Whenever a customs officer shall be notified in writing of the existence of a lien for freight, charges, or contribution in general average upon any imported merchandise sent to the appraiser’s store for examination, entered for warehousing or taken possession of by him, he shall refuse to permit delivery thereof from public store or bonded warehouse until proof shall be produced that the said lien has been satisfied or discharged. The rights of the United States shall not be prejudiced or affected by the filing of such lien, nor shall the United States or its officers be liable for losses or damages consequent upon such refusal to permit delivery. If merchandise, regarding which such notice of lien has been filed, shall be forfeited or abandoned and sold, the freight, charges, or contribution in general average due thereon shall be paid from the proceeds of such sale in the same manner as other lawful charges and expenses are paid therefrom. The provisions of this section shall apply to licensed customs brokers who otherwise possess a lien for the purposes stated above upon the merchandise under the statutes or common law, or by order of any court of competent jurisdiction, of any State.
June 17, 1930, ch. 49746 Stat. 747Pub. L. 91–271, title III, § 301(w)84 Stat. 290Pub. L. 98–573, title II, § 212(c)(A)98 Stat. 2984Pub. L. 99–514, title XVIII, § 1889(3)100 Stat. 2925(, title IV, § 564, ; , , ; , formerly § 212(b)(7)(A), , , renumbered , , .)
Editorial Notes
Prior Provisions
act Sept. 21, 1922, ch. 356, title IV, § 56442 Stat. 978Provisions similar to those in this section were contained in , . That section was superseded by section 564 of act , comprising this section, and repealed by section 651(a)(1) of the 1930 act.
act June 10, 1880, ch. 190, § 1021 Stat. 175act May 21, 1896, ch. 21729 Stat. 129act Sept. 21, 1922, ch. 356, title IV, § 64242 Stat. 989Provisions somewhat similar to those in this section were contained in R.S. § 2981, as amended by , , and , , which also required notice to be given the party claiming the lien before delivery of the goods, and provided that possession by officers of the customs should not affect the discharge of the lien. That section was repealed by , .
Amendments
Pub. L. 98–5731984— inserted provision making this section applicable to licensed customs brokers who otherwise possess a lien for the purposes stated above upon the merchandise under the statutes or common law, or by order of any court of competent jurisdiction, of any State.
Pub. L. 91–2711970— substituted reference to customs officer for reference to collector of customs.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Pub. L. 98–573section 214(d) of Pub. L. 98–573section 1304 of this titleAmendment by effective on close of 180th day following , 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 .
Plan Amendments Not Required Until January 1, 1989
Pub. L. 99–514section 1140 of Pub. L. 99–514section 401 of Title 26For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1801–1899A] of require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after , see , as amended, set out as a note under , Internal Revenue Code.