19 U.S.C. § 1484 | Entry of merchandise

(a)

Requirement and time

(1)

Except as provided in sections 1490, 1498, 1552, and 1553 of this title, one of the parties qualifying as “importer of record” under paragraph (2)(B), either in person or by an agent authorized by the party in writing, shall, using reasonable care—

(A)

1 So in original. The word “and” probably should appear at end.

make entry therefor by filing with the Bureau of Customs and Border Protection such documentation or, pursuant to an authorized electronic data interchange system, such information as is necessary to enable the Bureau of Customs and Border Protection to determine whether the merchandise may be released from custody of the Bureau of Customs and Border Protection; 

(B)

complete the entry, or substitute 1 or more reconfigured entries on an import activity summary statement, by filing with the Customs Service the declared value, classification and rate of duty applicable to the merchandise, and such other documentation or, pursuant to an electronic data interchange system, such other information as is necessary to enable the Customs Service to—

(i)

properly assess duties on the merchandise,

(ii)

collect accurate statistics with respect to the merchandise, and

(iii)

determine whether any other applicable requirement of law (other than a requirement relating to release from customs custody) is met.

(2)

(A)

section 1448(b) of this title The documentation or information required under paragraph (1) with respect to any imported merchandise shall be filed or transmitted in such manner and within such time periods as the Secretary shall by regulation prescribe. Such regulations shall provide for the filing of import activity summary statements, and permit the filing of reconfigured entries, covering merchandise released under a special delivery permit pursuant to and entries or warehouse withdrawals made during a calendar month, within such time period as is prescribed in regulations but not to exceed the 20th day following such calendar month. Entries filed under paragraph (1)(A) shall not be liquidated if covered by an import activity summary statement, but instead each reconfigured entry in the import activity summary statement shall be subject to liquidation or reliquidation pursuant to section 1500, 1501, or 1504 of this title.

(B)

section 1641 of this title When an entry of merchandise is made under this section, the required documentation or information shall be filed or electronically transmitted either by the owner or purchaser of the merchandise or, when appropriately designated by the owner, purchaser, or consignee of the merchandise, a person holding a valid license under . When a consignee declares on entry that he is the owner or purchaser of merchandise the Customs Service may, without liability, accept the declaration. For the purposes of this chapter, the importer of record must be one of the parties who is eligible to file the documentation or information required by this section.

(C)

The Secretary, in prescribing regulations to carry out this subsection, shall establish procedures which insure the accuracy and timeliness of import statistics, particularly statistics relevant to the classification and valuation of imports. Corrections of errors in such statistical data shall be transmitted immediately to the Director of the Bureau of the Census, who shall make corrections in the statistics maintained by the Bureau. The Secretary shall also provide, to the maximum extent practicable, for the protection of the revenue, the enforcement of laws governing the importation and exportation of merchandise, the facilitation of the commerce of the United States, and the equal treatment of all importers of record of imported merchandise.

(b)

Reconciliation

(1)

In general

A party may elect to file a reconciliation with regard to such entry elements as are identified by the party pursuant to regulations prescribed by the Secretary. If the party so elects, the party shall declare that a reconciliation will be filed. The declaration shall be made in such manner as the Secretary shall prescribe and at the time the documentation or information required by subsection (a)(1)(B) or the import activity summary statement is filed with, or transmitted to, the Customs Service, or at such later time as the Customs Service may, in its discretion, permit. The reconciliation shall be filed by the importer of record at such time and in such manner as the Secretary prescribes but not later than 21 months after the date the importer declares his intent to file the reconciliation. In the case of reconciling issues relating to the assessment of antidumping and countervailing duties, the reconciliation shall be filed not later than 90 days after the date the Customs Service advises the importer that the period of review for antidumping or countervailing duty purposes has been completed. Before filing a reconciliation, an importer of record shall post bond or other security pursuant to such regulations as the Secretary may prescribe.

(2)

Regulations regarding AD/CV duties

The Secretary shall prescribe, in consultation with the Secretary of Commerce, such regulations as are necessary to adapt the reconciliation process for use in the collection of antidumping and countervailing duties.

(c)

Release of merchandise

The Customs Service may permit the entry and release of merchandise from customs custody in accordance with such regulations as the Secretary may prescribe. No officer of the Customs Service shall be liable to any person with respect to the delivery of merchandise released from customs custody in accordance with such regulations.

(d)

Signing and contents

(1)

Entries shall be signed by the importer of record, or his agent, unless filed pursuant to an electronic data interchange system. If electronically filed, each transmission of data shall be certified by an importer of record or his agent, one of whom shall be resident in the United States for purposes of receiving service of process, as being true and correct to the best of his knowledge and belief, and such transmission shall be binding in the same manner and to the same extent as a signed document. The entry shall set forth such facts in regard to the importation as the Secretary may require and shall be accompanied by such invoices, bills of lading, certificates, and documents, or their electronically submitted equivalents, as are required by regulation.

(2)

section 1124 of title 15 The Secretary, in prescribing regulations governing the content of entry documentation, shall require that entry documentation contain such information as may be necessary to determine whether the imported merchandise bears an infringing trademark in violation of or any other applicable law, including a trademark appearing on the goods or packaging.

(e)

Production of invoice

The Secretary may provide by regulation for the production of an invoice, parts thereof, or the electronic equivalents thereof, in such manner and form, and under such terms and conditions, as the Secretary considers necessary.

(f)

Statistical enumeration

The Secretary, the Secretary of Commerce, and the United States International Trade Commission shall establish from time to time for statistical purposes an enumeration of articles in such detail as in their judgment may be necessary, comprehending all merchandise imported into the United States and exported from the United States, and shall seek, in conjunction with statistical programs for domestic production and programs for achieving international harmonization of trade statistics, to establish the comparability thereof with such enumeration of articles. All import entries and export declarations shall include or have attached thereto an accurate statement specifying, in terms of such detailed enumeration, the kinds and quantities of all merchandise imported and exported and the value of the total quantity of each kind of article.

(g)

Statement of cost of production

Under such regulations as the Secretary may prescribe, the Customs Service may require a verified statement from the manufacturer or producer showing the cost of producing the imported merchandise, if the Customs Service considers such verification necessary for the appraisement of such merchandise.

(h)

Admissibility of data electronically transmitted

Any entry or other information transmitted by means of an authorized electronic data interchange system shall be admissible in any and all administrative and judicial proceedings as evidence of such entry or information.

(i)

Special rule for foreign trade zone operations

(1)

In general

section 58c(a)(9)(A) of this title section 58c of this titleNotwithstanding any other provision of law and except as provided in paragraph (3), all merchandise (including merchandise of different classes, types, and categories), withdrawn from a foreign trade zone during any 7-day period, shall, at the option of the operator or user of the zone, be the subject of a single estimated entry or release filed on or before the first day of the 7-day period in which the merchandise is to be withdrawn from the zone. The estimated entry or release shall be treated as a single entry and a single release of merchandise for purposes of and all fee exclusions and limitations of such shall apply, including the maximum and minimum fee amounts provided for under subsection (b)(8)(A)(i) of such section. The entry summary for the estimated entry or release shall cover only the merchandise actually withdrawn from the foreign trade zone during the 7-day period.

(2)

Other requirements

The Secretary of the Treasury may require that the operator or user of the zone—

(A)

use an electronic data interchange approved by the Customs Service—

(i)

to file the entries described in paragraph (1); and

(ii)

to pay the applicable duties, fees, and taxes with respect to the entries; and

(B)

satisfy the Customs Service that accounting, transportation, and other controls over the merchandise are adequate to protect the revenue and meet the requirements of other Federal agencies.

(3)

Exception

The provisions of paragraph (1) shall not apply to merchandise the entry of which is prohibited by law or merchandise for which the filing of an entry summary is required before the merchandise is released from customs custody.

(4)

Foreign trade zone; zone

June 18, 193419 U.S.C. 81aIn this subsection, the terms “foreign trade zone” and “zone” mean a zone established pursuant to the Act of , commonly known as the Foreign Trade Zones Act ( et seq.).

(j)

Treatment of multiple entries of merchandise as single transaction

In the case of merchandise that is purchased and invoiced as a single entity but—

(1)

is shipped in an unassembled or disassembled condition in separate shipments due to the size or nature of the merchandise, or

(2)

is shipped in separate shipments due to the inability of the carrier to include all of the merchandise in a single shipment (at the instruction of the carrier),

the Customs Service may, upon application by an importer in advance, treat such separate shipments for entry purposes as a single transaction.

June 17, 1930, ch. 497 46 Stat. 722 June 25, 1938, ch. 679, § 12 52 Stat. 1083 Aug. 8, 1953, ch. 397 67 Stat. 509 Pub. L. 91–271, title III, § 301(i)June 2, 197084 Stat. 288 Pub. L. 93–618, title VI, § 608(a)Jan. 3, 197588 Stat. 2073 Pub. L. 95–106, § 4Aug. 17, 197791 Stat. 869 Pub. L. 95–410, title I, § 102(a)Oct. 3, 197892 Stat. 888 Pub. L. 97–446, title II, § 201(d)Jan. 12, 198396 Stat. 2349 Pub. L. 103–182, title VI, § 637(a)Dec. 8, 1993107 Stat. 2200 Pub. L. 104–153, § 12July 2, 1996110 Stat. 1389 Pub. L. 104–295Oct. 11, 1996110 Stat. 3524 Pub. L. 106–200, title IV, § 410(a)May 18, 2000114 Stat. 297 Pub. L. 106–476, title I, § 1460(a)Nov. 9, 2000114 Stat. 2171 Pub. L. 108–429, title II, § 2101Dec. 3, 2004118 Stat. 2597 Pub. L. 109–280, title XIV, § 1635(a)Aug. 17, 2006120 Stat. 1170(, title IV, § 484, ; , ; , §§ 3(b), 16(b), (c), , 517; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , §§ 18(b), 21(e)(6), , , 3531; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

act June 18, 1934, ch. 590 48 Stat. 998The Foreign Trade Zones Act, referred to in subsec. (i)(4), is , , which is classified generally to chapter 1A (§ 81a et seq.) of this title. For complete classification of this Act to the Code, see Tables.

Prior Provisions

act Sept. 21, 1922, ch. 356, title IV, § 484 42 Stat. 960June 17, 1930Provisions similar to those in this section were contained in , . That section was superseded by section 484 of act , comprising this section, and repealed by section 651(a)(1) of the 1930 act.

act Sept. 21, 1922, ch. 356, title IV, § 642 42 Stat. 989Provisions requiring entry of goods, and prescribing the manner of making it, the documents to be produced, etc., were contained in R.S. § 2785. Provision for entry when the particulars of the merchandise were unknown was made by R.S. § 2788. A special provision regarding entry of distilled spirits and wines was contained in R.S. § 2794. All of these sections were repealed by , .

act Oct. 3, 1913, ch. 16 38 Stat. 182 Act of Aug. 5, 1909, ch. 6, § 28 36 Stat. 92 Act of June 10, 1890, ch. 407, § 4 26 Stat. 131 act Sept. 21, 1922, ch. 356, title IV, § 643 42 Stat. 989 act June 22, 1874, ch. 391 act June 10, 1890, ch. 407, § 29 26 Stat. 141Provisions relating to the production of certified invoices were contained in , § III, E, , which reenacted the provisions of the Payne-Aldrich Tariff , , which amended Customs Administrative , . Said section III, E, was repealed by , . Earlier provisions were contained in R.S. § 2860, and , §§ 9, 10, and 11, all repealed by , .

act Sept. 21, 1922, ch. 356, title IV, § 642 42 Stat. 989R.S. § 2842 required bond for the production of an invoice duly certified by the oath of the owner or one of them, in the case of merchandise belonging to a resident of the United States absent from the place of entry. R.S. § 2852, provided that when merchandise was admitted to entry on invoice, the collector should certify the same, and no other evidence of value should be admitted on the part of the owner, except in corroboration of the entry. R.S. § 2859, made special provision for entry of merchandise from countries where there was no United States consul, etc. These sections were all repealed by , .

Act of June 10, 1890, ch. 407, § 29 26 Stat. 141 Act of Aug. 5, 1909, ch. 6, § 28 36 Stat. 104 Act of Oct. 3, 1913, ch. 16 act Sept. 21, 1922, ch. 356, title IV, § 642 42 Stat. 989R.S. §§ 2847 and 2848 authorized the Secretary of the Treasury to admit to entry in certain cases merchandise subject to ad valorem duty, belonging to a person not residing in the United States, not accompanied with an invoice verified and authenticated as required by preceding section. They became inoperative by the repeal of R.S. §§ 2843, 2845, by the Customs Administrative , , reenacted by the Payne-Aldrich Tariff , , and the enactment of provisions for entry of goods without invoice by section 4 of said Customs Administrative Act amended by the Payne-Aldrich Tariff Act, and further amended by the Underwood Tariff , § III, E, and were repealed by , .

Act of June 10, 1890, ch. 407, § 29 26 Stat. 141 Act of Aug. 5, 1909, ch. 6, § 28 36 Stat. 104R.S. § 2858, provided that the Secretary of the Treasury, whenever it had become impracticable for the person desiring to make entry of merchandise to produce any invoice thereof, might authorize the entry thereof, and remit forfeitures in such cases, as in other cases under the revenue laws. It was repealed by the Customs Administrative , , reenacted by the Payne-Aldrich , .

act Oct. 3, 1913, ch. 16 38 Stat. 182 Act of June 10, 1890, ch. 407, § 5 26 Stat. 132 Act of Aug. 5, 1909, ch. 6, § 28 36 Stat. 95 act Sept. 21, 1922, ch. 356, title IV, § 643 42 Stat. 989A provision relating to statistical enumeration of merchandise, except that the “accurate statement” was to be a part of the declaration therein provided for, and a further provision making it the duty of the consular officer to whom the invoice should be produced to require the information to be given, were contained in , § III, F, , amending the Customs Administrative , , as previously amended by Payne-Aldrich Tariff , . Said section III, F, was repealed by , .

act May 1, 1876, ch. 89, § 1 19 Stat. 49 act Sept. 21, 1922, ch. 356, title IV, § 643 42 Stat. 989 act Oct. 3, 1913, ch. 16 38 Stat. 182 Act of June 10, 1890, ch. 407, § 5 26 Stat. 132 Act of Aug. 5, 1909, ch. 6, § 28 36 Stat. 95 act Sept. 21, 1922, ch. 356, title IV, § 643 42 Stat. 989Prior provisions on the subject of subsequent entry of part of merchandise and separate entry of packages contained in packages for delivery to others were contained in , , which was repealed by , ; and in , § III, F, , amending Customs Administrative , , as previously amended by Payne-Aldrich Tariff , . Said section III, F, was repealed by , .

Amendments

Pub. L. 109–280, § 1635(a)(1)2006—Subsec. (a)(1)(A). , amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “make entry therefor by filing with the Customs Service—

“(i) such documentation or, pursuant to an electronic data interchange system, such information as is necessary to enable the Customs Service to determine whether the merchandise may be released from customs custody, and

“(ii) notification whether an import activity summary statement will be filed; and”.

Pub. L. 109–280, § 1635(a)(2)section 1448(b) of this titleSubsec. (a)(2)(A). , inserted “merchandise released under a special delivery permit pursuant to and” after “covering” in second sentence.

Pub. L. 108–429, § 2101(a)(1)2004—Subsec. (a)(1)(B). , inserted “, or substitute 1 or more reconfigured entries on an import activity summary statement,” after “entry” in introductory provisions.

Pub. L. 108–429, § 2101(a)(2)Subsec. (a)(2)(A). , in second sentence, inserted “and permit the filing of reconfigured entries,” after “statements,” and, at end, inserted “Entries filed under paragraph (1)(A) shall not be liquidated if covered by an import activity summary statement, but instead each reconfigured entry in the import activity summary statement shall be subject to liquidation or reliquidation pursuant to section 1500, 1501, or 1504 of this title.”

Pub. L. 108–429, § 2101(b)Subsec. (b)(1). , substituted “21 months” for “15 months” in fourth sentence.

Pub. L. 106–2002000—Subsec. (i). added subsec. (i).

Pub. L. 106–476Subsec. (j). added subsec. (j).

Pub. L. 104–295, § 21(e)(6)1996—Subsec. (a)(1). , substituted “and 1553” for “1553, and 1336(j)”.

Pub. L. 104–295, § 18(b)Subsec. (b)(1). , substituted “A party may elect to file a reconciliation with regard to such entry elements as are identified by the party pursuant to regulations prescribed by the Secretary. If the party so elects, the party shall declare that a reconciliation will be filed. The declaration shall be made in such manner as the Secretary shall prescribe and at the time the documentation or information required by subsection (a)(1)(B) of this section or the import activity summary statement is filed with, or transmitted to, the Customs Service, or at such later time as the Customs Service may, in its discretion, permit. The reconciliation shall be filed by the importer of record at such time and in such manner as the Secretary prescribes but not later than 15 months after the date the importer declares his intent to file the reconciliation. In the case of reconciling issues relating to the assessment of antidumping and countervailing duties, the reconciliation shall be filed not later than 90 days after the date the Customs Service advises the importer that the period of review for antidumping or countervailing duty purposes has been completed.” for “A party that electronically transmits an entry summary or import activity summary statement may at the time of filing such summary or statement notify the Customs Service of his intention to file a reconciliation pursuant to such regulations as the Secretary may prescribe. Such reconciliation must be filed by the importer of record within such time period as is prescribed by regulation but no later than 15 months following the filing of the entry summary or import activity summary statement; except that the prescribed time period for reconciliation issues relating to the assessment of antidumping and countervailing duties shall require filing no later than 90 days after the Customs Service advises the importer that a period of review for antidumping or countervailing duty purposes has been completed.”

Pub. L. 104–153Subsec. (d). designated existing provisions as par. (1) and added par. (2).

Pub. L. 103–1821993— amended section generally, substituting present provisions for provisions relating to entry of merchandise and providing specifically for requirement and time, production of certified invoice, production of bill of lading, signing and contents of entry, statistical enumeration, packages included, statement of cost of production, certification of owner by carrier, acceptance of duplicate bill of lading, and release of merchandise from customs custody.

Pub. L. 97–446, § 201(d)(1)(A)1983—Subsec. (a)(1). , substituted “one of the parties qualifying as ‘importer of record’ under paragraph (2)(C) of this subsection” for “the consignee of imported merchandise”, and “authorized by him” for “authorized by the consignee”.

Pub. L. 97–446, § 201(d)(1)(B)Subsec. (a)(2)(C), (D). , (C), added subpar. (C), redesignated former subpar. (C) as (D), and in subpar. (D) as so redesignated substituted “importers of record” for “consignees” after “treatment of all”.

Pub. L. 97–446, § 201(d)(2)Subsec. (c). , substituted “importer of record” for “consignee” before “shall produce”.

Pub. L. 97–446, § 201(d)(2)Subsec. (d). , substituted “importer of record” for “consignee” after “signed by the”.

Pub. L. 97–446, § 201(d)(3)section 1483 of this titleSubsec. (h). , substituted provision relating to authority of carrier of merchandise bringing it into the port to certify any person to receive the merchandise if the carrier has actual knowledge of the accuracy of the certification, for provision that any person certified by the carrier bringing the merchandise to the port at which entry was to be made to be the owner or consignee of the merchandise, or an agent of such owner or consignee, might make entry thereof, either in person or by an authorized agent, in the manner and subject to the requirements prescribed in this section (or in regulations promulgated hereunder) in the case of a consignee within the meaning of paragraph (1) of .

Pub. L. 97–446, § 201(d)(3)section 1483 of this titleSubsec. (i). , substituted provision authorizing appropriate customs officer to accept a duplicate bill of lading, for provision that any person might, upon the production of a duplicate bill of lading signed or certified to be genuine by the carrier bringing the merchandise to the port at which entry was to be made, make entry for the merchandise in respect to which such bill of lading was issued, in the manner and subject to the requirements prescribed in this section (or in regulations promulgated hereunder) in the case of a consignee within the meaning of paragraph (1) of , except that such person was to make such entry in his own name.

Pub. L. 95–410, § 102(a)(1)1978—Subsec. (a). , incorporated first sentence in introductory text of par. designated (1), added subpars. (A) and (B) and par. (2), and struck out second sentence which required the entry to be made at the customhouse within five days, exclusive of Sundays and holidays, after the entry of the importing vessel or report of the vehicle, or after the arrival at the port of destination in the case of merchandise transported in bond, unless the appropriate customs officer authorized in writing a longer time.

Pub. L. 95–410, § 102(a)(2)Subsec. (c)(3). , substituted “subsection” for “subdivision”.

Pub. L. 95–410, § 102(a)(3)Subsec. (j). , struck out “The custom officer shall return to the person making entry the bill of lading (if any is produced) with a notation thereon to the effect that entry for such merchandise has been made.”

Pub. L. 95–1061977—Subsec. (e). substituted “production and programs for achieving international harmonization of trade statistics,” for “production,”.

Pub. L. 93–6181975—Subsec. (e). substituted “United States International Trade Commission” for “United States Tariff Commission” and inserted references to an enumeration of articles exported from the United States and, in conjunction with statistical programs for domestic production, to the establishment of the comparability thereof with the enumeration of articles.

Pub. L. 91–271, § 301(i)(1)1970—Subsec. (a). , substituted reference to appropriate customs officer for reference to collector.

Pub. L. 91–271, § 301(i)(2)Subsec. (c). , (3), substituted references to appropriate customs officer or such customs officer for references to collector wherever appearing.

Pub. L. 91–271, § 301(i)(4)Subsec. (g). , substituted reference to appropriate customs officer for reference to collector or appraiser.

Pub. L. 91–271, § 301(i)(5)Subsec. (j). , (6), substituted references to customs officer or such customs officer for references to collector wherever appearing.

Aug. 8, 19531953—Subsec. (a). Act , § 16(b), substituted “five days” for “forty-eight hours”.

Aug. 8, 1953Subsec. (b). Act , § 16(c), granted the Secretary of the Treasury discretion to require certified invoices with respect to merchandise entered as he deems advisable and to establish terms under which merchandise may be imported without a certified invoice, in lieu of former provision that all such merchandise should be accompanied by an invoice certified by a United States consulate except in certain enumerated situations, and of the former provision that the Secretary might grant certain other exceptions.

Aug. 8, 1953Subsec. (f). Act , § 3(b), inserted provision relating to acceptance at port of entry designated by consignee or his agent in cases of articles not subject to a quantitative or tariff-rate quota.

June 25, 19381938—Subsec. (f). Act , inserted provision relating to authorization by the Secretary for inclusion of portions of merchandise in separate entries under such rules and regulations as he may prescribe.

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Pub. L. 109–280Aug. 17, 2006section 1641 of Pub. L. 109–280 section 58c of this titleAmendment by 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 2004 Amendment

Pub. L. 108–429Dec. 3, 2004section 2108 of Pub. L. 108–429 section 1401 of this titleAmendment by applicable to merchandise entered, or withdrawn from warehouse for consumption, on or after the 15th day after , see , set out as a note under .

Effective Date of 2000 Amendments

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 .

Pub. L. 106–200, title IV, § 410(b)May 18, 2000114 Stat. 298

May 18, 2000“The amendment made by this section [amending this section] shall take effect on the date that is 60 days after the date of the enactment of this Act [].”

, , , provided that:

Effective Date of 1983 Amendment

Pub. L. 97–446, title II, § 201(g)Jan. 12, 198396 Stat. 2350

section 1483 of this titleJan. 12, 1983“The amendments made by this section [amending the General headnotes of the Tariff Schedules, this section, and sections 1485, 1487, 1494, 1505, and 1557 of this title, and repealing ] shall apply with respect to merchandise entered on and after the 30th day after the date of the enactment of this Act [].”

, , , provided that:

Effective Date of 1978 Amendment

Pub. L. 95–410, title I, § 102(b)Oct. 3, 197892 Stat. 889

Oct. 3, 1978“The amendments made by this section [amending this section] shall take effect 60 days after the date of enactment of this Act [].”

, , , provided that:

Effective Date of 1975 Amendment

Pub. L. 93–618, title VI, § 608(e)Jan. 3, 197588 Stat. 2074

January 1, 1976“The amendment made by subsection (a) [amending this section] insofar as it related to export declarations shall take effect on .”

, , , provided that:

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 .

Effective Date of 1953 Amendment; Savings Provision

Aug. 8, 1953Aug. 8, 1953section 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

June 25, 1938June 25, 1938June 25, 1938section 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 .

Regulations

Pub. L. 106–476, title I, § 1460(b)Nov. 9, 2000114 Stat. 2171

Nov. 9, 200019 U.S.C. 1484(j)“Not later than 6 months after the date of the enactment of this Act [], the Secretary of the Treasury shall issue regulations to carry out section 484(j) of the Tariff Act of 1930 [], as added by subsection (a).”

, , , provided that:

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 .

Requirements Relating to Determination of Transaction Value of Imported Merchandise

Pub. L. 110–234, title XV, § 15422May 22, 2008122 Stat. 1547 Pub. L. 110–246, § 4(a)June 18, 2008122 Stat. 1664

“(a)

Requirement on Importers.—

“(1)

In general .—

19 U.S.C. 1484Pursuant to sections 484 and 485 of the Tariff Act of 1930 ( and 1485), the Commissioner responsible for U.S. Customs and Border Protection shall require each importer of merchandise to provide to U.S. Customs and Border Protection at the time of entry of the merchandise the information described in paragraph (2).

“(2)

Information required .—

The information referred to in paragraph (1) is a declaration as to whether the transaction value of the imported merchandise is determined on the basis of the price paid by the buyer in the first or earlier sale occurring prior to introduction of the merchandise into the United States.

“(3)

Effective date .—

June 18, 2008The requirement to provide information under this subsection shall be effective for the 1-year period beginning 90 days after the date of the enactment of this Act [].

“(b)

Report to International Trade Commission.—

“(1)

In general .—

The Commissioner responsible for U.S. Customs and Border Protection shall submit to the United States International Trade Commission on a monthly basis for the 1-year period specified in subsection (a)(3) a report on the information provided by importers under subsection (a)(2) during the preceding month. The report required under this paragraph shall be submitted in a form agreed upon between U.S. Customs and Border Protection and the United States International Trade Commission.

“(2)

Matters to be included .—

The report required under paragraph (1) shall include—

“(A)

the number of importers that declare the transaction value of the imported merchandise is determined on the basis of the method described in subsection (a)(2);

“(B)

the tariff classification of such imported merchandise under the Harmonized Tariff Schedule of the United States; and

“(C)

the transaction value of such imported merchandise.

“(c)

Report to Congress.—

“(1)

In general .—

Not later than 90 days after the submission of the final report under subsection (b), the United States International Trade Commission shall submit to the appropriate congressional committees a report on the information contained in all reports submitted under subsection (b).

“(2)

Matters to be included .—

The report required under paragraph (1) shall include—

“(A)

the aggregate number of importers that declare the transaction value of the imported merchandise is determined on the basis of the method described in subsection (a)(2), including a description of the frequency of the use of such method;

“(B)

the tariff classification of such imported merchandise under the Harmonized Tariff Schedule of the United States on an aggregate basis, including an analysis of the tariff classification of such imported merchandise on a sectoral basis;

“(C)

the aggregate transaction value of such imported merchandise, including an analysis of the transaction value of such imported merchandise on a sectoral basis; and

“(D)

the aggregate transaction value of all merchandise imported into the United States during the 1-year period specified in subsection (a)(3).

“(d)

Sense of Congress Regarding Prohibition on Proposed Interpretation of the Term ‘Sold for Exportation to the United States’.—

“(1)

In general .—

June 18, 200819 U.S.C. 1401a(b)January 1, 2011It is the sense of Congress that the Commissioner responsible for U.S. Customs and Border Protection should not implement a change to U.S. Customs and Border Protection’s interpretation (as such interpretation is in effect on the date of the enactment of this Act []) of the term ‘sold for exportation to the United States’, as described in section 402(b) of the Tariff Act of 1930 (), for purposes of applying the transaction value of the imported merchandise in a series of sales, before .

“(2)

Exception .—

January 1, 2011It is the sense of Congress that beginning on , the Commissioner responsible for U.S. Customs and Border Protection may propose to change or change U.S. Customs and Border Protection’s interpretation of the term ‘sold for exportation to the United States’, as described in paragraph (1), only if U.S. Customs and Border Protection—

“(A)

consults with, and provides notice to, the appropriate congressional committees—

“(i)

not less than 180 days prior to proposing a change; and

“(ii)

not less than 90 days prior to publishing a change;

“(B)

consults with, provides notice to, and takes into consideration views expressed by, the Commercial Operations Advisory Committee—

“(i)

not less than 120 days prior to proposing a change; and

“(ii)

not less than 60 days prior to publishing a change; and

“(C)

receives the explicit approval of the Secretary of the Treasury prior to publishing a change.

“(3)

Consideration of international trade commission report .—

June 18, 200819 U.S.C. 1401a(b)It is the sense of Congress that prior to publishing a change to U.S. Customs and Border Protection’s interpretation (as such interpretation is in effect on the date of the enactment of this Act []) of the term ‘sold for exportation to the United States’, as described in section 402(b) of the Tariff Act of 1930 (), for purposes of applying the transaction value of the imported merchandise in a series of sales, the Commissioner responsible for U.S. Customs and Border Protection should take into consideration the matters included in the report prepared by the United States International Trade Commission under subsection (c).

“(e)

Definitions .—

In this section:

“(1)

Appropriate congressional committees .—

The term ‘appropriate congressional committees’ means the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.

“(2)

Commercial operations advisory committee .—

Pub. L. 100–203 19 U.S.C. 2071 19 U.S.C. 4316(a)The term ‘Commercial Operations Advisory Committee’ means the Advisory Committee established pursuant to section 9503(c) of the Omnibus Budget Reconciliation Act of 1987 [] ([former] note) or any successor committee [see ].

“(3)

Importer .—

19 U.S.C. 1484(a)(2)(B)The term ‘importer’ means one of the parties qualifying as an ‘importer of record’ under section 484(a)(2)(B) in the Tariff Act of 1930 ().

“(4)

Transaction value of the imported merchandise .—

19 U.S.C. 1401a(b)The term ‘transaction value of the imported merchandise’ has the meaning described in section 402(b) of the Tariff Act of 1930 ().”

, , , and , title XV, § 15422, , , 2309, provided that:

Pub. L. 110–234 Pub. L. 110–246 Pub. L. 110–234 section 4(a) of Pub. L. 110–246 section 8701 of Title 7[ and enacted identical provisions. was repealed by , set out as a note under , Agriculture.]

Drug Paraphernalia

Pub. L. 101–382, title I, § 137Aug. 20, 1990104 Stat. 652

“(a)

Statistical Annotations .—

19 U.S.C. 1484(e)The Secretary of the Treasury, the Secretary of Commerce, and the United States International Trade Commission shall take actions under section 484(e) of the Tariff Act of 1930 () to implement the recommendations of the Commission regarding additional statistical annotations that were made in the report of the Commission on Investigation 332–277.

“(b)

Report .—

Aug. 20, 1990By no later than the date that is 1 year after the date of enactment of this Act [], the Commissioner of Customs shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the operational response of the United States Customs Service to the recommendations contained in the report of the United States Trade Commission described in subsection (a). The report submitted by the Commissioner of Customs under this subsection shall address the effectiveness of the United States Customs Service in monitoring and seizing drug paraphernalia, including crack bags, vials, and pipes.”

, , , provided that:

Study of Commodity Classification Systems

Pub. L. 93–618, title VI, § 608(b)Jan. 3, 197588 Stat. 2074Aug. 1, 1975, , , mandated a joint study by the Secretary of Commerce and the United States International Trade Commission with a view toward development of an enumeration of articles resulting in comparability of import, production, and export data, with the submission of a report to both Houses of Congress and to the President no later than .

Investigation by United States International Trade Commission; Formulation of International Commodity Code

Pub. L. 93–618, title VI, § 608(c)Jan. 3, 197588 Stat. 2074June 1, 1975, , , authorized an investigation by the United States International Trade Commission to provide the basis for the formulation of an international commodity code (with a report to be submitted to both Houses of Congress and to the President no later than ) and to provide the basis for full and immediate participation by the Trade Commission in the United States contribution to technical work of the Harmonized Systems Committee to assure recognition of the needs of the business community in the development of a harmonized code.

Cooperation of Governmental Agencies With Secretary of Commerce and United States International Trade Commission in Studies and Investigations

Pub. L. 93–618, title VI, § 608(d)Jan. 3, 197588 Stat. 2074

“The President is requested to direct the appropriate agencies to cooperate fully with the Secretary of Commerce and the United States International Trade Commission in carrying out their responsibilities under subsections (a) [amending this section], (b), and (c) [see notes set out above].”

, , , provided that: