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19 U.S.C. § 1497 — Penalties for failure to declare
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) Any article which—
(A) is not included in the declaration and entry as made or transmitted; and
(B) is not mentioned before examination of the baggage begins—
(i) in writing by such person, if written declaration and entry was required, or
(ii) orally, if written declaration and entry was not required;
shall be subject to forfeiture and such person shall be liable for a penalty determined under paragraph (2) with respect to such article.
(2) The amount of the penalty imposed under paragraph (1) with respect to any article is equal to—
(A) if the article is a controlled substance, either $500 or an amount equal to 1,000 percent of the value of the article, whichever amount is greater; and
(B) if the article is not a controlled substance, the value of the article.
**(b) Value of controlled substances**
(1) Notwithstanding any other provision of this chapter, the value of any controlled substance shall, for purposes of this section, be equal to the amount determined by the Secretary in consultation with the Attorney General of the United States, to be equal to the price at which such controlled substance is likely to be illegally sold to the consumer of such controlled substance.
(2) The Secretary and the Attorney General of the United States shall establish a method of determining the price at which each controlled substance is likely to be illegally sold to the consumer of such controlled substance.
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Source location: Title 19, Chapter 4, § 1497; chapter-004-tariff-act-of-1930.md
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**(a) In general**
(1) Any article which—
(A) is not included in the declaration and entry as made or transmitted; and
(B) is not mentioned before examination of the baggage begins—
(i) in writing by such person, if written declaration and entry was required, or
(ii) orally, if written declaration and entry was not required;
shall be subject to forfeiture and such person shall be liable for a penalty determined under paragraph (2) with respect to such article.
(2) The amount of the penalty imposed under paragraph (1) with respect to any article is equal to—
(A) if the article is a controlled substance, either $500 or an amount equal to 1,000 percent of the value of the article, whichever amount is greater; and
(B) if the article is not a controlled substance, the value of the article.
**(b) Value of controlled substances**
(1) Notwithstanding any other provision of this chapter, the value of any controlled substance shall, for purposes of this section, be equal to the amount determined by the Secretary in consultation with the Attorney General of the United States, to be equal to the price at which such controlled substance is likely to be illegally sold to the consumer of such controlled substance.
(2) The Secretary and the Attorney General of the United States shall establish a method of determining the price at which each controlled substance is likely to be illegally sold to the consumer of such controlled substance.
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Federal law — U.S. Code and appendices · legal_authorities
### 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 342 to 375
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Federal law — U.S. Code and appendices · legal_authorities
Page 194
TITLE 19—CUSTOMS DUTIES
§ 1496
Stat. 964. That section was superseded by section 495 of
act June 17, 1930, comprising this section, and repealed
by section 651(a)(1) of the 1930 act.
Provisions substantially similar to those in this sec-
tion, except that they applied to bonds for the payment
of duties or for any other purpose connected with the
general transaction of business at any customs house,
were contained in act June 20, 1876, ch. 136, 19 Stat. 60,
as amended by act Aug. 27, 1894, ch. 349, § 70, 28 Stat.
569, prior to repeal by act Sept. 21, 1922, ch. 356, title IV,
§ 643, 42 Stat. 989.
§ 1496. Examination of baggage
The appropriate customs officer may cause an
examination to be made of the baggage of any
person arriving in the United States in order to
ascertain what articles are contained therein
and whether subject to duty, free of duty, or
prohibited notwithstanding a declaration and
entry therefor has been made.
(June 17, 1930, ch. 497, title IV, § 496, 46 Stat. 727;
Pub. L. 91–271, title III, § 301(b), June 2, 1970, 84
Stat. 287.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in act Sept. 21, 1922, ch. 356, title IV, § 496, 42
Stat. 964. That section was superseded by section 496 of
act June 17, 1930, comprising this section, and repealed
by section 651(a)(1) of the 1930 act.
AMENDMENTS
1970—Pub. L. 91–271 substituted reference to appro-
priate customs officer for reference to collector.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1970 AMENDMENT
For effective date of amendment by Pub. L. 91–271,
see section 203 of Pub. L. 91–271, set out as a note under
section 1500 of this title.
§ 1496a. Clearance restrictions of individuals re-
turning from abroad; sp
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 1497
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