Except as provided in sections 1442 and 1447 of this title (relating to residue cargo and to bulk cargo respectively), merchandise and baggage imported in any vessel by sea shall be unladen at the port of entry to which such vessel is destined, unless (1) such vessel is compelled by any cause to put into another port of entry, and the Customs Service issues a permit for the unlading of such merchandise or baggage at such port, or (2) the Secretary of the Treasury, because of an emergency existing at the port of destination, authorizes such vessel to proceed to another port of entry. Merchandise and baggage so unladen may be entered in the same manner as other imported merchandise or baggage and may be treated as unclaimed merchandise or baggage and stored at the expense and risk of the owner thereof, or may be reladen without entry upon the vessel from which it was unladen for transportation to its destination.
June 17, 1930, ch. 49746 Stat. 714Pub. L. 91–271, title III, § 301(b)84 Stat. 287Pub. L. 103–182, title VI, § 649(b)107 Stat. 2208(, title IV, § 449, ; , , ; , , .)
Editorial Notes
Prior Provisions
act Sept. 21, 1922, ch. 356, title IV, § 44942 Stat. 954Provisions similar to those in this section were contained in , . That section was superseded by section 449 of act , comprising this section, and repealed by section 651(a)(1) of the 1930 act.
act Sept. 21, 1922, ch. 356, title IV, § 64242 Stat. 989Provisions concerning protests and reports by vessels compelled by distress of weather or other necessity to put into a port of the United States; permits for the unlading thereof; the storage of the goods; the disposal of perishable goods; variances between the report, and the delivery of the cargo, and the reloading of such vessels, and a special provision for Spanish vessels arriving in distress, were contained in R.S. §§ 2891–2895. Provisions for report and entry of vessels prevented by ice from getting to the port or place at which her cargo was intended to be delivered, and for the unlading or landing of the cargo, were contained in R.S. § 2896. All of these sections were repealed by , .
Amendments
Pub. L. 103–1821993— substituted “Customs Service issues a permit for the unlading of such merchandise or baggage at such port,” for “appropriate customs officer of such port issues a permit for the unlading of such merchandise or baggage,”.
Pub. L. 91–2711970— substituted reference to appropriate customs officers for reference to collector.
Statutory Notes and Related Subsidiaries
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 .
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 .