19 U.S.C. § 1481 | Invoice; contents

(a)

In general

All invoices of merchandise to be imported into the United States and any electronic equivalent thereof considered acceptable by the Secretary in regulations prescribed under this section shall set forth, in written, electronic, or such other form as the Secretary shall prescribe, the following:

(1)

The port of entry to which the merchandise is destined;

(2)

The time when, the place where, and the person by whom and the person to whom the merchandise is sold or agreed to be sold, or if to be imported otherwise than in pursuance of a purchase, the place from which shipped, the time when and the person to whom and the person by whom it is shipped;

(3)

A detailed description of the merchandise, including the commercial name by which each item is known, the grade or quality, and the marks, numbers, or symbols under which sold by the seller or manufacturer in the country of exportation, together with the marks and numbers of the packages in which the merchandise is packed;

(4)

The quantities in the weights and measures of the country or place from which the merchandise is shipped, or in the weights and measures of the United States;

(5)

The purchase price of each item in the currency of the purchase, if the merchandise is shipped in pursuance of a purchase or an agreement to purchase;

(6)

If the merchandise is shipped otherwise than in pursuance of a purchase or an agreement to purchase, the value for each item, in the currency in which the transactions are usually made, or, in the absence of such value, the price in such currency that the manufacturer, seller, shipper, or owner would have received, or was willing to receive, for such merchandise if sold in the ordinary course of trade and in the usual wholesale quantities in the country of exportation;

(7)

The kind of currency, whether gold, silver, or paper;

(8)

All charges upon the merchandise, itemized by name and amount when known to the seller or shipper; or all charges by name (including commissions, insurance, freight, cases, containers, coverings, and cost of packing) included in the invoice prices when the amounts for such charges are unknown to the seller or shipper;

(9)

All rebates, drawbacks, and bounties, separately itemized, allowed upon the exportation of the merchandise; and

(10)

Any other fact that the Secretary may by regulation require as being necessary to a proper appraisement, examination and classification of the merchandise.

(b)

Shipments not purchased and not shipped by manufacturer

If the merchandise is shipped to a person in the United States by a person other than the manufacturer, otherwise than by purchase, such person shall state on the invoice the time when, the place where, the person from whom such merchandise was purchased, and the price paid therefor in the currency of the purchase, stating whether gold, silver, or paper.

(c)

Importer provision of information

section 1484(a)(2)(B) of this titleAny information required to be set forth on an invoice may alternatively be provided by any of the parties qualifying as an “importer of record” under by such means, in such form or manner, and within such time as the Secretary shall by regulation prescribe.

(d)

Exceptions by regulations

The Secretary of the Treasury may by regulations provide for such exceptions from the requirements of this section as he deems advisable and may allow for the submission or electronic transmission of partial invoices, electronic equivalents of invoices, bills, or other documents or parts thereof, required under this section.

June 17, 1930, ch. 497 46 Stat. 719 Pub. L. 103–182, title VI, § 636Dec. 8, 1993107 Stat. 2200(, title IV, § 481, ; , , .)

Editorial Notes

Prior Provisions

act Sept. 21, 1922, ch. 356, title IV, § 481 42 Stat. 958June 17, 1930Provisions similar to those in this section were contained in , . That section was superseded by section 481 of act , comprising this section, and repealed by section 651(a)(1) of the 1930 act.

act Oct. 3, 1913, ch. 16 38 Stat. 181 Act of June 10, 1890, ch. 407, § 2 26 Stat. 131 Act of Aug. 5, 1909, ch. 6, § 28 36 Stat. 91 act Sept. 21, 1922, ch. 356, title IV, § 481 42 Stat. 958Provisions as to the weights or measures, and currency, in which invoices should be made out and the contents of invoices, with additional provisions as to invoices of merchandise intended for immediate transportation without appraisement, and a provision as to the signing of the invoice, were contained in R.S. § 2837 and , § III, C, (superseding Customs Administrative , , as amended by Payne-Aldrich Tariff , ), which were superseded by , , and repealed by sections 642 and 643 thereof.

Act June 10, 1880, ch. 190 Act of June 10, 1890, ch. 407, § 29 26 Stat. 141R.S. §§ 2838, 2853 (as amended by ) and 2860, contained provisions concerning invoices and their contents, prior to repeal by Customs Administrative , .

Act May 27, 1921, ch. 14, § 401 42 Stat. 16 section 1485(a) of this title, , required invoices to contain, in addition to statements then required by law, such other statements as the Secretary of the Treasury should prescribe, and a statement as to the currency in which made out, and section 402 of that Act required the owner, importer, etc., to set forth on the invoice or statement in form of an invoice, and in the entry, in addition to statements then required by law such statements, under oath if required, as the Secretary might prescribe. These provisions were omitted from the Code as superseded by this section, and .

act Oct. 3, 1913, ch. 16 38 Stat. 190 act Sept. 21, 1922, ch. 356, title IV, § 481 42 Stat. 958Provisions on the subject matter of subdivision (c) of this section were contained in , § III, W, , which was superseded by , , and repealed by section 643 thereof.

Amendments

Pub. L. 103–182, § 636(1)(A)1993—Subsec. (a). , amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “All invoices of merchandise to be imported into the United States shall set forth—”.

Pub. L. 103–182, § 636(1)(B)Subsec. (a)(3). , amended par. (3) generally. Prior to amendment, par. (3) read as follows: “A detailed description of the merchandise, including the name by which each item is known, the grade or quality, and the marks, numbers, or symbols under which sold by the seller or manufacturer to the trade in the country of exportation, together with the marks and numbers of the packages in which the merchandise is packed;”.

Pub. L. 103–182, § 636(1)(C)Subsec. (a)(10). , amended par. (10) generally. Prior to amendment, par. (10) read as follows: “Any other facts deemed necessary to a proper appraisement, examination, and classification of the merchandise that the Secretary of the Treasury may require.”

Pub. L. 103–182, § 636(2)section 1482 of this titleSubsec. (c). , amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “When the merchandise has been purchased in different consular districts for shipment to the United States and is assembled for shipment and embraced in a single invoice which is produced for certification under the provisions of paragraph (2) of subdivision (a) of , the invoice shall have attached thereto the original bills or invoices received by the shipper, or extracts therefrom, showing the actual prices paid or to be paid for such merchandise. The consular officer to whom the invoice is so produced for certification may require that any such original bill or invoice be certified by the consular officer for the district in which the merchandise was purchased.”

Pub. L. 103–182, § 636(3)Subsec. (d). , inserted before period at end “and may allow for the submission or electronic transmission of partial invoices, electronic equivalents of invoices, bills, or other documents or parts thereof, required under this section”.