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SEC. 915. FALSITY OR LACK OF MANIFEST: PENALTY. (a) Any master of any vessel [and any person in charge of any vehicle] bound to the United States who does not produce the manifest to the officer demanding the same shall be liable to a penalty of $500, and if any merchandise, including sea stores, is found on board of or after having been unladen from such vessel [or vehicle] which is not included or described in said manifest or does not agree therewith, the master or owner of such vessel [or the person in charge of such vehicle or the owner of such vessel or vehicle] shall be liable to a penalty equal to the value of the merchandise so found or unladen, and any such merchandise belonging or consigned to the master or other officer or to any of the crew of such vessel [, or to the owner or person in charge of such vehicle,] shall be subject to forfeiture, and if any merchandise described in such manifest is not found on board the vessel [or vehicle], the master or other person in charge or the owner of such vessel [or vehicle] shall be subject to a penalty of $500: Provided, That if the [collector] officer or employee designated by the Secretary for that purpose shall be satisfied that the manifest was lost or mislaid without intentional fraud, or was defaced by accident, or is incorrect by reason of clerical error or other mistake and that no part of the merchandise not found on board was unshipped or discharged except as specified in the report of the master, said penalties shall not be incurred.

(b) If any of such merchandise so found consists of heroin, morphine, cocaine, isonipecaine, or opiate, the master or owner of such vessel [or person in charge of such vehicle or the owner of such vessel or vehicle] shall be liable to a penalty of $50 for each ounce thereof so found. If any of such merchandise so found consists of smoking opium, opium prepared for smoking, or marihuana, the master or owner of such vessel [or person in charge of such vehicle or the owner of such vessel or vehicle] shall be liable to a penalty of $25 for each ounce thereof so found. If any of such merchandise so found consists of crude opium, the master or owner of such vessel [or person in charge of such vehicle or the owner of such vessel or vehicle] shall be liable to a penalty of $10 for each ounce thereof so found. Such penalties shall, notwithstanding the proviso in section 594 of [this Act] the Tariff Act of 1930 (relating to the immunity of vessels or vehicles used as common carriers), constitute a lien upon such vessel which may be enforced by a libel in rem; except that the master or owner of a vessel used by any person as a common carrier in the transaction of business of such common carrier shall not be liable to such penalties and the vessel shall not be held subject to the lien, if it appears to the satisfaction of the court that neither the master nor any of the officers (including licensed and unlicensed officers and petty officers) nor the owner of the vessel knew, and could not, by the exercise of the highest degree of care and diligence, have known, that such narcotic drugs were on board. Clearance of any such vessel may be withheld until such penalties are paid or until a bond, satisfactory to the collector] officer or employee designated by the Secretary for that purpose, is given for the payment thereof. The provisions of this paragraph shall not prevent the forfeiture of any such vessel [or vehicle] under any other provision of law. The words isonipecaine, opiate, and marihuana as used in this paragraph shall have the same meaning as defined in [sections 3228(e), 3228(f) and 3238(b)] subsections (f) and (g) of section 4731 and paragraph (2) of section 4761, respectively, of [Title] title 26, United States Code.

(c) If any of such merchandise (sea stores excepted), the importation of which into the United States is prohibited, or which consists of any spirits, wines, or other alcoholic liquors for the importation of which into the United States a certificate is required under section [7] 1105 of [the Anti-Smuggling] this Act and the required certificate be not shown, be so found upon any vessel not exceeding five hundred net tons, the vessel shall, in addition to any other penalties herein or by law provided, be seized and forfeited, and, if any manifested merchandise (sea stores excepted) consisting of any such spirits, wines, or other alcoholic liquors be found upon any such vessel and the required certificate be not shown, the master of the vessel shall be liable to the penalty herein provided in the case of merchandise not duly manifested: Provided, That if the [collector] officer or employee designated by the Secretary for that purpose shall be satisfied that the certificate required for the importation of any spirits, wines, or other alcoholic liquors was issued and was lost or mislaid without intentional fraud, or was defaced by accident, or is incorrect by reason of clerical error or other mistake, said penalties shall not be incurred.

NOTE

This section is based on title 19, U.S.C., 1964 ed., § 1584 (June 17, 1930, c. 497, title IV, § 584, 46 Stat. 748; Aug. 5, 1935, c. 438, title II, § 204, 49 Stat. 523; July 1, 1944, c. 377, §10, 58 Stat. 722; Mar. 8, 1946, c. 81, § 9, 60 Stat. 39; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

This section, which has been divided into subsections to conform to the general arrangement of this act, is an adaptation of so much of § 584 of the Tariff Act of 1930, as amended (19 U.S.C. 1584), as relates to penalties incurred if a vessel bound to the United States lacks the required manifest or if her manifest be false. References to "any person in charge of any vehicle," "or vehicle," "or the person in charge of such vehicle or the owner of such *** vehicle," and to variations thereof have been omitted as referring to matters beyond the scope of this act.

The words "officer or employee designated by the Secretary for that purpose" have been substituted for "collector" in each subsection in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs]. The citations "subsections (f) and (g) of section 4731 and paragraph (2) of section 4761" have been substituted for "sections 3228 (e), 3228(f), and 3238(b)" in subsection (b) of this section because "sections 3228(e), 3228(f), and 3238(b)" referred to sections of the Internal Revenue Code of 1939 and have been superseded by subsections (f) and (g) of section 4731 and paragraph (2) of section 4761 of the Internal Revenue Code of 1954, act Aug. 16, 1954, c. 736, 68A Stat. Additional changes have been made in phraseology as required in the context of this act.

SEC. 916. DELIVERY AND CORRECTION OF MANIFESTS.-Immediately upon arrival and before entering his vessel, the master of a vessel from a foreign port or placed required to make entry shall mail or deliver to such officer or employee as the Secretary [of the Treasury shall designate[] a copy of the manifest, and shall on entering his vessel make affidavit that a true and correct copy was so mailed or delivered [,]. [and he] He shall also mail or deliver to such officer or employee [designated by the Secretary] a true and correct copy of any correction of such manifest filed on entry of his vessel, [. Any master who fails so to mail or deliver such copy of the manifest or correction thereof shall be liable to a penalty of not more than $500.] and [If] if there is any merchandise or baggage

on board such vessel which is not included in or which does not agree with the manifest, [the master of the vessel] he shall make a post entry thereof[,] and mail or deliver a copy to such officer or employee. [as the Secretary of the Treasury shall designate and for failure so to do] Any master who fails so to mail or deliver such copy of the manifest, correction thereof, or post entry, as hereinbefore required, shall be liable to a penalty of $500.

NOTE

This section is based on title 19, U.S.C., 1964 ed., §§ 1439, 1440 (June 17, 1930, c. 497, title IV, § 439, 440, 46 Stat. 712; Aug. 8, 1953, c. 397, §§ 2(b), 2(c), 67 Stat. 507, 508.)

This section combines §§ 439 and 440, as amended, of the Tariff Act of 1930 (19 U.S.C. 1439, 1440).

The words "of the Treasury" following "Secretary" have been deleted as surplusage because "Secretary" is defined as "Secretary of the Treasury" in section 101 of this act.

Changes have been made in phraseology as required in the context of this act.

SEC. 917. MANIFEST TO SPECIFY SEA AND SHIP'S STORES.-The manifest of any vessel arriving from a foreign port or place shall separately specify the articles to be retained on board of such vessel as sea stores, ship's stores, or bunker coal, or bunker oil, and if any other or greater quantity of sea stores, ship's stores, bunker coal, or bunker oil is found on board of any such vessel than is specified in the manifest, or if any such articles, whether shown on the manifest or not, are landed without a permit therefor issued by the [collector] officer or employee designated by the Secretary for that purpose, all such articles omitted from the manifest or landed without a permit shall be subject to forfeiture, and the master shall be liable to a penalty equal to the value of the articles.

NOTE

This section is based on title 19, U.S.C., 1964 ed., § 1432 (June 17, 1930, c. 497, title IV, § 432, 46 Stat. 710; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

The words "officer or employee designated by the Secretary for that purpose" have been substituted for "collector" in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs]."

SEC. 918. VESSEL WITH RESIDUE CARGO.-Any vessel having on board merchandise shown by the manifest to be destined to a foreign port or place may, after the report and entry of such vessel under the provisions of this [Act] chapter, proceed to such foreign port of destination with the cargo so destined therefor, without unlading the same and without the payment of duty thereon. Any vessel arriving from a foreign port or place having on board merchandise shown by the manifest to be destined to a port or ports in the United States other than the port of entry at which such vessel first arrived and made entry may proceed with such merchandise from port to port or from district to district for the unlading thereof.

NOTE

This section is based on title 19, U.S.C., 1964 ed., § 1442 (June 17, 1930, c. 497, title IV, § 442, 46 Stat. 713).

Changes have been made in phraseology as required in the context of this act.

SEC. 919. SUPPLIES AND STORES RETAINED ON BOARD.-Vessels arriving in the United States from foreign ports may retain on board, without the payment of duty, all coal and other fuel supplies, ships' stores, sea stores, and the legitimate equipment of such vessels. Any such supplies, ships' stores, sea stores, or equipment landed and delivered from such vessel shall be considered and treated as imported merchandise: Provided, That bunker coal, bunker oil, ships' stores, sea stores, or the legitimate equipment of vessels belonging to regular lines plying between foreign ports and the United States, which are delayed in port for any cause, may be transferred under a permit granted by the [collector] officer or employee designated by the Secretary for that purpose and under customs supervision from the vessel so delayed to another vessel of the same line and owner, and engaged in the foreign trade, without the payment of duty thereon.

NOTE

This section is based on title 19, U.S.C., 1964 ed., § 1446 (June 17, 1930, c. 497, title IV, § 446, 46 Stat. 713; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

The words "officer or employee designated by the Secretary for that purpose” have been substituted for "collector" in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs]."

A change has been made in phraseology.

SEC. 920. VESSELS ON THE NORTHERN, NORTHEASTERN, AND NORTHWESTERN FRONTIERS; OATH OF MASTER.-In the oath to be taken by the master of any vessel enrolled [or] and licensed to engage in the foreign and coasting trade on the northern, northeastern, and northwestern frontiers of the United States on making a report of merchandise purchased in a foreign country for the use of the vessel, he shall declare that such articles purchased for use of the vessel, designated "sea stores", are truly intended for the use exclusively of the vessel, and are not intended for sale, transfer, or private use. If any other or greater quantity of dutiable articles shall be found on board such vessel than are specified in such report or entry of such articles or any part thereof shall be landed without a permit from [a collector or other officer of the customs] an officer or employee designated by the Secretary for that purpose, such articles, together with the vessel, her apparel, tackle, and furniture, shall be forfeited.

NOTE

This section is based on title 19, U.S.C., 1964 ed., § 282 (R.S. § 3111; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

The word "and" has been substituted for "or" between "enrolled" and "licensed" because a vessel engaged in the foreign and coasting trade on the northern, northeastern, and northwestern frontiers of the United States is required to be

"enrolled and licensed" by R.S. § 4318, as amended, 46 U.S.C. 258 (section 233 of this act).

The words "an officer or employee designated by the Secretary for that purpose" have been substituted for "a collector or other officer of the customs" in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs]."

SEC. 921. SAME: SUPPLIES, MERCHANDISE, REPARIS, OR EQUIF MENT PURCHASED AT FOREIGN PORTS TO BE REPORTED.—The master of any vessel of the United States documented to engage in the foreign. and coasting trade on the northern, northeastern, and northwestern frontiers shall, upon arrival from a foreign contiguous territory, file with the manifest of such vessel a detailed list of all supplies or other merchandise purchased in such foreign country for use or sale on such vessel, and also a statement of the cost of all repairs to and all equipment taken on board such vessel. [The conductor or person in charge of any railway car arriving from a contiguous country shall file with the manifest of such car a detailed list of all supplies or other merchandise purchased in such foreign country for use in the United States. If any such supplies, merchandise, repairs, or equipment shall not be reported, the master[, conductor, or other person having charge] of such vessel [or vehicle] shall be liable to a fine of not less than $100 and not more than $500, or to imprisonment for not more than two years, or both.

NOTE

This section is based on title 19, U.S.C., 1964 ed., § 1465 (June 17, 1930, c. 497, title IV, § 465, 46 Stat. 718).

This section is an adaptation of so much of § 465 of the Tariff Act of 1930 as relates to the duty of the master of a vessel in the circumstances described therein. The second sentence, relating to "The conductor or person in charge of any railway *" and the later reference to "conductor, or other person having charge" of such "vehicle" have been omitted as referring to matters beyond the scope of this act.

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SEC. 922. SAME: DUTY ON SALOON STORES.-Articles purchased for the use of or for sale on board any such vessel, as saloon stores or supplies, shall be deemed merchandise, and shall be liable, when purchased at a foreign port, to entry and the payment of the duties found to be due thereon, at the first port of arrival of such vessel in the United States; and for a failure on the part of the saloon keeper or person purchasing or owning such articles to report, make entries, and pay duties, as [herein before] required [] by section 920 of this Act and by this section, such articles, together with the fixtures and other merchandise, found in such saloon or on or about such vessel, belonging to and owned by such saloon keeper or other person interested in such saloon, shall be seized and forfeited, and such saloon keeper or other person so purchasing and owning shall be liable to a penalty of not less than $100 and not more than $500, and shall be punishable by imprisonment for not less than three months and not more than two years.

NOTE

This section is based on title 19, U.S.C., 1964 ed., § 283 (R.S. § 3113). Changes have been made in phraseology as required in the context of this act.

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