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19 U.S.C. § 1451 — Extra compensation 11 See Codification note below.
Federal law — U.S. Code and appendices · legal_authorities
Before any such 1 special license to unlade shall be granted, the master, owner, or agent of such 1 vessel or vehicle, or the person in charge of such 1 vehicle, shall be required to deposit sufficient money to pay, or to give a bond in an amount to be fixed by the Secretary conditioned to pay, the compensation and expenses of the customs officers and employees assigned to duty in connection with such 1 unlading at night or on Sunday or a holiday, in accordance with the provisions of [section 267 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section267&num=0&edition=prelim). In lieu of such deposit or bond the owner or agent of any vessel or vehicle or line of vessels or vehicles may execute a bond in an amount to be fixed by the Secretary of the Treasury to cover and include the issuance of special licenses for the unlading of such vessels or vehicles for a period not to exceed one year. Upon a request made by the owner, master, or person in charge of a vessel or vehicle, or by or on behalf of a common carrier or by or on behalf of the owner or consignee of any merchandise or baggage, for overtime services of customs officers or employees at night or on a Sunday or holiday, the appropriate customs officer shall assign sufficient customs officers or employees if available to perform any such services which may lawfully be performed by them during regular hours of business, but only if the person requesting such services deposits sufficient money to pay, or gives a bond in an amount to be fixed by the 22 So in original. The word “the” probably should not appear. such customs officer, conditioned to pay the compensation and expenses of such customs officers and employees, who shall be entitled to rates of compensation fixed on the sam
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Stable record: federal_law:legal_authorities:record_usc_1dd53e992a2f8ef511111120
Source file: Laws/federal/codes/united-states-code/title-19/section-1451-extra-compensation-11-see-codification-note-below--d0c17b19cf.md
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Source location: Title 19, Chapter 4, § 1451; chapter-004-tariff-act-of-1930.md
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Before any such 1 special license to unlade shall be granted, the master, owner, or agent of such 1 vessel or vehicle, or the person in charge of such 1 vehicle, shall be required to deposit sufficient money to pay, or to give a bond in an amount to be fixed by the Secretary conditioned to pay, the compensation and expenses of the customs officers and employees assigned to duty in connection with such 1 unlading at night or on Sunday or a holiday, in accordance with the provisions of [section 267 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section267&num=0&edition=prelim). In lieu of such deposit or bond the owner or agent of any vessel or vehicle or line of vessels or vehicles may execute a bond in an amount to be fixed by the Secretary of the Treasury to cover and include the issuance of special licenses for the unlading of such vessels or vehicles for a period not to exceed one year. Upon a request made by the owner, master, or person in charge of a vessel or vehicle, or by or on behalf of a common carrier or by or on behalf of the owner or consignee of any merchandise or baggage, for overtime services of customs officers or employees at night or on a Sunday or holiday, the appropriate customs officer shall assign sufficient customs officers or employees if available to perform any such services which may lawfully be performed by them during regular hours of business, but only if the person requesting such services deposits sufficient money to pay, or gives a bond in an amount to be fixed by the 22 So in original. The word “the” probably should not appear. such customs officer, conditioned to pay the compensation and expenses of such customs officers and employees, who shall be entitled to rates of compensation fixed on the same basis and payable in the same manner and upon the same terms and conditions as in the case of customs officers and employees assigned to duty in connection with lading or unlading at night or on Sunday or a holiday. Nothing in this section shall be construed to impair the existing authority of the Treasury Department to assign customs officers or employees to regular tours of duty at nights or on Sundays or holidays when such assignments are in the public interest: Provided, That the provisions of this section, sections 1450 and 1452 of this title, and the provisions of [section 267 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section267&num=0&edition=prelim) insofar as such [section 267 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section267&num=0&edition=prelim) requires payment of compensation by the master, owner, agent, or consignee of a vessel or conveyance, shall not apply to the owner, operator, or agent of a highway vehicle, bridge, tunnel, or ferry, between the United States and Canada or between the United States and Mexico, nor to the lading or unlading of merchandise, baggage, or persons arriving in or departing from the United States by motor vehicle, trolley car, on foot, or by other means of highway travel upon, over, or through any highway, bridge, tunnel, or ferry. At ports of entry and customs stations where any merchandise, baggage, or persons shall arrive in or depart from the United States by motor vehicle, trolley car, on foot, or by other means of highway travel upon, over, or through any highway, bridge, tunnel, or ferry, between the United States and Canada or between the United States and Mexico, the appropriate customs officer, under such regulations as the Secretary of the Treasury may prescribe, shall assign customs officers and employees to duty at such times during the twenty-four hours of each day, including Sundays and holidays, as the Secretary of the Treasury in his discretion may determine to be necessary to facilitate the inspection and passage of such merchandise, baggage, or persons. Officers and employees assigned to such duty at night or on Sunday or a holiday shall be paid compensation in accordance with existing law as interpreted by the United States Supreme Court in the case of the United States v. Howard C. Myers (320 U.S. 561); but all compensation payable to such customs officers and employees shall be paid by the United States without requiring any license, bond, obligation, financial undertaking, or payment in connection therewith on the part of any owner, operator, or agent of any such highway vehicle, bridge, tunnel, or ferry, or other person. As used in this section, the term “ferry” shall mean a passenger service operated with the use of vessels which arrive in the United States on regular schedules at intervals of at least once each hour during any period in which customs service is to be furnished without reimbursement as above provided.
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Federal law — U.S. Code and appendices · legal_authorities
No merchandise, baggage, or passengers arriving in the United States from any foreign port or place, and no bonded merchandise or baggage being transported from one port to another, shall be unladen from the carrying aircraft, vessel or vehicle on Sunday, a holiday, or during overtime hours, except under special license granted by the appropriate customs officer under such regulations as the Secretary of the Treasury may prescribe.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1450
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1500
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1401
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Overtime pay**
(1) **In general** — Subject to paragraph (2) and subsection (c), a customs officer who is officially assigned to perform work in excess of 40 hours in the administrative workweek of the officer or in excess of 8 hours in a day shall be compensated for that work at an hourly rate of pay that is equal to 2 times the hourly rate of the basic pay of the officer. For purposes of this paragraph, the hourly rate of basic pay for a customs officer does not include any premium pay provided for under subsection (b).
(2) **Special provisions relating to overtime work on callback basis**
(A) *Minimum duration* — Any work for which compensation is authorized under paragraph (1) and for which the customs officer is required to return to the officer’s place of work shall be treated as being not less than 2 hours in duration; but only if such work begins at least 1 hour after the end of any previous regularly scheduled work assignment and ends at least 1 hour before the beginning of the following regularly scheduled work assignment.
(B) *Compensation for commuting time*
(i) *In general* — Except as provided in clause (ii), in addition to the compensation authorized under paragraph (1) for work to which subparagraph (A) applies, the customs officer is entitled to be paid, as compensation for commuting time, an amount equal to 3 times the hourly rate of basic pay of the officer.
(ii) *Exception* — Compensation for commuting time is not payable under clause (i) if the work for which compensation is authorized under paragraph (1)—
(I) does not commence within 16 hours of the customs officer’s last regularly scheduled work assignment, or
(II) commences within 2 hours of the next regularly scheduled work assignment of the customs officer.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 267
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Sections, act Sept. 21, 1922, ch. 356, title IV, §§ 449–453, 42 Stat. 954, 955, related to emergency cases of unlading bonds for special licenses and penalties for violation.
Provisions of Tariff Act of 1930 corresponding to section 262, see [section 1449 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1449&num=0&edition=prelim); section 263, see [section 1450 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1450&num=0&edition=prelim); section 264, see [section 1451 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1451&num=0&edition=prelim); section 265, see [section 1452 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1452&num=0&edition=prelim); section 266, see [section 1453 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1453&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 262 to 266
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Schedule of fees** In addition to any other fee authorized by law, the Secretary of the Treasury shall charge and collect the following fees (subject to adjustment under subsection (l)) for the provision of customs services in connection with the following:
(1) For the arrival of a commercial vessel of 100 net tons or more, $397.
(2) For the arrival of a commercial truck, $5.
(3) For the arrival of each railroad car carrying passengers or commercial freight, $7.50.
(4) For all arrivals made during a calendar year by a private vessel or private aircraft, $25.
(5)
(A) Subject to subparagraph (B), for the arrival of each passenger aboard a commercial vessel or commercial aircraft from a place outside the United States (other than a place referred to in subsection (b)(1)(A)(i) of this section), $5.
(B) For the arrival of each passenger aboard a commercial vessel from a place referred to in subsection (b)(1)(A)(i) of this section, $1.75.
(6) For each item of dutiable mail for which a document is prepared by a customs officer (other than an item subject to a fee under subsection (b)(9)(D)), $5.
(7) For each customs broker permit held by an individual, partnership, association, or corporate customs broker, $125 per year.
(8) For the arrival of a barge or other bulk carrier from Canada or Mexico, $100.
(9)
(A) For the processing of merchandise that is formally entered or released during any fiscal year, a fee in an amount equal to 0.21 11 See Rates for Merchandise Processing Fees notes below. percent ad valorem, unless adjusted under subparagraph (B).
(B)
(i) The Secretary of the Treasury may adjust the ad valorem rate specified in subparagraph (A) to an ad valorem rate (but not to a rate of more than 0.21 1 percent nor less than 0.15 percent) an
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 58c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General.—**
(1) In this subsection—
(A) “private aircraft” means a civilian aircraft not being used to transport passengers or property for compensation.
(B) “private vessel” means a civilian vessel not being used—
(i) to transport passengers or property for compensation; or
(ii) in fishing or fish processing operations.
(2) Notwithstanding section 451 of the Tariff Act of 1930 ([19 U.S.C. 1451](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1451&num=0&edition=prelim)), the owner, operator, or agent of a private aircraft or private vessel may pay not more than $25 for the services of an officer or employee of the Department of Agriculture, the Customs Service, the Immigration and Naturalization Service, or the Public Health Service (including an independent contractor performing an inspection service for the Public Health Service) when the services are performed on a Sunday, holiday, or from 5 p.m. through 8 a.m. on a weekday, and are related to the aircraft’s or vessel’s arrival in, or departure from, the United States. However, the owner, operator, or agent does not have to pay for the services from 5 p.m. through 8 a.m. on a weekday when an officer or employee on regular duty is available at the place of arrival or departure to perform services.
(3) The head of a department, agency, or instrumentality of the United States Government providing services under paragraph (2) of this subsection shall collect the amount paid for the services and deposit the amount in the Treasury. The amount shall be credited to the appropriation of the department, agency, or instrumentality against which the expense of those services was charged.
**(b) Limitations on Reimbursement.—**
(1) An owner or operator of an aircraft is requir
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 80503
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Notwithstanding [section 58c(e) of title 19](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section58c/e&num=0&edition=prelim) and [section 1451 of title 19](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1451&num=0&edition=prelim), the Commissioner of U.S. Customs and Border Protection, upon the request of any entity, may enter into a fee agreement with such entity under which—
(1) U.S. Customs and Border Protection shall provide services described in subsection (b) at a United States port of entry or any other facility at which U.S. Customs and Border Protection provides or will provide such services;
(2) such entity shall remit to U.S. Customs and Border Protection a fee imposed under subsection (h) in an amount equal to the full costs that are incurred or will be incurred in providing such services; and
(3) if space is provided by such entity, each facility at which U.S. Customs and Border Protection services are performed shall be maintained and equipped by such entity, without cost to the Federal Government, in accordance with U.S. Customs and Border Protection specifications.
**(b) Services described** The services described in this subsection are any activities of any employee or Office of Field Operations contractor of U.S. Customs and Border Protection (except employees of the U.S. Border Patrol, as established under [section 211(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section211/e&num=0&edition=prelim)) pertaining to, or in support of, customs, agricultural processing, border security, or immigration inspection-related matters at a port of entry or any other facility at which U.S. Customs and Border Protection provides or will provide servic
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Federal law — U.S. Code and appendices · legal_authorities
Page 168
TITLE 19—CUSTOMS DUTIES
§ 1450
1 See Codification note below.
or (2) the Secretary of the Treasury, because of
an emergency existing at the port of destina-
tion, authorizes such vessel to proceed to an-
other port of entry. Merchandise and baggage so
unladen may be entered in the same manner as
other imported merchandise or baggage and may
be treated as unclaimed merchandise or baggage
and stored at the expense and risk of the owner
thereof, or may be reladen without entry upon
the vessel from which it was unladen for trans-
portation to its destination.
(June 17, 1930, ch. 497, title IV, § 449, 46 Stat. 714;
Pub. L. 91–271, title III, § 301(b), June 2, 1970, 84
Stat. 287; Pub. L. 103–182, title VI, § 649(b), Dec.
8, 1993, 107 Stat. 2208.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in act Sept. 21, 1922, ch. 356, title IV, § 449, 42
Stat. 954. That section was superseded by section 449 of
act June 17, 1930, comprising this section, and repealed
by section 651(a)(1) of the 1930 act.
Provisions concerning protests and reports by vessels
compelled by distress of weather or other necessity to
put into a port of the United States; permits for the un-
lading thereof; the storage of the goods; the disposal of
perishable goods; variances between the report, and the
delivery of the cargo, and the reloading of such vessels,
and a special provision for Spanish vessels arriving in
distress, were contained in R.S. §§ 2891–2895. Provisions
for report and entry of vessels prevented by ice from
getting to the port or place at which her cargo was in-
tended to be delivered, and for the unlading or landing
of the cargo, were contained in R.S. § 2896. All of these
sections were repealed by act Sept. 2
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 1451
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