19 U.S.C. § 1434 | Entry; vessels

(a)

Formal entry

Within 24 hours (or such other period of time as may be provided under subsection (c)(2)) after the arrival at any port or place in the United States of—

(1)

any vessel from a foreign port or place;

(2)

any foreign vessel from a domestic port;

(3)

any vessel of the United States having on board foreign merchandise for which entry has not been made; or

(4)

any vessel which has visited a hovering vessel or has delivered or received merchandise while outside the territorial sea;

the master of the vessel shall, unless otherwise provided by law, make formal entry at the nearest customs facility or such other place as the Secretary may prescribe by regulation.

(b)

Preliminary entry

The Secretary may by regulation permit the master to make preliminary entry of the vessel with the Customs Service in lieu of formal entry or before formal entry is made. In permitting preliminary entry, the Customs Service shall board a sufficient number of vessels to ensure compliance with the laws it enforces.

(c)

Regulations

The Secretary may by regulation—

(1)

prescribe the manner and format in which entry under subsection (a) or subsection (b), or both, must be made, and such regulations may provide that any such entry may be made electronically pursuant to an electronic data interchange system;

(2)

provide that—

(A)

formal entry must be made within a greater or lesser time than 24 hours after arrival, but in no case more than 48 hours after arrival, and

(B)

formal entry may be made before arrival; and

(3)

authorize the Customs Service to permit entry or preliminary entry of any vessel to be made at a place other than a designated port of entry, under such conditions as may be prescribed.

June 17, 1930, ch. 497 46 Stat. 711 Aug. 5, 1935, ch. 438 49 Stat. 527 Pub. L. 91–271, title III, § 301(b)June 2, 197084 Stat. 287 Pub. L. 103–182, title VI, § 653Dec. 8, 1993107 Stat. 2210 Pub. L. 106–476, title I, § 1452(a)(2)Nov. 9, 2000114 Stat. 2167(, title IV, § 434, ; , title III. § 301, ; , , ; , , ; , , .)

Editorial Notes

Prior Provisions

act Sept. 21, 1922, ch. 356, title IV, § 434 42 Stat. 951June 17, 1930Provisions similar to those in this section were contained in , . That section was superseded by section 434 of act , comprising this section, and repealed by section 651(a)(1) of the 1930 act.

act Sept. 21, 1922, ch. 356, title IV, § 434 42 Stat. 951Provisions for deposit of the register and other papers previous to entry, and for their return to the master or owner of the vessel on clearance of the vessel, were contained in R.S. § 2790, which was superseded by , , and repealed by section 642 of that act.

section 1 of this title act Sept. 21, 1922, ch. 356R.S. § 2836, relative to the entry of vessels arriving within the districts of Petersburg or Richmond (abolished by the Plan of Reorganization of the Customs Service set forth in a note to ) was also repealed by section 642 of .

section 642 of the act of Sept. 21, 1922, ch. 356Special provisions for Astoria and Portland were contained in R.S. §§ 2588–2590, which were also repealed by .

act Mar. 3, 1897, ch. 389, § 16 29 Stat. 691R.S. § 2835, prescribing the duties of masters of vessels bound up James River, Virginia, in regard to deposit of manifests, etc., was repealed by , .

act June 5, 1894, ch. 92, § 1 28 Stat. 85 act May 31, 1900, ch. 600 31 Stat. 249 act Feb. 13, 1911, ch. 46 section 643 of the act of Sept. 21, 1922, ch. 356Special provisions to facilitate the entry of steamships running in an established line in foreign trade, made by , , and extended to steamships trading between Porto Rico and Hawaii and the United States by , , were repealed by section 6 of , the preceding sections of which act made more comprehensive provisions for preliminary entry of any vessel from a foreign port, and for the lading or unlading of such vessels at night. Sections 1 to 4 of said act of 1911, were repealed by .

Amendments

Pub. L. 106–4762000—Subsec. (a)(3). struck out “bonded merchandise or” before “foreign merchandise”.

Pub. L. 103–182 section 1431 of this title1993— amended section generally. Prior to amendment, section read as follows: “Except as otherwise provided by law, and under such regulations as the Commissioner of Customs may prescribe, the master of a vessel of the United States arriving in the United States from a foreign port or place shall, within forty-eight hours after its arrival within the limits of any customs collection district, make formal entry of the vessel at the customhouse by producing and depositing with the appropriate customs officer the vessel’s crew list, its register, or document in lieu thereof, the clearance and bills of health issued to the vessel at the foreign port or ports from which it arrived, together with the original and one copy of the manifest, and shall make oath that the ownership of the vessel is as indicated in the register, or document in lieu thereof, and that the manifest was made out in accordance with .”

Pub. L. 91–2711970— substituted reference to appropriate customs officer for reference to collector.

Aug. 5, 19351935—Act , inserted “or document in lieu thereof” after “indicated in the register”.

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Pub. L. 106–476Nov. 9, 2000section 1471 of Pub. L. 106–476 section 58c of this titleAmendment by , except as otherwise provided, applicable with respect to goods entered, or withdrawn from warehouse, for consumption, on or after the 15th day after , see , set out as a note under .

Effective Date of 1970 Amendment

Pub. L. 91–271 section 203 of Pub. L. 91–271 section 1500 of this titleFor effective date of amendment by , see , set out as a note under .

Transfer of Functions

November 25, 2002section 542 of Title 6 Pub. L. 107–296Nov. 25, 2002section 211 of Title 6 Pub. L. 114–125 section 802(b) of Pub. L. 114–125 section 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 .