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19 U.S.C. § 1629 — Inspections and preclearance in foreign countries
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** When authorized by treaty or executive agreement, the Secretary may station customs officers in foreign countries for the purpose of examining persons and merchandise prior to their arrival in, or subsequent to their exit from, the United States.
**(b) Functions and duties** Customs officers stationed in a foreign country under subsection (a) may exercise such functions and perform such duties (including inspections, searches, seizures and arrests) as may be permitted by the treaty, agreement or law of the country in which they are stationed.
**(c) Compliance** The Secretary may by regulation require compliance with the customs laws of the United States in a foreign country and, in such a case the customs laws and other civil and criminal laws of the United States relating to the importation or exportation of merchandise, filing of false statements, and the unlawful removal of merchandise from customs custody shall apply in the same manner as if the foreign station is a port of entry or exit within the customs territory of the United States.
**(d) Seizures** When authorized by treaty, agreement or foreign law, merchandise which is subject to seizure or forfeiture under United States law may be seized in a foreign country and transported under customs custody to the customs territory to the United States to be proceeded against under the customs law.
**(e) Stationing of foreign customs and agriculture inspection officers in the United States** The Secretary of State, in coordination with the Secretary and the Secretary of Agriculture, may enter into agreements with any foreign country authorizing the stationing in the United States of customs and agriculture inspection officials of that country (if similar privileges are extended by that country to
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Source file: Laws/federal/codes/united-states-code/title-19/section-1629-inspections-and-preclearance-in-foreign-countries--d4908d32f1.md
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Source location: Title 19, Chapter 4, § 1629; chapter-004-tariff-act-of-1930.md
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**(a) In general** When authorized by treaty or executive agreement, the Secretary may station customs officers in foreign countries for the purpose of examining persons and merchandise prior to their arrival in, or subsequent to their exit from, the United States.
**(b) Functions and duties** Customs officers stationed in a foreign country under subsection (a) may exercise such functions and perform such duties (including inspections, searches, seizures and arrests) as may be permitted by the treaty, agreement or law of the country in which they are stationed.
**(c) Compliance** The Secretary may by regulation require compliance with the customs laws of the United States in a foreign country and, in such a case the customs laws and other civil and criminal laws of the United States relating to the importation or exportation of merchandise, filing of false statements, and the unlawful removal of merchandise from customs custody shall apply in the same manner as if the foreign station is a port of entry or exit within the customs territory of the United States.
**(d) Seizures** When authorized by treaty, agreement or foreign law, merchandise which is subject to seizure or forfeiture under United States law may be seized in a foreign country and transported under customs custody to the customs territory to the United States to be proceeded against under the customs law.
**(e) Stationing of foreign customs and agriculture inspection officers in the United States** The Secretary of State, in coordination with the Secretary and the Secretary of Agriculture, may enter into agreements with any foreign country authorizing the stationing in the United States of customs and agriculture inspection officials of that country (if similar privileges are extended by that country to United States officials) for the purpose of ensuring that persons and merchandise going directly to that country from the United States, or that have gone directly from that country to the United States, comply with the customs and other laws of that country governing the importation or exportation of merchandise. Any foreign customs or agriculture inspection official stationed in the United States under this subsection may exercise such functions, perform such duties, and enjoy such privileges and immunities as United States officials may be authorized to perform or are afforded in that foreign country by treaty, agreement, or law.
**(f) Application of certain laws** When customs officials of a foreign country are stationed in the United States in accordance with subsection (e), and if similar provisions are applied to United States officials stationed in that country—
(1) sections 111 and 1114 of title 18 shall apply as if the officials were designated in those sections; and
(2) any person who in any matter before a foreign customs official stationed in the United States knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, is liable for a fine of not more than $10,000 or imprisonment for not more than 5 years, or both.
**(g) Privileges and immunities** Any person designated to perform the duties of an officer of the Customs Service pursuant to [section 1401(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1401/i&num=0&edition=prelim) shall be entitled to the same privileges and immunities as an officer of the Customs Service with respect to any actions taken by the designated person in the performance of such duties.
**(h) Customs procedures and commitments**
(1) **In general** — The Secretary of Homeland Security, the United States Trade Representative, and other appropriate Federal officials shall work through appropriate international organizations including the World Customs Organization (WCO), the World Trade Organization (WTO), the International Maritime Organization, and the Asia-Pacific Economic Cooperation, to align, to the extent practicable, customs procedures, standards, requirements, and commitments in order to facilitate the efficient flow of international trade.
(2) **United States Trade Representative**
(A) *In general* — The United States Trade Representative shall seek commitments in negotiations in the WTO regarding the articles of GATT 1994 that are described in subparagraph (B) that make progress in achieving—
(i) harmonization of import and export data collected by WTO members for customs purposes, to the extent practicable;
(ii) enhanced procedural fairness and transparency with respect to the regulation of imports and exports by WTO members;
(iii) transparent standards for the efficient release of cargo by WTO members, to the extent practicable; and
(iv) the protection of confidential commercial data.
(B) *Articles described* — The articles of the GATT 1994 described in this subparagraph are the following:
(i) Article V (relating to transit).
(ii) Article VIII (relating to fees and formalities associated with importation and exportation).
(iii) Article X (relating to publication and administration of trade regulations).
(C) *GATT 1994* — The term “GATT 1994” means the General Agreement on Tariff and Trade annexed to the WTO Agreement.
(3) **Customs** — The Secretary of Homeland Security, acting through the Commissioner and in consultation with the United States Trade Representative, shall work with the WCO to facilitate the efficient flow of international trade, taking into account existing international agreements and the negotiating objectives of the WTO. The Commissioner shall work to—
(A) harmonize, to the extent practicable, import data collected by WCO members for customs purposes;
(B) automate and harmonize, to the extent practicable, the collection and storage of commercial data by WCO members;
(C) develop, to the extent practicable, transparent standards for the release of cargo by WCO members;
(D) develop and harmonize, to the extent practicable, standards, technologies, and protocols for physical or nonintrusive examinations that will facilitate the efficient flow of international trade; and
(E) ensure the protection of confidential commercial data.
(4) **Definition** — In this subsection, the term “Commissioner” means the Commissioner responsible for the United States Customs and Border Protection in the Department of Homeland Security.
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Articles made from imported merchandise** Upon the exportation or destruction under customs supervision of articles manufactured or produced in the United States with the use of imported merchandise, provided that those articles have not been used prior to such exportation or destruction, an amount calculated pursuant to regulations prescribed by the Secretary of the Treasury under subsection (l) shall be refunded as drawback, except that duties shall not be so refunded upon the exportation or destruction of flour or by-products produced from imported wheat. Where two or more products result from the manipulation of imported merchandise, the drawback shall be distributed to the several products in accordance with their relative values at the time of separation.
**(b) Substitution for drawback purposes**
(1) **In general** — If imported duty-paid merchandise or merchandise classifiable under the same 8-digit HTS subheading number as such imported merchandise is used in the manufacture or production of articles within a period not to exceed 5 years from the date of importation of such imported merchandise, there shall be allowed upon the exportation, or destruction under customs supervision, of any such articles, notwithstanding the fact that none of the imported merchandise may actually have been used in the manufacture or production of the exported or destroyed articles, an amount calculated pursuant to regulations prescribed by the Secretary of the Treasury under subsection (l), but only if those articles have not been used prior to such exportation or destruction.
(2) **Requirements relating to transfer of merchandise**
(A) *Manufacturers and producers* — Drawback shall be allowed under paragraph (1) with respect to an article manufactured or produced usin
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1313
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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
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Tariff Act of 1930.”
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Federal law — U.S. Code and appendices · legal_authorities
Pursuant to [section 1629 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1629&num=0&edition=prelim) and [section 1103(a)(7) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1103/a/7&num=0&edition=prelim), and provided that an aviation security preclearance agreement (as defined in section 44901(d)(4)(B) 11 See References in Text note below. of title 49) is in effect, the Secretary may establish and maintain U.S. Customs and Border Protection preclearance operations in a foreign country—
(1) to prevent terrorists, instruments of terrorism, and other security threats from entering the United States;
(2) to prevent inadmissible persons from entering the United States;
(3) to ensure that merchandise destined for the United States complies with applicable laws;
(4) to ensure the prompt processing of persons eligible to travel to the United States; and
(5) to accomplish such other objectives as the Secretary determines are necessary to protect the United States.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Cost sharing agreements with relevant airport authorities** The Commissioner may enter into a cost sharing agreement with airport authorities in foreign countries at which preclearance operations are to be established or maintained if—
(1) an executive agreement to establish or maintain such preclearance operations pursuant to the authorities under [section 1629 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1629&num=0&edition=prelim) and [section 1103(a)(7) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1103/a/7&num=0&edition=prelim) has been signed, but has not yet entered into force; and
(2) U.S. Customs and Border Protection has incurred, or expects to incur, initial preclearance operations costs in order to establish or maintain preclearance operations under the agreement described in paragraph (1).
**(b) Contents of cost sharing agreements**
(1) **In general** — Notwithstanding [section 58c(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section58c/e&num=0&edition=prelim) and [section 1356(g) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1356/g&num=0&edition=prelim), any cost sharing agreement with an airport authority authorized under subsection (a) may provide for the airport authority’s payment to U.S. Customs and Border Protection of its initial preclearance operations costs.
(2) **Timing of payments** — The airport authority’s payment to U.S. Customs and Border Protection for its initial preclearance operations costs may be made in advance of the incurrence of the costs or on a reimbursable basis.
**(c) Account**
(1) **In general** — All amounts collected pursuant to any cost sharing a
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Federal law — U.S. Code and appendices · legal_authorities
Page 313
TITLE 19—CUSTOMS DUTIES
§ 1629
1993—Subsec. (c). Pub. L. 103–182 added subsec. (c).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2020 AMENDMENT; RETENTION OF
AUTHORITY TO EXCHANGE INFORMATION
Amendment by Pub. L. 116–113 effective on the date
the USMCA enters into force (July 1, 2020) and applica-
ble with respect to goods entered for consumption, or
withdrawn from warehouse for consumption, on or
after that date, see section 209(d) of Pub. L. 116–113, set
out as an Effective Date of 2020 Amendment note under
section 1304 of this title.
Pub. L. 116–113, title II, § 209(e), Jan. 29, 2020, 134 Stat.
53, provided that: ‘‘Notwithstanding the amendment
made by subsection (c) [amending this section], the
Secretary of the Treasury shall retain the authority
provided in section 628(c) of the Tariff Act of 1930 [19
U.S.C. 1628(c)] (as in effect on the day before the date
on which the USMCA enters into force [July 1, 2020]) to
exchange information with any government agency of a
NAFTA country (as defined in section 2 of the North
American Free Trade Agreement Implementation Act
[19 U.S.C. 3301] (as in effect on the day before the date
on which the USMCA enters into force)).’’
[For definition of ‘‘USMCA’’ as used in section 209(e)
of Pub. L. 116–113, set out above, see section 4502 of this
title.]
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103–182 effective on the date
the North American Free Trade Agreement enters into
force with respect to the United States (Jan. 1, 1994),
see section 213(b) of Pub. L. 103–182, formerly set out as
an Effective Date note under former section 3331 of this
title.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and li-
abilities of the United States Customs Service
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