other inland carrier, and shall be returned to the collector of the port where such articles are entered within ninety days from the date of importation intact, the collector shall take charge of such package and dispose of it as unclaimed merchandise, and the duties paid shall be refunded by the Secretary of the Treasury out of any moneys in the Treasury not otherwise appropriated; and the express company or other inland carriers shall be relieved of any liability therefor under its bond; and before any express company or other inland carrier shall be permitted to receive and transport any such articles they shall become bound to the United States in such bonds, in such form and amount, and with such conditions not inconsistent with law as the Secretary of the Treasury may require. (June 8, 1896, ch. 371, § 2, 29 Stat. 263.) CROSS REFERENCES Merchandise under terms of this section to be admitted to entry under regulations prescribed by the Secretary of the Treasury, see section 1498 (a) (11) of this title. § 474. Merchandise corded and sealed; record. Articles transported under the provisions of sections 472-475 of this title shall be corded and sealed in such manner as shall from time to time be prescribed by the Secretary of the Treasury; and the collector of the port of first arrival shall retain in his office a permanent record of such merchandise so forwarded. (June 8, 1896, ch. 371, § 3, 29 Stat. 263.) CROSS REFERENCES Merchandise under terms of this section to be admitted to entry under regulations prescribed by the Secretary of the Treasury, see section 1498 (a) (11) of this title. § 475. Consignment to carrier; invoice; delivery. Such packages may be consigned to and entered by the agents of the express company or other inland carrier or steamship company, who shall at the time of entry state the ultimate consignee, and in all cases where a certified or other invoice is required by law such invoice may be attached to or inclosed in the package, under such regulations as the Secretary of the Treasury may prescribe; and the delivery of such articles to the express company or other inland carrier shall not be delayed because of the nonarrival of the triplicate invoice, but the ultimate consignee shall be liable for any increased duty found due on reliquidation, if any, after receipt of said merchandise from the express company or other inland carrier or steamship company making entry under this section and sections 472-474 of this title. (June 8, 1896, ch. 371, § 4, 29 Stat. 263.) CROSS REFERENCES Merchandise not to be admitted to entry without production of certified invoice, see section 1484 (b) of this title. Merchandise under terms of this section to be admitted to entry under regulations prescribed by the Secretary of the Treasury, see section 1498 (a) (11) of this title. PART 5.-ENFORCEMENT PROVISIONS § 481. Repealed. June 17, 1930, ch. 497, title IV, § 651 (a) (1), 46 Stat. 762, eff. June 18, 1930. Section, act Sept. 21, 1922, ch. 356, title IV, § 581, 42 Stat. 979, related to seizure of vessel or merchandise. Corre sponding provisions of Tariff Act of 1930, see section 1581 of this title. § 482. Search of vehicles and persons. Any of the officers or persons authorized to board or search vessels may stop, search, and examine, as well without as within their respective districts, any vehicle, beast, or person, on which or whom he or they shall suspect there is merchandise which is subject to duty, or shall have been introduced into the United States in any manner contrary to law, whether by the person in possession or charge, or by, in, or upon such vehicle or beast, or otherwise, and to search any trunk or envelope, wherever found, in which he may have a reasonable cause to suspect there is merchandise which was imported contrary to law; and if any such officer or other person so authorized shall find any merchandise on or about any such vehicle, beast, or person, or in any such trunk or envelope, which he shall have reasonable cause to believe is subject to duty, or to have been unlawfully introduced into the United States, whether by the person in possession or charge, or by, in, or upon such vehicle, beast, or otherwise, he shall seize and secure the same for trial. (R. S. § 3061.) DERIVATION Act July 18, 1866, ch. 201, § 3, 14 Stat. 178. § 483. Forfeitures; penalty for aiding unlawful importation. (a) All vessels, with the tackle, apparel, and furniture thereof, and all vehicles, animals, aircraft, and things with the tackle, harness, and equipment thereof, used in, or employed to aid in, or to facilitate by obtaining information or otherwise, the unlading, bringing in, importation, landing, removal, concealment, harboring, or subsequent transportation of any merchandise upon the same or otherwise unlawfully introduced, or attempted to be introduced into the United States, shall be seized and forfeited. (b) Any member of the crew of any such vessel and any person who assists, finances, directs, or is otherwise concerned in the unlading, bringing in, importation, landing, removal, concealment, harboring, or subsequent transportation of any such merchandise exceeding $100 in value, or into whose control or possession the same shall come without lawful excuse, shall, in addition to any other penalty, be liable to a penalty equal to the value of such goods, to be recovered in any court of competent jurisdiction, or to imprisonment for not more than five years, or both. (R. S. § 3062; Aug. 5, 1935, ch. 438, title II, § 208, 49 Stat. 526.) DERIVATION Act July 18, 1866, ch. 201, § 3, 14 Stat. 178. Felony and misdemeanor defined, see section 1 of Title 18, Crimes and Criminal Procedure. S$ 484-493. Repealed. June 17, 1930, ch. 497, title IV, § 651 (a) (1), 46 Stat. 762, eff. June 18, 1930. Sections, act Sept. 21, 1922, ch. 356, title IV, §§ 582-591, 42 Stat. 979-981, related to examination of persons and baggage, production and certification of manifests, and enforcement provisions. Provisions of Tariff Act of 1930 corresponding to section 484, see section 1582 of this title; section 485, see section 1583; section 486, see section 1584; section 487, see section 1585; section 488, see section 1586; section 489, see section 1586 (d); section 490, see section 1588; section 491, see section 1589; section 492, see section 1590; section 493, see section 1591. § 494. Seizure of merchandise as security for fines; release on bond. Any merchandise entered by any person or persons violating any of the provisions of section 12 of Act June 22, 1874, ch. 391, 18 Stat. 188, but not subject to forfeiture under the same section, may, while owned by him or them, or while in his or their possession, to double the amount claimed, be taken by the collector and held as security for the payment of any fine or fines incurred as aforesaid, or may be levied upon and sold on execution to satisfy any judgment recovered for such fine or fines. But nothing herein contained shall prevent any owner or claimant from obtaining a release of such merchandise on giving a bond, with sureties satisfactory to the collector, or, in case of judicial proceedings, satisfactory to the court, or the judge thereof, for the payment of any fine or fines so incurred. Such merchandise shall in no case be released until all accrued duties thereon shall have been paid or secured. (June 22, 1874, ch. 391, § 13, 18 Stat. 188.) REFERENCES IN TEXT Section 12 of act June 22, 1874, referred to in text, was repealed by act June 10, 1890, ch. 407, § 29, 26 Stat. 141. For corresponding provisions in the Tariff Act of 1930, see section 1591 of this title. $$ 495-505. Repealed. June 17, 1930, ch. 497, title IV, § 651 (a) (1), 46 Stat. 762, eff. June 18, 1930. Sections, act Sept. 21, 1922, ch. 356, title IV, §§ 592, 593 (a), 593 (b), 594601, 42 Stat. 982-984, related to seizure and forfeiture of vessels, vehicles and merchandise. Provisions of Tariff Act of 1930 corresponding to section 495, see section 1592 of this title; section 496, see section 1593 (a); section 497, see section 1593 (b) (c); section 498, see section 1594; section 499, see section 1595; section 500, see section 1596; section 501, see section 1597; section 502, see section 1598; section 503, see section 1599; section 504, see section 1600; section 505, see section 1601. § 506. Repealed. Aug. 5, 1935, ch. 438, § 203 (b), 49 Stat. 523. Section, R. S. § 3072, related to duty of customs officers to seize and make secure vessels or merchandise. § 507. Officers to make character known. Every officer or other person authorized to make searches and seizures by this title, shall, at the time of executing any of the powers conferred upon him, make known, upon being questioned, his character as an officer or agent of the customs or Government, and shall have authority to demand of any person within the distance of three miles to assist him in making any arrests, search, or seizure authorized by this title, where such assistance may be necessary; and if such person shall, without reasonable excuse, neglect or refuse so to assist, upon proper demand, he shall be deemed guilty of a misdemeanor, punishable by a fine of not more than $200, nor less than $5. (R. S. § 3071.) DERIVATION Act July 18, 1866, ch. 201, § 10, 14 Stat. 180. REFERENCES IN TEXT Word "title" refers to sections 5, 6, 8, 9-12, 14-18, 21-24, 26, 27, 31-35, 37, 39-47, 53-61, 129, 134, 152, 192, 197, 199, 232, 233, 240, 257, 258, 273-275, 282-294, 338— 341, 376, 378, 379, 390, 391, 420, 482, 483, 506-508, 526, 528, 574 of this title; section 57 of Title 5, Executive Departments and Government Officers and Employees, and sections 110-112, 123, 124 of Title 46, Shipping. § 508. Persons making seizures pleading general issue and proving special matter. If any officer, or other person, executing or aiding or assisting in the seizure of goods, under any Act providing for or regulating the collection of duties on imports or tonnage, is sued for anything done in virtue of the powers given thereby, or by virtue of a warrant granted by any judge, or justice, pursuant to law, he may plead the general issue and give such Act and the special matter in evidence. (R. S. § 3073.) DERIVATION Act Mar. 2, 1799, ch. 22, § 71, 1 Stat. 678. FEDERAL RULES OF CIVIL PROCEDURE General rules of pleading, see Rule 8, following section 2072 of Title 28, Judiciary and Judicial Procedure. Supersedure of method of procedure prescribed in this section, see note by Advisory Committee under Rule 8. S$ 509-521. Repealed. June 17, 1930, ch. 497, title IV, § 651 (a) (1), 46 Stat. 762, eff. June 18, 1930. Sections, act Sept. 21, 1922, ch. 356, title IV, §§ 602-614, 42 Stat. 984-987, related to pleading, procedure and disposition of seized articles or proceeds therefrom. Provisions of Tariff Act of 1930 corresponding to section 509, see section 1602 of this title; section 510, see section 1603; section 511, see section 1604; section 512, see section 1605; section 513, see section 1606; section 514, see section 1607; section 515, see section 1608; section 516, see section 1609; section 517, see section 1610; section 518, see section 1611; section 519, see section 1612; section 520, see section 1613; section 521, see section 1614. §§ 522-524. Repealed. Aug. 27, 1935, ch. 740, § 308, 49 Stat. 880. Sections, act Mar. 3, 1925, ch. 438, §§ 1-3, 43 Stat. 1116, as amended by act May 27, 1930, ch. 342, § 9, 46 Stat. 430, related to summary forfeiture of vessels or vehicles. § 525. Repealed. June 17, 1930, ch. 497, title IV, § 651 (a) (1), 46 Stat. 762, eff. June 18, 1930. Section, act Sept. 21, 1922, ch. 356, title IV, § 615, 42 Stat. 987, related to burden of proof in proceedings for forfeiture of seized property. Corresponding provisions of Tariff Act of 1930, see section 1615 of this title. age, drayage, labor, and services, shall be covered into the Treasury as are other miscellaneous receipts. (Mar. 4, 1907, ch. 2918, § 1, 34 Stat. 1315.) CROSS REFERENCES Proceeds from sale of forfeited articles to be deposited, after deduction of actual expenses of seizure, publication, and sale in Treasury of United States, see section 1609 of this title. Reimbursable charges to be deposited as a refund to appropriation from which paid instead of being covered into Treasury, see section 1524 of this title. § 528. Collector to receive amount recovered. The collector within whose district any seizure shall be made or forfeiture incurred for any violation of the duty laws is authorized to receive from the court within which trial is had, or from the proper officer thereof, the sum recovered, after deducting all proper charges to be allowed by the court: and on receipt thereof he shall pay and distribute the same without delay, according to law. (R. S. § 3087; June 17, 1930, ch. 497, title IV, § 604, 46 Stat. 754.) § 529. Repealed. June 17, 1930, ch. 497, title IV, § 651 (a) (1), 46 Stat. 762, eff. June 18, 1930. Section, act Sept. 21, 1922, ch. 356, title IV, § 616, 42 Stat. 987, related to compromise of claims. Corresponding provisions of Tariff Act of 1930, see section 1616 of this title. § 530. Dismissal of proceedings. CODIFICATION Section, act Jan. 22, 1875, ch. 22, 18 Stat. 303, related to act June 22, 1874, ch. 391, § 19, 18 Stat. 190, which was repealed by act Sept. 21, 1922, ch. 356, § 643, 42 Stat. 989. §§ 531-534. Repealed. June 17, 1930, ch. 497, title IV, § 651 (a) (1), 46 Stat. 762, eff. June 18, 1930. Sections, act Sept. 21, 1922, ch. 356, title IV. §§ 617-620, 42 Stat. 987, 988, related to remission or mitigation of fines, penalties, or forfeitures, and compensation of informers and United States officers. Provisions of Tariff Act of 1930 corresponding to section 531, see section 1617 of this title; section 532, see section 1618; section 533, see section 1619; section 534, see section 1620. § 535. Compulsory production of books, invoices, or papers. In all suits and proceedings other than criminal arising under any of the revenue laws of the United States, the attorney representing the Government, whenever, in his belief, any business book, invoice, or paper, belonging to or under the control of the defendant or claimant, will tend to prove any allegation made by the United States, may make a written motion, particularly describing such book, invoice, or paper, and setting forth the allegation which he expects to prove; and thereupon the court in which suit or proceeding is pending may, at its discretion, issue a notice to the defendant or claimant to produce such book, invoice, or paper in court, at a day and hour to be specified in said notice, which, together with a copy of said motion, shall be served formally on the defendant or claimant by the United States marshal by delivering to him a certified copy thereof, or otherwise serving the same as original notices of suit in the same court are served; and if the defendant or claimant shall fail or refuse to produce such book, invoice, or paper in obedience to such notice, the allegations stated in the said motion shall be taken as confessed unless his failure or refusal to produce the same shall be explained to the satisfaction of the court. And if produced, the said attorney shall be permitted, under the direction of the court, to make examination (at which examination the defendant or claimant, or his agent, may be present) of such entries in said book, invoice, or paper as relate to or tend to prove the allegation aforesaid, and may offer the same in evidence on behalf of the United States. But the owner of said books and papers, his agent or attorney, shall have, subject to the order of the court, the custody of them, except pending their examination in court as aforesaid. (June 22, 1874, ch. 391, § 5, 18 Stat. 187.) CONSTITUTIONALITY This section held unconstitutional as applied to a suit to enforce a forfeiture decided to be criminal in its nature in Boyd v. U. S. ((1886), 116 U. S. 616, 6 S. Ct. 524, 29 U. S. (L. Ed.) 746.) § 536. Repealed. June 17, 1930, ch. 497, title IV, § 651 (a) (1), 46 Stat. 762, eff. June 18, 1930. Section, act Sept. 21, 1922, ch. 356, title IV, § 621, 42 Stat. 988, related to limitation of actions for penalties or forfeitures. Corresponding provisions of Tariff Act of 1930, see section 1621 of this title. § 537. Officers, informers, and defendants as witnesses. No officer, or other person entitled to or claiming compensation under any provision of Act June 22, 1874 (chapter 391, 18 Statutes 188) shall be thereby disqualified from becoming a witness in any action, suit, or proceeding for the recovery, mitigation, or remission thereof, but shall be subject to examination and cross-examination in like manner with other witnesses, without being thereby deprived of any right, title, share, or interest in any fine, penalty, or forfeiture to which such examination may relate; and in every such case the defendant or defendants may appear and testify and be examined and crossexamined in like manner. (June 22, 1874, ch. 391, § 8, 18 Stat. 188.) REFERENCES IN TEXT Section 4 of act June 22, 1874, referred to in the text. providing for compensation to officers of the customs or other persons detecting goods being smuggled, was repealed by act Sept. 21, 1922, ch. 356, title IV, § 643, 42 Stat. 989. For corresponding provisions in the Tariff Act of 1930, see section 1619 of this title. §§ 538, 539. Repealed. June 17, 1930, ch. 497, title IV, § 651 (a) (1), 46 Stat. 762, eff. June 18, 1930. Sections, act Sept. 21, 1922, ch. 356, title IV, §§ 622, 623, 42 Stat. 988, related to extensions of time and general rules and regulations. Provisions of Tariff Act of 1930 corresponding to section 538, see section 1318 of this title; section 539, see section 1624. § 540. President may use suitable vessels for enforcing customs laws. In the execution of laws providing for the collection of duties on imports and tonnage, the President, in addition to the Coast Guard cutters in service, may employ in aid thereof such other suitable vessels as may, in his judgment, be required. (R. S. § 5318; Aug. 4, 1949, ch. 393, §§ 1, 20, 63 Stat. 495.) DERIVATION Act July 13, 1861, ch. 3, § 7, 12 Stat. 257. AMENDMENTS 1949-Act Aug. 4, 1949, amended section by reestablishing the Coast Guard and by repealing act Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800, formerly credited to section. EFFECTIVE DATE OF 1949 AMENDMENT Amendment of section by said act Aug. 4, 1949, effective as of the first day of the third month after the month of approval, August 1949, see note set out preceding chapter 1 of Title 14, Coast Guard. § 541. Small boats for use of customs officials. The collector of each district may, with the approval of the Secretary of the Treasury, provide and employ such small open row and sail boats, and persons to serve in them, as shall be necessary for the use of the surveyors and inspectors in going on board of vessels and otherwise, for the better detection of frauds. (R. S. § 2763.) DERIVATION Act Mar. 2, 1799, ch. 22, § 101, 1 Stat. 700. § 542. Motor boat for Corpus Christi; use elsewhere. The Secretary of the Treasury may use the gasoline motor boat provided for service in the customs collection at Corpus Christi, Texas, elsewhere than at Corpus Christi as the exigencies of the service may require. (Feb. 10, 1913, ch. 35, 37 Stat. 665.) PART 6.-GENERAL PROVISIONS S$ 571-573. Repealed. June 17, 1930, ch. 497, title IV, § 651 (a) (1), 46 Stat. 762, eff. June 18, 1930. Sections, act Sept. 21, 1922, ch. 356, title III, §§ 320, 321, title IV, § 641, 42 Stat. 947, 989, related to provisions as to effect of repeals, Treaty with Cuba and certain laws unaffected. Provisions of Tariff Act of 1930 corresponding to section 571, see section 1651 (c) of this title; section 572, see section 1316; section 573, none. § 574. Exemption from taking other oaths. Nothing contained in this title shall be construed to exempt the masters or owners of vessels from making and subscribing any oaths required by any laws of the United States not immediately relating to the collection of the duties on the importation of merchandise into the United States. (R. S. § 3094.) DERIVATION Act Mar. 2, 1799, ch. 22, § 110, 1 Stat. 703. REFERENCES IN TEXT Word "title" refers to sections 5, 6, 8, 9-12, 14-18, 21-24, 26, 27, 31-35, 37, 39-47, 53-61, 129, 134, 152, 192, 197, 199, 232, 233, 240, 257, 258, 273-275, 282-294, 338341, 376, 378, 379, 390, 391, 420, 482, 483, 506-508, 526, 528, 574 of this title; section 57 of Title 5, Executive Departments and Government Officers and Employees, and sections 110-112, 123, 124, of Title 46, Shipping. §§ 575, 576. Repealed. June 17, 1930, ch. 497, title IV, § 651 (a) (1), 46 Stat. 762. Sections, act Sept. 21, 1922, ch. 356, title IV, §§ 645, 647, 42 Stat. 990, related to effect of partial invalidity and citation of chapter. Provisions of Tariff Act of 1930 corresponding to section 575, see section 1652 of this title. § 577. Repealed. Oct. 31, 1951, ch. 655, § 56 (d), 65 Stat. 729. Section, act Mar. 8, 1902, ch. 140, § 8, 32 Stat. 55, made, "except as otherwise provided by law", the provisions of subtitle IV of this chapter applicable to all articles coming into the United States from the "Philippine Archipelago". Prior to this repeal, it had been omitted from the Code as obsolete in view of the independence of the Philippines. SAVINGS CLAUSE Subsec. (1) of section 56 of act Oct. 31, 1951, provided that the repeal of this section should not affect any rights or liabilities existing hereunder on the effective date of such repeal (Oct. 31, 1951). § 578. Repealed. June 17, 1930, ch. 497, title IV, § 651 (a) (1), 46 Stat. 762, eff. June 18, 1930. Section, act May 29, 1928, ch. 852, § 708, 45 Stat. 881, related to definition of motor boat. Corresponding provisions of Tariff Act of 1930, see section 1001, par. 370. § 579. Suits on bonds for recovery of duties; judgment; continuance. When suit is brought on any bond for the recovery of duties due to the United States, it shall be the duty of the court to grant judgment at the return term, upon motion, unless the defendant in open court (the United States attorney being present) makes oath that an error has been committed in the liquidation of the duties demanded upon such bond, specifying the errors alleged to have been committed, and that the same have been notified in writing to the collector of the district before the said return term; whereupon a continuance may be granted until the next term, and no longer, if the court is satisfied that such continuance is necessary for the attainment of justice. (R. S. § 960.) 1351. 1352. 1353. 1354. (a) Additional duties. (b) Exclusion from importation. (c) Application of proclamation. (d) Duties to offset commercial disadvantages. (e) Duties to offset benefits to third country. (1) Forfeiture of articles. (g) Ascertainment by Commission of dis criminations. (h) Rules and regulations of Secretary of Treasury. (1) Definition. Effect of reenactment of existing law. Domestic value-Conversion of rates. Interference with functions of Commission. (a) Interfering with or influencing the Commission or its employees. (b) Penalty. (c) Definition. PART III.-PROMOTION OF FOREIGN TRADE Foreign-trade agreements. (a) Authority of President; modification of (b) Cuba; preferential customs treatment. Equalization of costs of production; classification; Indebtedness of foreign countries, effect on. 1355. Importation of coffee under Inter-American Coffee Agreement; prohibition against violating Agreement. |