invoice, satisfactory evidence, either by the oath of the person presenting such invoices or otherwise, that such invoices are correct and true. In the exercise of the discretion hereby given, the consular officers shall be governed by such general or special regulations or instructions as may from time to time be established or given by the Secretary of State.
(R.S. §2862.)
Editorial Notes
Codification
R.S. §2862 derived from act Mar. 3, 1865, ch. 111,
§341. Fraudulent practices; consul's report
All consuls of the United States having any knowledge or belief of any case or practice of any person who obtains verification of any invoice whereby the revenue of the United States is or may be defrauded, shall report the facts to the appropriate customs officer of the port where the revenue is or may be defrauded, or to the Secretary of the Treasury.
(R.S. §2863; Apr. 5, 1906, ch. 1366, §3,
Editorial Notes
Codification
R.S. §2863 derived from act July 14, 1862, ch. 163, §18,
Amendments
1970—
Statutory Notes and Related Subsidiaries
Effective Date of 1970 Amendment
For effective date of amendment by
Executive Documents
Transfer of Functions
Functions of all officers of Department of the Treasury and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of those officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, §§1, 2, eff. July 31, 1950, 15 F.R. 4935,
§§342 to 375. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762
Sections, act Sept. 21, 1922, ch. 356, title IV, §§482(e), (f), 483, 484(a)–(g), 485(a)–(f), 486–497, 498(a), (b), 499, and 500(a)–(c),
Provisions of Tariff Act of 1930 corresponding to section 342, see
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Sections 342 and 343 repealed effective sixty days after enactment of repealing act.
Sections 344 to 375 repealed effective on day following date of enactment of repealing act.
§376. Repealed. Aug. 2, 1956, ch. 887, §4(a)(10), 70 Stat. 947
Section, R.S. §2615, related to report of assistant appraiser at New York.
§377. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762 , eff. June 18, 1930
Section, act Sept. 21, 1922, ch. 356, title IV, §500(d),
§378. Repealed. Feb. 28, 1933, ch. 131, §1, 47 Stat. 1349
Section, R.S. §2938, related to appraiser as special examiner.
Act Feb. 28, 1933, ch. 131, §2,
§379. Repealed. Aug. 2, 1956, ch. 887, §4(a)(25), 70 Stat. 947
Section, R.S. §2612, provided for instructions to prevent importation of adulterated drugs. Special examiners of drugs are no longer appointed. For functions with relation to adulterated drugs, see
§§380 to 389. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762 , eff. June 18, 1930
Sections, act Sept. 21, 1922, ch. 356, title IV, §§500(e), 501, 502(a)–(c), 503–507,
Provisions of Tariff Act of 1930 corresponding to section 380, see
§390. Repealed. Aug. 2, 1956, ch. 887, §4(a)(26), 70 Stat. 948
Section, R.S. §2918, provided for adoption of a hydrometer for use in ascertaining proof of liquors. See
§391. Ascertainment of duties on grain
For the purpose of estimating the duties on importations of grain, the number of bushels shall be ascertained by weight, instead of by measuring; and sixty pounds of wheat, fifty-six pounds of corn, fifty-six pounds of rye, forty-eight pounds of barley, thirty-two pounds of oats, sixty pounds of peas, and forty-two pounds of buckwheat, avoirdupois weight, shall respectively be estimated as a bushel.
(R.S. §2919.)
Editorial Notes
Codification
R.S. §2919 derived from act July 18, 1866, ch. 201, §38,
§§392 to 405. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762 , eff. June 18, 1930
Sections, act Sept. 21, 1922, ch. 356, title IV, §§508–518,
The following table shows the classification of former sections to the present similar provisions in the Tariff Act of 1930, as incorporated in this title.
| Former section | Present section |
|---|---|
| 392 | 1509 |
| 393 | 1510 |
| 394 | |
| 395 | 1511 |
| 396 | 1512 |
| 397 | 1513 |
| 398 | 1514 |
| 399 | 1515 |
| 400 | 1516(a) |
| 401 | 1516(b) |
| 402 | 1516(c) |
| 403 | |
| 405 |
§405a. Repealed. Pub. L. 96–417, title VI, §603, Oct. 10, 1980, 94 Stat. 1744
Section, acts May 28, 1926, ch. 411, §1,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of
§405b. Omitted
Section, act May 28, 1926, ch. 411, §2,
§§406 to 409. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat 762, eff. June 18, 1930
Sections, act Sept. 21, 1922, ch. 356, title IV, §§519, 520(a), (b), 521,
Provisions of Tariff Act of 1930 corresponding to section 406, see
§§413 to 419. Repealed. June 17, 1930, ch. 497, title IV, §§641(e), 651(a)(1), 46 Stat. 760 , 762, eff. June 18, 1930
Sections 413 and 414, act Sept. 21, 1922, ch. 356, title IV §§524, 525,
Sections 415 to 419, act June 10, 1910, ch. 283, §§1–5,
Provisions of Tariff Act of 1930 corresponding to section 413, see
§420. Repealed. Pub. L. 87–456, title III, §303(c), May 24, 1962, 76 Stat. 78
Section, R.S. §2951, defined the word "ton" and was previously omitted.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
For effective date of repeal, see section 501(a) of
part 4—transportation in bond and warehousing of merchandise
§§451 to 459. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762 , eff. June 18, 1930
Sections, act Sept. 21, 1922, ch. 356, title IV, §§551–559,
The following table shows the classification of former sections to the present similar provisions in the Tariff Act of 1930, as incorporated in this title.
| Former section | Present section |
|---|---|
| 451 | 1551 |
| 452 | 1552 |
| 453 | 1553 |
| 454 | 1554 |
| 455 | 1555 |
| 456 | 1556 |
| 457 | 1557 |
| 458 | 1558 |
| 459 | 1559 |
§460. Retention of distilled spirits, wines, etc., in warehouse during prohibitory period
Under regulations prescribed by the Secretary of the Treasury, any imported distilled spirits, wines, or other liquors which may be in any customs bonded warehouse under the customs laws on the date any prohibition of their sale or removal, by any Act of Congress, or proclamation of the President of the United States takes effect shall be permitted to remain therein without payment of any taxes or duties thereon, beyond the three-year period provided by law, during such period of prohibition; and may be exported at any time during such extended period. Any imported spirits, wines, or other liquors as to which the three-year bonded period may have expired after February 24, 1919, and prior to the date such prohibition takes effect may at the option of the owner remain in bond during such period of prohibition.
(Feb. 24, 1919, ch. 18, title VI, §600(b),
§§461 to 466. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762 , eff. June 18, 1930
Sections, act Sept. 21, 1922, ch. 356, title IV, §§560–565,
The following table shows the classification of former sections to the present similar provisions in the Tariff Act of 1930, as incorporated in this title.
| Former section | Present section |
|---|---|
| 461 | 1560 |
| 462 | 1561 |
| 463 | 1562 |
| 464 | 1563 |
| 465 | 1564 |
| 466 | 1565 |
§467. Imported distilled spirits, wines, or malt liquors; regulations for marks, brands, and stamps or devices on bulk containers; forfeitures
The Secretary of the Treasury may by regulation require such marks, brands, and stamps or devices to be placed on any bulk container (including a pipeline) used for holding, storing, transferring or conveying imported distilled spirits, wines, or malt liquors as he deems necessary and proper in the administration of the Federal laws applicable to such imported distilled spirits, wines, or malt liquors and may specify those marks, brands, and stamps or devices which the importer or owner shall place or have placed on such containers. Any such container of imported distilled spirits, wines, or malt liquors withdrawn from customs custody purporting to contain imported distilled spirits, wines, or malt liquors found without having thereon any mark, brand, stamp, or device the Secretary of the Treasury may require, shall be with its contents, forfeited to the United States of America.
(Mar. 1, 1879, ch. 125, §11,
Editorial Notes
Amendments
1978—
§468. Stamps and brands effaced on emptying packages of imported liquors
Every person who empties or draws off, or causes to be emptied or drawn off, the contents of any package of imported liquors stamped as above required, shall, at the time of such emptying, efface, obliterate, and destroy the stamp thereon, and also all other marks or brands which shall have been placed thereon in accordance with the law or regulations concerning imported liquors; every cask or other package from which the stamp for imported liquors required by
(Mar. 1, 1879, ch. 125, §12,
Editorial Notes
References in Text
R.S. §3324, referred to in text, related to stamps and brands to be effaced from empty casks and penalty for omitting to efface and for transporting in violation of law. See
§469. Dealing in or using empty stamped imported liquor containers
If any person shall purchase or sell, with the imported-liquor stamp herein required remaining thereon, or any of the marks or brands which shall have been placed thereon in accordance with the laws or regulations concerning imported liquors remaining thereon, any cask or other package, after the same has been once used to contain imported liquors and has been emptied; or if any person shall use or have in possession such cask or package, with any imitation of such marks or brands, for the purpose of placing domestic distilled spirits therein for sale; every such cask or package, with its contents, if any, shall be forfeited to the United States. And every such person who shall violate any of the provisions of this section shall be liable to a penalty of $200 for every such cask or package so purchased, sold, used, or had in possession.
(Mar. 1, 1879, ch. 125, §13,
§471. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762 , eff. June 18, 1930
Section, act Sept. 21, 1922, ch. 356, title IV, §560,
Corresponding provisions of Tariff Act of 1930, see
§§472 to 475. Repealed. Aug. 8, 1953, ch. 397, §16(f), 67 Stat. 517
Sections, act June 8, 1896, ch. 371, §§1–4,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Act Aug. 8, 1953, ch. 397, §1,
The exception "except as otherwise specifically provided for" apparently refers to amendments made to provisions preceding subd. (1) of
Savings Provision
For savings provision generally providing that the repeal or modification of existing law by act Aug. 8, 1953, ch. 397, would not affect acts, rights, or civil or criminal proceedings commenced prior to such act, see section 23 of act Aug. 8, 1953, ch. 397, set out as a note under
part 5—enforcement provisions
§481. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762 , eff. June 18, 1930
Section, act Sept. 21, 1922, ch. 356, title IV, §581,
§482. Search of vehicles and persons
(a) Any of the officers or persons authorized to board or search vessels may stop, search, and examine, as well without as within their respective districts, any vehicle, beast, or person, on which or whom he or they shall suspect there is merchandise which is subject to duty, or shall have been introduced into the United States in any manner contrary to law, whether by the person in possession or charge, or by, in, or upon such vehicle or beast, or otherwise, and to search any trunk or envelope, wherever found, in which he may have a reasonable cause to suspect there is merchandise which was imported contrary to law; and if any such officer or other person so authorized shall find any merchandise on or about any such vehicle, beast, or person, or in any such trunk or envelope, which he shall have reasonable cause to believe is subject to duty, or to have been unlawfully introduced into the United States, whether by the person in possession or charge, or by, in, or upon such vehicle, beast, or otherwise, he shall seize and secure the same for trial.
(b) Any officer or employee of the United States conducting a search of a person pursuant to subsection (a) shall not be held liable for any civil damages as a result of such search if the officer or employee performed the search in good faith and used reasonable means while effectuating such search.
(R.S. §3061;
Editorial Notes
Codification
R.S. §3061 derived from act July 18, 1866, ch. 201, §3,
Amendments
2002—
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by
Requirement To Post Policy and Procedures for Searches of Passengers
[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
§483. Repealed. Sept. 1, 1954, ch. 1213, title V, §502, 68 Stat. 1140
Section, R.S. §3062; act Aug. 5, 1935, ch. 438, title II, §208,
§§484 to 493. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762 , eff. June 18, 1930
Sections, act Sept. 21, 1922, ch. 356, title IV, §§582–591,
Provisions of Tariff Act of 1930 corresponding to section 484, see
§494. Repealed. Aug. 2, 1956, ch. 887, §4(a)(27), 70 Stat. 948
Section, act June 22, 1874, ch. 391, §13,
§§495 to 505. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762 , eff. June 18, 1930
Sections, act Sept. 21, 1922, ch. 356, title IV, §§592, 593(a), (b), 594–601,
Provisions of Tariff Act of 1930 corresponding to section 495, see
§506. Repealed. Aug. 5, 1935, ch. 438, title II, §203(b), 49 Stat. 523
Section, R.S. §3072, related to duty of customs officers to seize and make secure vessels or merchandise.
§507. Officers to make character known; assistance for officers
(a) Every customs officer shall—
(1) upon being questioned at the time of executing any of the powers conferred upon him, make known his character as an officer of the Federal Government; and
(2) have the authority to demand the assistance of any person in making any arrest, search, or seizure authorized by any law enforced or administered by customs officers, if such assistance may be necessary.
If a person, without reasonable excuse, neglects or refuses to assist a customs officer upon proper demand under paragraph (2), such person is guilty of a misdemeanor and subject to a fine of not more than $1,000.
(b) Any person other than an officer or employee of the United States who renders assistance in good faith upon the request of a customs officer shall not be held liable for any civil damages as a result of the rendering of such assistance if the assisting person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances.
(R.S. §3071;
Editorial Notes
Codification
R.S. §3071 derived from act July 18, 1866, ch. 201, §10,
Amendments
1986—
§508. Persons making seizures pleading general issue and proving special matter
If any officer, or other person, executing or aiding or assisting in the seizure of goods, under any Act providing for or regulating the collection of duties on imports or tonnage, is sued for anything done in virtue of the powers given thereby, or by virtue of a warrant granted by any judge, or justice, pursuant to law, he may plead the general issue and give such Act and the special matter in evidence.
(R.S. §3073.)
Editorial Notes
Codification
R.S. §3073 derived from act Mar. 2, 1799, ch. 22, §71,
§§509 to 521. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762 , eff. June 18, 1930
Sections, act Sept. 21, 1922, ch. 356, title IV, §§602–614,
Provisions of Tariff Act of 1930 corresponding to section 509, see
§§522 to 524. Repealed. Aug. 27, 1935, ch. 740, §308, 49 Stat. 880
Sections, act Mar. 3, 1925, ch. 438, §§1–3,
§525. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762 , eff. June 18, 1930
Section, act Sept. 21, 1922, ch. 356, title IV, §615,
§526. Repealed. Aug. 2, 1956, ch. 887, §4(a)(28), 70 Stat. 948
Section, R.S. §3089, related to costs of prosecution. See
§527. Sums received from fines and other receipts covered into Treasury
Except as otherwise provided by law, all sums received from fines, penalties, and forfeitures, connected with the customs, and from fees paid into the Treasury by customs officers, and from storage, cartage, drayage, labor, and services, shall be covered into the Treasury as are other miscellaneous receipts.
(Mar. 4, 1907, ch. 2918, §1,
§528. Appropriate customs officer to receive amount recovered
The appropriate customs officer within whose district any seizure shall be made or forfeiture incurred for any violation of the duty laws is authorized to receive from the court within which trial is had, or from the proper officer thereof, the sum recovered, after deducting all proper charges to be allowed by the court; and on receipt thereof he shall pay and distribute the same without delay, according to law.
(R.S. §3087; June 17, 1930, ch. 497, title IV, §604,
Editorial Notes
Codification
This section was derived from R.S. §3087, which, however, contained a further provision requiring collectors to cause suits to be commenced without delay and prosecuted to effect. That provision was omitted as inconsistent with section 604 of act Sept. 21, 1922, ch. 356,
Amendments
1970—
Statutory Notes and Related Subsidiaries
Effective Date of 1970 Amendment
For effective date of amendment by
Executive Documents
Transfer of Functions
Functions of all officers of Department of the Treasury and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of those officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, §§1, 2, eff. July 31, 1950, 15 F.R. 4935,
§529. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762 , eff. June 18, 1930
Section, act Sept. 21, 1922, ch. 356, title IV, §616,
§530. Omitted
Editorial Notes
Codification
Section, act Jan. 22, 1875, ch. 22,
§§531 to 534. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762 , eff. June 18, 1930
Sections, act Sept. 21, 1922, ch. 356, title IV, §§617–620,
Provisions of Tariff Act of 1930 corresponding to section 531, see
§535. Compulsory production of books, invoices, or papers
In all suits and proceedings other than criminal arising under any of the revenue laws of the United States, the attorney representing the Government, whenever, in his belief, any business book, invoice, or paper, belonging to or under the control of the defendant or claimant, will tend to prove any allegation made by the United States, may make a written motion, particularly describing such book, invoice, or paper, and setting forth the allegation which he expects to prove; and thereupon the court in which suit or proceeding is pending may, at its discretion, issue a notice to the defendant or claimant to produce such book, invoice, or paper in court, at a day and hour to be specified in said notice, which, together with a copy of said motion, shall be served formally on the defendant or claimant by the United States marshal by delivering to him a certified copy thereof, or otherwise serving the same as original notices of suit in the same court are served; and if the defendant or claimant shall fail or refuse to produce such book, invoice, or paper in obedience to such notice, the allegations stated in the said motion shall be taken as confessed unless his failure or refusal to produce the same shall be explained to the satisfaction of the court. And if produced, the said attorney shall be permitted, under the direction of the court, to make examination (at which examination the defendant or claimant, or his agent, may be present) of such entries in said book, invoice, or paper as relate to or tend to prove the allegation aforesaid, and may offer the same in evidence on behalf of the United States. But the owner of said books and papers, his agent or attorney, shall have, subject to the order of the court, the custody of them, except pending their examination in court as aforesaid.
(June 22, 1874, ch. 391, §5,
§536. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762 , eff. June 18, 1930
Section, act Sept. 21, 1922, ch. 356, title IV, §621,
§537. Officers, informers, and defendants as witnesses
No officer, or other person entitled to or claiming compensation under any provision of Act June 22, 1874 (
(June 22, 1874, ch. 391, §8,
Editorial Notes
References in Text
Section 4 of Act June 22, 1874, referred to in text, providing for compensation to officers of the customs or other persons detecting goods being smuggled, was repealed by act Sept. 21, 1922, ch. 356, title IV, §643,
§§538, 539. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762 , eff. June 18, 1930
Sections, act Sept. 21, 1922, ch. 356, title IV, §§622, 623,
Provisions of Tariff Act of 1930 corresponding to section 538, see
§540. President may use suitable vessels for enforcing customs laws
In the execution of laws providing for the collection of duties on imports and tonnage, the President, in addition to the Coast Guard vessels in service, may employ in aid thereof such other suitable vessels as may, in his judgment, be required.
(R.S. §5318; Jan. 28, 1915, ch. 20, §1,
Editorial Notes
Codification
R.S. §5318 derived from act July 13, 1861, ch. 3, §7,
Statutory Notes and Related Subsidiaries
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
"Coast Guard vessels" substituted in text for "revenue-cutters", the Revenue Cutter Service and the Life-Saving Service having been combined to form the Coast Guard by section 1 of act Jan. 28, 1915. That act was repealed by section 20 of act Aug. 4, 1949, section 1 of which reestablished the Coast Guard by enacting Title 14, Coast Guard.
Executive Documents
Delegation of Functions
For delegation to Secretary of the Treasury of authority vested in President by this section, see section 1(i) of Ex. Ord. No. 10289, Sept. 17, 1951, 16 F.R. 9499, as amended, set out as a note under
§§541, 542. Repealed. Aug. 2, 1956, ch. 887, §4(a)(29), (30), 70 Stat. 948
Section 541, R.S. §2763, authorized use of small boats for use of customs officials.
Section 542, act Feb. 10, 1913, ch. 35,
part 6—general provisions
§§571 to 573. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762 , eff. June 18, 1930
Sections, act Sept. 21, 1922, ch. 356, title III, §§320, 321, title IV, §641,
Provisions of Tariff Act of 1930 corresponding to section 571, see
§574. Exemption from taking other oaths
Nothing contained in title 34 of the Revised Statutes shall be construed to exempt the masters or owners of vessels from making and subscribing any oaths required by any laws of the United States not immediately relating to the collection of the duties on the importation of merchandise into the United States.
(R.S. §3094.)
Editorial Notes
References in Text
Title 34 of the Revised Statutes, referred to in text, was in the original "this Title", meaning title 34 of the Revised Statutes, consisting of R.S. §§2517 to 3129. For complete classification of R.S. §§2517 to 3129 to the Code, see Tables.
Codification
R.S. §3094 derived from act Mar. 2, 1799, ch. 22, §110,
§§575, 576. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762 , eff. June 18, 1930
Sections, act Sept. 21, 1922, ch. 356, title IV, §§645, 647,
Provisions of Tariff Act of 1930 corresponding to section 575, see
§577. Repealed. Oct. 31, 1951, ch. 655, §56(d), 65 Stat. 729
Section, act Mar. 8, 1902, ch. 140, §8,
Statutory Notes and Related Subsidiaries
Savings Provision
Act Oct. 31, 1951, ch. 655, §56(l),
§578. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762 , eff. June 18, 1930
Section, act May 29, 1928, ch. 852, §708,
§579. Repealed. Aug. 2, 1956, ch. 887, §4(a)(32), 70 Stat. 948
Section, R.S. §960, provided that in a suit on bond for the recovery of duties the court should grant judgment unless defendant made an oath that an error was committed in the liquidation of the duties demanded. See
§580. Interest in suits on bonds for recovery of duties
Upon all bonds, on which suits are brought for the recovery of duties, interest shall be allowed, at the rate of 6 per centum a year, from the time when said bonds became due.
(R.S. §963.)
Editorial Notes
Codification
R.S. §963 derived from act Mar. 2, 1799, ch. 22, §65,
Section was formerly classified to