Articles entered or withdrawn from warehouse for consumption
Articles removed from intended place of release
Any article which has been entered for consumption but which, before release from custody of the Customs Service, is removed from the port or other place of intended release because of inaccessibility, overcarriage, strike, act of God, or unforeseen contingency, shall be subject to duty at the rate or rates in effect when the entry for consumption and any required duties were deposited in accordance with subsection (a) of this section, but only if the article is returned to such port or place within ninety days after the date of removal and the identity of the article as that covered by the entry is established in accordance with regulations prescribed by the Secretary of the Treasury.
Quantity of merchandise at time of importation
section 1562 of this titleInsofar as duties are based upon the quantity of any merchandise, such duties shall, except as provided in chapter 98 of the Harmonized Tariff Schedule of the United States and (relating respectively to certain beverages and to manipulating warehouses), be levied and collected upon the quantity of such merchandise at the time of its importation.
Effective date of administrative rulings resulting in higher rates
section 1303 of this titlesection 1671 of this titleNo administrative ruling resulting in the imposition of a higher rate of duty or charge than the Secretary of the Treasury shall find to have been applicable to imported merchandise under an established and uniform practice shall be effective with respect to articles entered for consumption or withdrawn from warehouse for consumption prior to the expiration of thirty days after the date of publication in the Federal Register of notice of such ruling; but this provision shall not apply with respect to the imposition of antidumping duties, or the imposition of countervailing duties under (as in effect on the day before the effective date of title II of the Uruguay Round Agreements Act) or . This subsection shall not apply with respect to increases in rates of duty resulting from the enactment of the Harmonized Tariff Schedule of the United States to replace the Tariff Schedules of the United States.
June 17, 1930, ch. 49746 Stat. 695June 25, 1938, ch. 679, § 652 Stat. 1081Aug. 8, 1953, ch. 397, § 3(a)67 Stat. 508Pub. L. 91–271, title III, § 301(b)84 Stat. 287Pub. L. 93–618, title III, § 331(c)88 Stat. 2053Pub. L. 95–410, title I, § 10192 Stat. 888Pub. L. 96–39, title XI, § 1106(e)93 Stat. 312Pub. L. 100–418, title I, § 1213(c)102 Stat. 1155Pub. L. 103–182, title VI, § 633107 Stat. 2198Pub. L. 103–465, title II, § 261(d)(1)(B)(i)108 Stat. 4909(, title III, § 315, ; , ; , ; , , ; , , ; , title II, § 204, , , 900; , , ; , , ; , , ; , , .)
Editorial Notes
References in Text
section 1202 of this titleThe Harmonized Tariff Schedule of the United States and the Tariff Schedules of the United States, referred to in subsecs. (c) and (d), are not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under .
Pub. L. 103–465section 291 of Pub. L. 103–465section 1671 of this titleFor the effective date of title II of the Uruguay Round Agreements Act [], referred to in subsec. (d), as , see , set out as an Effective Date of 1994 Amendment note under .
Amendments
Pub. L. 103–465section 1671 of this titlesection 1303 of this title1994—Subsec. (d). inserted “(as in effect on the day before the effective date of title II of the Uruguay Round Agreements Act) or ” after “”.
Pub. L. 103–182, § 633(1)1993—Subsec. (a). , substituted “Customs Service by written, electronic or such other means as the Secretary by regulation shall prescribe,” for “appropriate customs officer in the form and manner prescribed by regulations of the Secretary of the Treasury,” in introductory provisions.
Pub. L. 103–182, § 633(2)Subsec. (b). , substituted “custody of the Customs Service” for “customs custody”.
Pub. L. 103–182, § 633(3)Subsec. (c). , substituted “chapter 98 of the Harmonized Tariff Schedule of the United States” for “paragraph 813”.
Pub. L. 100–4181988—Subsec. (d). inserted at end “This subsection shall not apply with respect to increases in rates of duty resulting from the enactment of the Harmonized Tariff Schedule of the United States to replace the Tariff Schedules of the United States.”
Pub. L. 96–39Pub. L. 93–618, § 331(c)1979—Subsec. (d). amended directory language of , to correct a typographical error, and did not involve any change in text. See 1975 Amendment note below.
Pub. L. 95–410, § 1011978—Subsec. (a)(3). , added par. (3).
Pub. L. 95–410, § 204Subsec. (d). , substituted “publication in the Federal Register” for “publication in the weekly Treasury Decisions”.
Pub. L. 93–618Pub. L. 96–39section 1303 of this title1975—Subsec. (d). , as amended by , inserted “or the imposition of countervailing duties under ” after “antidumping duties”.
Pub. L. 91–2711970—Subsec. (a). substituted reference to the appropriate customs officer for reference to the collector.
1953—Act , amended section generally by dividing section into subsections, and by changing the provisions set out as subsecs. (a) and (b) to clarify such provisions with respect to effective dates of rates of duty.
1938—Act , amended section generally, among which changes it inserted provisions set out as subsecs. (c) and (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Pub. L. 103–465, title II, § 261(d)(2)108 Stat. 4910
Effective Date of 1988 Amendment
Pub. L. 100–418section 1217(b)(1) of Pub. L. 100–418section 3001 of this titleAmendment by effective , and applicable with respect to articles entered on or after such date, see , set out as an Effective Date note under .
Effective Date of 1975 Amendment
Pub. L. 93–618, title III, § 331(d)88 Stat. 2053Pub. L. 103–465, title II, § 261(d)(1)(A)(i)108 Stat. 4909
Effective Date of 1970 Amendment
Pub. L. 91–271section 203 of Pub. L. 91–271section 1500 of this titleFor effective date of amendment by , see , set out as a note under .
Effective Date of 1953 Amendment; Savings Provision
section 1304 of this titleAmendment by act , effective on and after thirtieth day following , and savings provision, see notes set out under .
Effective Date of 1938 Amendment
section 1401 of this titleAmendment by act , effective on thirtieth day following , except as otherwise specifically provided, see section 37 of act , set out as a note under .
Transfer of Functions
section 542 of Title 6Pub. L. 107–296section 211 of Title 6Pub. L. 114–125section 802(b) of Pub. L. 114–125section 211 of Title 6For 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 , as modified, set out as a note under . For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in as of , see , as amended generally by , and , set out as a note under .
Executive Documents
Transfer of Functions
64 Stat. 1280Functions 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 1950 Reorg. Plan No. 26, §§ 1, 2, eff. , 15 F.R. 4935, , 1281, set out in the Appendix to Title 5, Government Organization and Employees. Customs officers, referred to in text, were under Department of the Treasury.