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19 U.S.C. § 1491 — Unclaimed merchandise; disposition of forfeited distilled spirits, wines and malt liquor

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1491 — Unclaimed merchandise; disposition of forfeited distilled spirits, wines and malt liquor

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Stable record: federal_law:legal_authorities:record_usc_056491219ecf39d209a682bb
Source file: Laws/federal/codes/united-states-code/title-19/section-1491-unclaimed-merchandise-disposition-of-forfeited-distilled-spirits-wines-a--b741bd6ebe.md
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Source location: Title 19, Chapter 4, § 1491; chapter-004-tariff-act-of-1930.md

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**(a) Appraisal and sale of unclaimed merchandise** Any entered or unentered merchandise (except merchandise entered under [section 1557 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1557&num=0&edition=prelim), but including merchandise entered for transportation in bond or for exportation) which shall remain in a bonded warehouse pursuant to [section 1490 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1490&num=0&edition=prelim) for 6 months from the date of importation thereof, without all estimated duties, taxes, fees, interest, storage, or other charges thereon having been paid, shall be considered unclaimed and abandoned to the Government and shall be appraised and sold by the Customs Service at public auction under such regulations as the Secretary of the Treasury shall prescribe. All gunpowder and other explosive substances and merchandise liable to depreciation in value by damage, leakage, or other cause to such extent that the proceeds of sale thereof may be insufficient to pay the duties, taxes, fees, interest, storage, and other charges, if permitted to remain in 11 So in original. The word “in” probably should not appear. pursuant to [section 1490 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1490&num=0&edition=prelim) in a bonded warehouse for 6 months, may be sold forthwith, under such regulations as the Secretary of the Treasury may prescribe. Merchandise subject to sale hereunder or under [section 1559 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1559&num=0&edition=prelim) may be entered or withdrawn for consumption at any time prior to such sale upon payment of all duties, taxes, fees, interest, storage, and other charges, and expenses that may have accrued thereon, but such merchandise after becoming subject to sale may not be exported prior to sale without the payment of such duties, taxes, fees, interest, charges, and expenses nor may it be entered for warehouse. The computation of duties, taxes, interest, and fees for the purposes of this section and sections 1493 and 1559 of this title shall be at the rate or rates applicable at the time the merchandise becomes subject to sale. **(b) Notice of title vesting in United States** At the end of the 6-month period referred to in subsection (a), the Customs Service may, in lieu of sale of the merchandise, provide notice to all known interested parties that the title to such merchandise shall be considered to vest in the United States free and clear of any liens or encumbrances, on the 30th day after the date of the notice unless, before such 30th day— (1) the subject merchandise is entered or withdrawn for consumption; and (2) payment is made of all duties, taxes, fees, transfer and storage charges, and other expenses that may have accrued thereon. **(c) Retention, transfer, destruction, or other disposition** If title to any merchandise vests in the United States by operation of subsection (b), such merchandise may be retained by the Customs Service for official use, transferred to any other Federal agency or to any State or local agency, destroyed, or otherwise disposed of in accordance with such regulations as the Secretary shall prescribe. All transfer and storage charges or expenses accruing on retained or transferred merchandise shall be paid by the receiving agency. **(d) Petition** Whenever any party, having lost a substantial interest in merchandise by virtue of title vesting in the United States under subsection (b), can establish such title or interest to the satisfaction of the Secretary within 30 days after the day on which title vests in the United States under subsection (b), or can establish to the satisfaction of the Secretary that the party did not receive notice under subsection (b), the Secretary may, upon receipt of a timely and proper petition and upon finding that the facts and circumstances warrant, pay such party out of the Treasury of the United States the amount the Secretary believes the party would have received under [section 1493 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1493&num=0&edition=prelim) had the merchandise been sold and a proper claim filed. The decision of the Secretary with respect to any such petition is final and conclusive on all parties. **(e) Appraisal and sale or other disposition of forfeited distilled spirits, wines, and malt liquor** All distilled spirits, wines, and malt liquor forfeited to the Government summarily or by order of court, under any provision of law administered by the United States Customs Service, shall be appraised and disposed of by— (1) delivery to such Government agencies, as in the opinion of the Secretary have a need for such distilled spirits, wines, and malt liquor for medical, scientific, or mechanical purposes, or for any other official purpose for which appropriated funds may be expended by a Government agency: (2) gifts to such eleemosynary institutions as, in the opinion of the Secretary, have a need for such distilled spirits, wines, and malt liquor for medical purposes; (3) sale by Customs Service at public auction under such regulations as the Secretary shall prescribe, except that before making any such sale the Secretary shall determine that no Government agency or eleemosynary institution has established a need for such spirits, wines, and malt liquor under paragraph (1) or (2); or (4) destruction.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1500 — Appraisement, classification, and liquidation procedure

The Customs Service shall, under rules and regulations prescribed by the Secretary— **(a)** fix the final appraisement of merchandise by ascertaining or estimating the value thereof, under [section 1401a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1401a&num=0&edition=prelim), by all reasonable ways and means in his power, any statement of cost or costs of production in any invoice, affidavit, declaration, other document to the contrary notwithstanding; **(b)** fix the final classification and rate of duty applicable to such merchandise; **(c)** fix the final amount of duty to be paid on such merchandise and determine any increased or additional duties, taxes, and fees due or any excess of duties, taxes, and fees deposited; **(d)** liquidate the entry and reconciliation, if any, of such merchandise; and **(e)** give or transmit, pursuant to an electronic data interchange system, notice of such liquidation to the importer, his consignee, or agent in such form and manner as the Secretary shall by regulation prescribe.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1318 — Emergencies

**(a)** Whenever the President shall by proclamation declare an emergency to exist by reason of a state of war, or otherwise, he may authorize the Secretary of the Treasury to extend during the continuance of such emergency the time herein prescribed for the performance of any act, and may authorize the Secretary of the Treasury to permit, under such regulations as the Secretary of the Treasury may prescribe, the importation free of duty of food, clothing, and medical, surgical, and other supplies for use in emergency relief work. The Secretary of the Treasury shall report to the Congress any action taken under the provisions of this section. **(b)** (1) Notwithstanding any other provision of law, the Secretary of the Treasury, when necessary to respond to a national emergency declared under the National Emergencies Act ([50 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1601&num=0&edition=prelim) et seq.) or to a specific threat to human life or national interests, is authorized to take the following actions on a temporary basis: (A) Eliminate, consolidate, or relocate any office or port of entry of the Customs Service. (B) Modify hours of service, alter services rendered at any location, or reduce the number of employees at any location. (C) Take any other action that may be necessary to respond directly to the national emergency or specific threat. (2) Notwithstanding any other provision of law, the Commissioner of U.S. Customs and Border Protection, when necessary to respond to a specific threat to human life or national interests, is authorized to close temporarily any Customs office or port of entry or take any other lesser action that may be necessary to respond to the specific threat. (3) The Secretary of th

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1557 — Entry for warehouse

**(a) Withdrawal of merchandise; time; payment of charges** (1) Any merchandise subject to duty (including international travel merchandise), with the exception of perishable articles and explosive substances other than firecrackers, may be entered for warehousing and be deposited in a bonded warehouse at the expense and risk of the owner 11 So in original. Probably should be followed by a comma. purchaser, importer, or consignee. Such merchandise may be withdrawn, at any time within 5 years from the date of importation, or such longer period of time as the Bureau of Customs and Border Protection may at its discretion permit upon proper request being filed and good cause shown, for consumption upon payment of the duties and charges accruing thereon at the rate of duty imposed by law upon such merchandise at the date of withdrawal; or may be withdrawn for exportation or for transportation and exportation to a foreign country, or for shipment or for transportation and shipment to the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, or the island of Guam, without the payment of duties thereon, or for transportation and rewarehousing at another port or elsewhere, or for transfer to another bonded warehouse at the same port; except that— (A) the total period of time for which such merchandise may remain in bonded warehouse shall not exceed 5 years from the date of importation or such longer period of time as the Bureau of Customs and Border Protection may at its discretion permit upon proper request being filed and good cause shown; and (B) turbine fuel may be withdrawn for use under [section 1309 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1309&num=0&edition=prelim) without the

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1559 — Warehouse goods deemed abandoned after 5 years

Merchandise upon which any duties or charges are unpaid, remaining in bonded warehouse beyond 5 years from the date of importation, or such longer period of time as the Bureau of Customs and Border Protection may at its discretion permit upon proper request being filed and good cause shown, shall be regarded as abandoned to the Government and shall be sold under such regulations as the Secretary of the Treasury shall prescribe, and the proceeds of sale paid into the Treasury, as in the case of unclaimed merchandise covered by [section 1493 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1493&num=0&edition=prelim), subject to the payment to the owner or consignee of such amount, if any, as shall remain after deduction of duties, charges, and expenses. Merchandise upon which all duties and charges have been paid, remaining in bonded warehouse beyond 5 years from the date of importation, or such longer period of time as the Bureau of Customs and Border Protection may at its discretion permit upon proper request being filed and good cause shown, shall be held to be no longer in the custody or control of the officers of the customs.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1490 — General orders

**(a) Incomplete entry** (1) Whenever— (A) the entry of any imported merchandise is not made within the time provided by law or by regulation prescribed by the Secretary; (B) the entry of imported merchandise is incomplete because of failure to pay the estimated duties, fees, or interest; (C) in the opinion of the Customs Service, the entry of imported merchandise cannot be made for want of proper documents or other cause; or (D) the Customs Service believes that any merchandise is not correctly and legally invoiced; the carrier (unless subject to subsection (c)) shall notify the bonded warehouse of such unentered merchandise. (2) After notification under paragraph (1), the bonded warehouse shall arrange for the transportation and storage of the merchandise at the risk and expense of the consignee. The merchandise shall remain in the bonded warehouse until— (A) entry is made or completed and the proper documents are produced; (B) the information and data necessary for entry are transmitted to the Customs Service pursuant to an authorized electronic data interchange system; or (C) a bond is given for the production of documents or the transmittal of data. **(b) Request for possession by Customs** At the request of the consignee of any merchandise, or of the owner or master of the vessel or the person in charge of the vehicle in which the same is imported, any merchandise may be taken possession of by the Customs Service after the expiration of one day after the entry of the vessel or report of the vehicle and may be unladen and held at the risk and expense of the consignee until entry thereof is made. **(c) Government merchandise** Any imported merchandise that— (1) is described in any of subparagraphs (A) through (D) of subsection (a)(1); and

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19 U.S.C. § 1401 — Miscellaneous

When used in this subtitle or in part I of subtitle II— **(a) Vessel** The word “vessel” includes every description of water craft or other contrivance used, or capable of being used, as a means of transportation in water, but does not include aircraft. **(b) Vehicle** The word “vehicle” includes every description of carriage or other contrivance used, or capable of being used, as a means of transportation on land, but does not include aircraft. **(c) Merchandise** The word “merchandise” means goods, wares, and chattels of every description, and includes merchandise the importation of which is prohibited, and monetary instruments as defined in [section 5312 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section5312&num=0&edition=prelim). **(d) Person** The word “person” includes partnerships, associations, and corporations. **(e) Master** The word “master” means the person having the command of the vessel. **(f) Day** The word “day” means the time from eight o’clock antemeridian to five o’clock postmeridian. **(g) Night** The word “night” means the time from five o’clock postmeridian to eight o’clock antemeridian. **(h) United States** The term “United States” includes all Territories and possessions of the United States except the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, and the island of Guam. **(i) Officer of the customs; customs officer** The terms “officer of the customs” and “customs officer” mean any officer of the United States Customs Service of the Treasury Department (also hereinafter referred to as the “Customs Service”) or any commissioned, warrant, or petty officer of the Coast Guard, or any agent or other person, including foreign law enforcement officers, autho

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 211 — National Urban Security Technology Laboratory

**(a) In general** The Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under [section 188(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section188/c/2&num=0&edition=prelim). Such laboratory shall be used to test and evaluate emerging technologies and conduct research and development to assist emergency response providers in preparing for, and protecting against, threats of terrorism. **(b) Laboratory described** The laboratory described in this subsection is the laboratory— (1) known, as of December 27, 2021, as the National Urban Security Technology Laboratory; and (2) transferred to the Department pursuant to [section 183(1)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section183/1/E&num=0&edition=prelim). **(c) Laboratory activities** The National Urban Security Technology Laboratory shall— (1) conduct tests, evaluations, and assessments of current and emerging technologies, including, as appropriate, the cybersecurity of such technologies that can connect to the internet, for emergency response providers; (2) act as a technical advisor to emergency response providers; and (3) carry out other such activities as the Secretary determines appropriate. **(d) Rule of construction** Nothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1493 — Proceeds of sale

The surplus of the proceeds of sales under [section 1491 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1491&num=0&edition=prelim), after the payment of storage charges, expenses, duties, taxes, and fees, and the satisfaction of any lien for freight, charges, or contribution in general average, shall be deposited in the Treasury of the United States, if claim therefor shall not be filed with the Customs Service within ten days from the date of sale, and the sale of such merchandise shall exonerate the master of any vessel in which the merchandise was imported from all claims of the owner thereof, who shall, nevertheless, on due proof of his interest, be entitled to receive from the Treasury the amount of any surplus of the proceeds of sale.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 342 to 375 — Repealed. June 17, 1930, ch. 497, title IV, § 651(a)(1), 46 Stat. 762

### Statutory Notes Sections, act Sept. 21, 1922, ch. 356, title IV, §§ 482(e), (f), 483, 484(a)–(g), 485(a)–(f), 486–497, 498(a), (b), 499, and 500(a)–(c), 42 Stat. 959–965, related to ascertainment, collection and recovery of goods. Provisions of Tariff Act of 1930 corresponding to section 342, see [section 1482(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1482/e&num=0&edition=prelim); section 343, see [section 1482(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1482/f&num=0&edition=prelim); section 344, see [section 1483 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1483&num=0&edition=prelim); section 345, see [section 1484(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1484/a&num=0&edition=prelim); section 346, see [section 1484(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1484/b&num=0&edition=prelim); section 347, see [section 1484(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1484/c&num=0&edition=prelim); section 348, see [section 1484(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1484/d&num=0&edition=prelim); section 349, see [section 1484(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1484/e&num=0&edition=prelim); section 350, see [section 1484(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1484/f&num=0&edition=prelim); section 351, see [section 1484(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-secti

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