Vessel
The word “vessel” includes every description of water craft or other contrivance used, or capable of being used, as a means of transportation in water, but does not include aircraft.
Vehicle
The word “vehicle” includes every description of carriage or other contrivance used, or capable of being used, as a means of transportation on land, but does not include aircraft.
Merchandise
section 5312 of title 31The word “merchandise” means goods, wares, and chattels of every description, and includes merchandise the importation of which is prohibited, and monetary instruments as defined in .
Person
The word “person” includes partnerships, associations, and corporations.
Master
The word “master” means the person having the command of the vessel.
Day
The word “day” means the time from eight o’clock antemeridian to five o’clock postmeridian.
Night
The word “night” means the time from five o’clock postmeridian to eight o’clock antemeridian.
United States
The term “United States” includes all Territories and possessions of the United States except the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, and the island of Guam.
Officer of the customs; customs officer
The terms “officer of the customs” and “customs officer” mean any officer of the United States Customs Service of the Treasury Department (also hereinafter referred to as the “Customs Service”) or any commissioned, warrant, or petty officer of the Coast Guard, or any agent or other person, including foreign law enforcement officers, authorized by law or designated by the Secretary of the Treasury to perform any duties of an officer of the Customs Service.
Customs waters
The term “customs waters” means, in the case of a foreign vessel subject to a treaty or other arrangement between a foreign government and the United States enabling or permitting the authorities of the United States to board, examine, search, seize, or otherwise to enforce upon such vessel upon the high seas the laws of the United States, the waters within such distance of the coast of the United States as the said authorities are or may be so enabled or permitted by such treaty or arrangement and, in the case of every other vessel, the waters within four leagues of the coast of the United States.
Hovering vessel
Secretary
The term “Secretary” means the Secretary of the Treasury or his delegate.
Controlled substance
Electronic transmission
The term “electronic transmission” means the transfer of data or information through an authorized electronic data interchange system consisting of, but not limited to, computer modems and computer networks.
Electronic entry
Electronic data interchange system
The term “electronic data interchange system” means any established mechanism approved by the Commissioner of U.S. Customs and Border Protection through which information can be transferred electronically.
National Customs Automation Program
section 1411 of this titleThe term “National Customs Automation Program” means the program established under .
Import activity summary statement
The term “import activity summary statement” refers to data or information transmitted electronically to the Customs Service, in accordance with such regulations as the Secretary prescribes, at the end of a specified period of time which enables the Customs Service to assess properly the duties, taxes and fees on merchandise imported during that period, collect accurate statistics and determine whether any other applicable requirement of law (other than a requirement relating to release from customs custody) is met.
Reconciliation
section 1484(a)(1)(B) of this titleThe term “reconciliation” means an electronic process, initiated at the request of an importer, under which the elements of an entry (other than those elements related to the admissibility of the merchandise) that are undetermined at the time the importer files or transmits the documentation or information required by , or the import activity summary statement, are provided to the Customs Service at a later time. A reconciliation is treated as an entry for purposes of liquidation, reliquidation, recordkeeping, and protest.
Reconfigured entry
section 1484(a)(1)(A) of this titlesection 1484(b) of this titleThe term “reconfigured entry” means an entry filed on an import activity summary statement which substitutes for all or part of 1 or more entries filed under or filed on a reconciliation entry that aggregates the entry elements to be reconciled under for purposes of liquidation, reliquidation, or protest.
June 17, 1930, ch. 49746 Stat. 708Aug. 5, 1935, ch. 43849 Stat. 521June 25, 1938, ch. 679, § 252 Stat. 107760 Stat. 1352June 30, 1955, ch. 258, § 2(a)(3)69 Stat. 242Pub. L. 91–271, title III, § 301(c)84 Stat. 288Pub. L. 99–570, title III, § 3111100 Stat. 3207–80Pub. L. 103–182, title VI, § 634107 Stat. 2198Pub. L. 104–295110 Stat. 3515Pub. L. 108–7, div. J, title I, § 127(b)117 Stat. 441Pub. L. 108–429, title I, § 1561(a)118 Stat. 2581Pub. L. 114–125, title VIII, § 802(d)(2)130 Stat. 210(, title IV, § 401, ; , title II, § 201, ; , ; Proc. No. 2695, , 11 F.R. 7517, ; , ; , , ; , , ; , , ; , §§ 3(a)(6)(A), 18(a), , , 3524; , , ; , (c), title II, § 2106, , , 2582, 2598; , , .)
Editorial Notes
References in Text
Pub. L. 91–51384 Stat. 1285section 951 of Title 21The Controlled Substances Import and Export Act, referred to in subsec. (m)(2), is title III of , , , which is classified principally to subchapter II (§ 951 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 and Tables.
Codification
section 1432a of this titlePub. L. 103–182, § 690(c)(5)107 Stat. 2223Section is based on the designated subsections of section 401 of act , as amended. The last undesignated paragraph of section 401, as added by section 201 of act , was classified to , prior to being repealed by , , .
section 1394 of Title 22Words “the Philippine Islands” formerly set out in subsec. (h) were omitted on authority of Proc. No. 2695, which is set out as a note under , Foreign Relations and Intercourse, and in which the President proclaimed the independence of the Philippines.
Prior Provisions
act Sept. 21, 1922, ch. 356, title IV, § 40142 Stat. 948Provisions similar to those in this section were contained in , , which superseded R.S. §§ 2766 and Section 401 of the 1922 act was superseded by section 401 of act , comprising this section, and repealed by section 651(a)(1) of the 1930 Act.
Act of Oct. 3, 1913, ch. 1638 Stat. 181Act of June 10, 1890, ch. 40726 Stat. 131section 643 of the act of Sept. 21, 1922, ch. 35642 Stat. 989Section III of the Underwood Tariff , , amending the Customs Administrative , , was repealed by , title IV, .
Act of June 10, 1890, ch. 40726 Stat. 131act July 24, 1897, ch. 11, § 3230 Stat. 211act May 17, 1898, ch. 34130 Stat. 417Act Dec. 15, 1902, ch. 132 Stat. 753act May 27, 1908, ch. 20535 Stat. 403Act of Aug. 5, 1909, ch. 6, § 2836 Stat. 91Section III, by subdivision A thereof, amended the Customs Administrative , , as previously amended, to read as set forth in section III, subdivisions B–CC. By that amendment and reenactment, the Customs Administrative Act of , and the amendments thereof by , , , , , , , , and the Payne-Aldrich Tariff , , were superseded, except the provisions thereof mentioned in a proviso of section IV, S, of that act.
Pub. L. 89–55480 Stat. 632The Customs Administrative Act of , as originally enacted and as amended previous to the Payne-Aldrich Tariff Act, consisted of thirty sections, of which section 30 prescribed the time when the act should go into effect. Of the preceding twenty-nine sections of the original act, section 15 providing for review by the courts of decisions of the Board of General Appraisers, was omitted from the act as further amended by the Payne-Aldrich Tariff Act, and the remaining twenty-eight sections were amended thereby, constituting sections 1–28 thereof. A new section, designated as section 29, was added by the Payne-Aldrich Tariff Act, which created a Court of Customs Appeals and prescribed its jurisdiction and powers, proceedings, etc. Its provisions were incorporated in and superseded by chapter 8 of the Judicial Code of . Another new section, designated as section 30, was also added by the Payne-Aldrich Tariff Act, which provided for the appointment of an Assistant Attorney-General, a Deputy Assistant Attorney-General, and attorneys, in charge of matters of reappraisement, etc., of imported goods and litigation incident thereto. Section 30 was incorporated into the Code as section 296 of former Title 5, Executive Departments and Government Officers and Employees, and subsequently repealed by , , § 8(a), .
Amendments
Pub. L. 108–429, § 1561(c)Pub. L. 108–7, § 127(b)2004—Subsec. (i). , repealed . See 2003 Amendment note below.
Pub. L. 108–429, § 1561(a), inserted “, including foreign law enforcement officers,” after “or other person”.
Pub. L. 108–429, § 2106Subsec. (t). , added subsec. (t).
Pub. L. 108–7, § 127(b)section 1401(i) of title 19Pub. L. 108–429, § 1561(c)2003—Subsec. (i). , which directed amendment of by inserting “, including foreign law enforcement officers,” after “or other person”, was repealed by .
Pub. L. 104–295, § 18(a)1996—Subsec. (s). , amended first sentence generally. Prior to amendment, first sentence read as follows: “The term ‘reconciliation’ means an electronic process, initiated at the request of an importer, under which the elements of an entry, other than those elements related to the admissibility of the merchandise, that are undetermined at the time of entry summary are provided to the Customs Service at a later time.”
Pub. L. 104–295, § 3(a)(6)(A), inserted “recordkeeping,” after “reliquidation,”.
Pub. L. 103–182, § 634(1)1993—Subsec. (k). , amended subsec. (k) generally. Prior to amendment, subsec. (k) read as follows:
“(1) The term ‘hovering vessel’ means any vessel which is found or kept off the coast of the United States within or without the customs waters, if, from the history, conduct, character, or location of the vessel, it is reasonable to believe that such vessel is being used or may be used to introduce or promote or facilitate the introduction or attempted introduction of merchandise into the United States in violation of the laws respecting the revenue.
“(2) For the purposes of sections 1432, 1433, 1434, 1448, 1585, and 1586 of this title, any vessel which—
“(A) has visited any hovering vessel;
“(B) has received merchandise while in the customs waters beyond the territorial sea; or
“(C) has received merchandise while on the high seas;
shall be deemed to arrive or have arrived, as the case may be, from a foreign port or place.”
Pub. L. 103–182, § 634(2)Subsecs. (n) to (s). , added subsecs. (n) to (s).
Pub. L. 99–570, § 3111(1)section 5312 of title 311986—Subsec. (c). , inserted “, and monetary instruments as defined in ”.
Pub. L. 99–570, § 3111(2)Subsec. (k). , (3), designated existing provisions as par. (1) and added par. (2).
Pub. L. 99–570, § 3111(4)Subsec. (m). , added subsec. (m).
Pub. L. 91–271, § 301(c)(1)1970—Subsec. (h). , (2), struck out subsec. (h) which defined “collector”, and redesignated subsec. (k) as (h).
Pub. L. 91–271, § 301(c)(1)lSubsec. (i). , (2), struck out subsec. (i) which defined “comptroller of customs”, redesignated subsec. () as (i), and, as so redesignated, defined “customs officer”.
Pub. L. 91–271, § 301(c)(1)Subsec. (j). , (2), struck out subsec. (j) which defined “appraiser”, and redesignated subsec. (m) as (j).
Pub. L. 91–271, § 301(c)(1)Subsec. (k). , (2), redesignated subsec. (n) as (k). Former subsec. (k) redesignated (h).
lPub. L. 91–271, § 301(c)(2)llSubsec. (). , (3), added subsec. (). Former subsec. () redesignated (i).
Pub. L. 91–271, § 301(c)(2)Subsecs. (m), (n). , redesignated subsecs. (m) and (n) as (j) and (k), respectively.
1955—Subsec. (k). Act , inserted “Johnston Island”.
1938—Subsec. (k). Act , inserted “Wake Island, Midway Islands, Kingman Reef” before “and the island of Guam”.
ll1935—Subsecs. () to (n). Act , added subsecs. () to (n).
Statutory Notes and Related Subsidiaries
Change of Name
section 802(d)(2) of Pub. L. 114–125section 211 of Title 6“Commissioner of U.S. Customs and Border Protection” substituted for “Commissioner of Customs” in subsec. (p) on authority of , set out as a note under , Domestic Security.
Effective Date of 2004 Amendment
Pub. L. 108–429, title I, § 1561(d)118 Stat. 2582
Pub. L. 108–429, title II, § 2108118 Stat. 2598
Effective Date of 1996 Amendment
section 3(a)(6)(A) of Pub. L. 104–295section 3(b) of Pub. L. 104–295section 1321 of this titleAmendment by applicable as of , see , set out as a note under .
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 1955 Amendment
Act June 30, 1955, ch. 258, § 2(d)69 Stat. 242
Effective Date of 1938 Amendment
Act June 25, 1938, ch. 679, § 3752 Stat. 1094
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 .
section 542 of Title 6For 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 , as modified, set out as a note under .
Executive Documents
Change of Name
section 308 of Title 31United States Customs Service substituted for Bureau of Customs in subsec. (i) pursuant to Treasury Department Order 165–23, , eff. , 38 F.R. 13037. See, also, , Money and Finance.
Transfer of Functions
64 Stat. 1280Functions 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. , 15 F.R. 4935, , 1281, set out in the Appendix to Title 5, Government Organization and Employees.