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19 U.S.C. § 1499 — Examination of merchandise

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

19 U.S.C. § 1499 — Examination of merchandise

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Source file: Laws/federal/codes/united-states-code/title-19/section-1499-examination-of-merchandise--23eb112e16.md
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Source location: Title 19, Chapter 4, § 1499; chapter-004-tariff-act-of-1930.md

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**(a) Entry examination** (1) **In general** — Imported merchandise that is required by law or regulation to be inspected, examined, or appraised shall not be delivered from customs custody (except under such bond or other security as may be prescribed by the Secretary to assure compliance with all applicable laws, regulations, and instructions which the Secretary or the Customs Service is authorized to enforce) until the merchandise has been inspected, appraised, or examined and is reported by the Customs Service to have been truly and correctly invoiced and found to comply with the requirements of the laws of the United States. (2) **Examination** — The Customs Service— (A) shall designate the packages or quantities of merchandise covered by any invoice or entry which are to be opened and examined for the purpose of appraisement or otherwise; (B) shall order such packages or quantities to be sent to such place as is designated by the Secretary by regulation for such purpose; (C) may require such additional packages or quantities as the Secretary considers necessary for such purpose; and (D) shall inspect a sufficient number of shipments, and shall examine a sufficient number of entries, to ensure compliance with the laws enforced by the Customs Service. (3) **Unspecified articles** — If any package contains any article not specified in the invoice or entry and, in the opinion of the Customs Service, the article was omitted from the invoice or entry— (A) with fraudulent intent on the part of the seller, shipper, owner, agent, importer of record, or entry filer, the contents of the entire package in which such article is found shall be subject to seizure; or (B) without fraudulent intent, the value of the article shall be added to the entry and the duties, fees, and taxes thereon paid accordingly. (4) **Deficiency** — If a deficiency is found in quantity, weight, or measure in the examination of any package, the person finding the deficiency shall make a report thereof to the Customs Service. The Customs Service shall make allowance for the deficiency in the liquidation of duties. (5) **Information required for release** — If an examination is conducted, any information required for release shall be provided, either electronically or in paper form, to the Customs Service at the port of examination. The absence of such information does not limit the authority of the Customs Service to conduct an examination. **(b) Testing laboratories** (1) **Accreditation of private testing laboratories** — The Customs Service shall establish and implement a procedure, under regulations promulgated by the Secretary, for accrediting private laboratories within the United States which may be used to perform tests (that would otherwise be performed by Customs Service laboratories) to establish the characteristics, quantities, or composition of imported merchandise. Such regulations— (A) shall establish the conditions required for the laboratories to receive and maintain accreditation for purposes of this subsection; (B) shall establish the conditions regarding the suspension and revocation of accreditation, which may include the imposition of a monetary penalty not to exceed $100,000 and such penalty is in addition to the recovery, from a gauger or laboratory accredited under paragraph (1), of any loss of revenue that may have occurred, but the Customs Service— (i) may seek to recover lost revenue only in cases where the gauger or laboratory intentionally falsified the analysis or gauging report in collusion with the importer; and (ii) shall neither assess penalties nor seek to recover lost revenue because of a good faith difference of professional opinion; and (C) may provide for the imposition of a reasonable charge for accreditation and periodic reaccreditation. The collection of any charge for accreditation and reaccreditation under this section is not prohibited by [section 58c(e)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section58c/e/6&num=0&edition=prelim). (2) **Appeal of adverse accreditation decisions** — A laboratory applying for accreditation, or that is accredited, under this section may contest any decision or order of the Customs Service denying, suspending, or revoking accreditation, or imposing a monetary penalty, by commencing an action in accordance with chapter 169 of title 28 in the Court of International Trade within 60 days after issuance of the decision or order. (3) **Testing by accredited laboratories** — When requested by an importer of record of merchandise, the Customs Service shall authorize the release to the importer of a representative sample of the merchandise for testing, at the expense of the importer, by a laboratory accredited under paragraph (1). The testing results from a laboratory accredited under paragraph (1) that are submitted by an importer of record with respect to merchandise in an entry shall, in the absence of testing results obtained from a Customs Service laboratory, be accepted by the Customs Service if the importer of record certifies that the sample tested was taken from the merchandise in the entry. Nothing in this subsection shall be construed to limit in any way or preclude the authority of the Customs Service to test or analyze any sample or merchandise independently. (4) **Availability of testing procedure, methodologies, and information** — Testing procedures and methodologies used by the Customs Service, and information resulting from any testing conducted by the Customs Service, shall be made available as follows: (A) Testing procedures and methodologies shall be made available upon request to any person unless the procedures or methodologies are— (i) proprietary to the holder of a copyright or patent related to such procedures or methodologies, or (ii) developed by the Customs Service for enforcement purposes. (B) Information resulting from testing shall be made available upon request to the importer of record and any agent thereof unless the information reveals information which is— (i) proprietary to the holder of a copyright or patent; or (ii) developed by the Customs Service for enforcement purposes. (5) **Miscellaneous provisions** — For purposes of this subsection— (A) any reference to a private laboratory includes a reference to a private gauger; and (B) accreditation of private laboratories extends only to the performance of functions by such laboratories that are within the scope of those responsibilities for determinations of the elements relating to admissibility, quantity, composition, or characteristics of imported merchandise that are vested in, or delegated to, the Customs Service. **(c) Detentions** Except in the case of merchandise with respect to which the determination of admissibility is vested in an agency other than the Customs Service, the following apply: (1) **In general** — Within the 5-day period (excluding weekends and holidays) following the date on which merchandise is presented for customs examination, the Customs Service shall decide whether to release or detain the merchandise. Merchandise which is not released within such 5-day period shall be considered to be detained merchandise. (2) **Notice of detention** — The Customs Service shall issue a notice to the importer or other party having an interest in detained merchandise no later than 5 days, excluding weekends and holidays, after the decision to detain the merchandise is made. The notice shall advise the importer or other interested party of— (A) the initiation of the detention; (B) the specific reason for the detention; (C) the anticipated length of the detention; (D) the nature of the tests or inquiries to be conducted; and (E) the nature of any information which, if supplied to the Customs Service, may accelerate the disposition of the detention. (3) **Testing results** — Upon request by the importer or other party having an interest in detained merchandise, the Customs Service shall provide the party with copies of the results of any testing conducted by the Customs Service on the merchandise and a description of the testing procedures and methodologies (unless such procedures or methodologies are proprietary to the holder of a copyright or patent or were developed by the Customs Service for enforcement purposes). The results and test description shall be in sufficient detail to permit the duplication and analysis of the testing and the results. (4) **Seizure and forfeiture** — If otherwise provided by law, detained merchandise may be seized and forfeited. (5) **Effect of failure to make determination** (A) The failure by the Customs Service to make a final determination with respect to the admissibility of detained merchandise within 30 days after the merchandise has been presented for customs examination, or such longer period if specifically authorized by law, shall be treated as a decision of the Customs Service to exclude the merchandise for purposes of [section 1514(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1514/a/4&num=0&edition=prelim). (B) For purposes of [section 1581 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1581&num=0&edition=prelim), a protest against the decision to exclude the merchandise which has not been allowed or denied in whole or in part before the 30th day after the day on which the protest was filed shall be treated as having been denied on such 30th day. (C) Notwithstanding [section 2639 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2639&num=0&edition=prelim), once an action respecting a detention is commenced, unless the Customs Service establishes by a preponderance of the evidence that an admissibility decision has not been reached for good cause, the court shall grant the appropriate relief which may include, but is not limited to, an order to cancel the detention and release the merchandise.

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

28 U.S.C. § 1581 — Civil actions against the United States and agencies and officers thereof

**(a)** The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to contest the denial of a protest, in whole or in part, under section 515 of the Tariff Act of 1930. **(b)** The Court of International Trade shall have exclusive jurisdiction of any civil action commenced under section 516 of the Tariff Act of 1930. **(c)** The Court of International Trade shall have exclusive jurisdiction of any civil action commenced under section 516A or 517 of the Tariff Act of 1930. **(d)** The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to review— (1) any final determination of the Secretary of Labor under section 223 of the Trade Act of 1974 with respect to the eligibility of workers for adjustment assistance under such Act; (2) any final determination of the Secretary of Commerce under section 251 of the Trade Act of 1974 with respect to the eligibility of a firm for adjustment assistance under such Act; (3) any final determination of the Secretary of Commerce under section 273 11 See References in Text note below. of the Trade Act of 1974 with respect to the eligibility of a community for adjustment assistance under such Act; and (4) any final determination of the Secretary of Agriculture under section 293 or 296 of the Trade Act of 1974 ([19 U.S.C. 2401b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2401b&num=0&edition=prelim)) 1 with respect to the eligibility of a group of agricultural commodity producers for adjustment assistance under such Act. **(e)** The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to review any final determination of the Secretary of the Treasury under section 305(b)(1) of the Trad

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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. § 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

28 U.S.C. § 2639 — Burden of proof; evidence of value

**(a)** (1) Except as provided in paragraph (2) of this subsection, in any civil action commenced in the Court of International Trade under section 515, 516, or 516A of the Tariff Act of 1930, the decision of the Secretary of the Treasury, the administering authority, or the International Trade Commission is presumed to be correct. The burden of proving otherwise shall rest upon the party challenging such decision. (2) The provisions of paragraph (1) of this subsection shall not apply to any civil action commenced in the Court of International Trade under [section 1582 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1582&num=0&edition=prelim). **(b)** In any civil action described in [section 1581(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1581/h&num=0&edition=prelim), the person commencing the action shall have the burden of making the demonstration required by such section by clear and convincing evidence. **(c)** Where the value of merchandise or any of its components is in issue in any civil action in the Court of International Trade— (1) reports or depositions of consuls, customs officers, and other officers of the United States, and depositions and affidavits of other persons whose attendance cannot reasonably be had, may be admitted into evidence when served upon the opposing party as prescribed by the rules of the court; and (2) price lists and catalogs may be admitted in evidence when duly authenticated, relevant, and material.

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15 U.S.C. § 1198 — Shipments from foreign countries; demand for redelivery; claim for liquidated damages

An imported product, fabric, or related material to which flammability standards under this chapter are applicable shall not be delivered from customs custody except as provided in [section 1499 of title 19](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1499&num=0&edition=prelim). In the event an imported product, fabric, or related material is delivered from customs custody under bond, as provided in [section 1499 of title 19](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1499&num=0&edition=prelim) and fails to conform with an applicable flammability standard in effect on the date of entry of such merchandise, the Secretary of the Treasury shall demand redelivery and in the absence thereof shall assert a claim for liquidated damages for breach of a condition of the bond arising out of such failure to conform or redeliver in accordance with regulations prescribed by the Secretary of the Treasury or his delegate. When asserting a claim for liquidated damages against an importer for failure to redeliver such nonconforming goods, the liquidated damages shall be not less than 10 per centum of the value of the nonconforming merchandise if, within five years prior thereto, the importer has previously been assessed liquidated damages for failure to redeliver nonconforming goods in response to a demand from the Secretary of the Treasury as set forth above.

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1198

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

19 U.S.C. § 1595a — Aiding unlawful importation

**(a) Importation, removal, etc. contrary to laws of United States** Except as specified in subsection (b) or (c) of [section 1594 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1594&num=0&edition=prelim), every vessel, vehicle, animal, aircraft, or other thing used in, to aid in, or to facilitate, by obtaining information or in any other way, the importation, bringing in, unlading, landing, removal, concealing, harboring, or subsequent transportation of any article which is being or has been introduced, or attempted to be introduced, into the United States contrary to law, whether upon such vessel, vehicle, animal, aircraft, or other thing or otherwise, may be seized and forfeited together with its tackle, apparel, furniture, harness, or equipment. **(b) Penalty for aiding unlawful importation** Every person who directs, assists financially or otherwise, or is in any way concerned in any unlawful activity mentioned in the preceding subsection shall be liable to a penalty equal to the value of the article or articles introduced or attempted to be introduced. **(c) Merchandise introduced contrary to law** Merchandise which is introduced or attempted to be introduced into the United States contrary to law shall be treated as follows: (1) The merchandise shall be seized and forfeited if it— (A) is stolen, smuggled, or clandestinely imported or introduced; (B) is a controlled substance, as defined in the Controlled Substances Act ([21 U.S.C. 801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section801&num=0&edition=prelim) et seq.), and is not imported in accordance with applicable law; (C) is a contraband article, as defined in [section 80302 of title 49](https://uscode.house.gov/view.xhtml?req

Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1595a

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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

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

19 U.S.C. § 4731 — Other monitoring and enforcement actions

**(a) Marine Mammal Protection Act** The Secretary of Commerce has authority to take appropriate monitoring or enforcement actions under the Marine Mammal Protection Act of 1972 ([16 U.S.C. 1361](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1361&num=0&edition=prelim) et seq.). **(b) Magnuson-Stevens Fishery Conservation and Management Act** The Secretary of Commerce has authority to take appropriate monitoring or enforcement actions under the following provisions of law: (1) The Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.). (2) The Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 ([16 U.S.C. 1891](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1891&num=0&edition=prelim) et seq.). (3) The High Seas Driftnet Fishing Moratorium Protection Act ([16 U.S.C. 1826d](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826d&num=0&edition=prelim) et seq.). (4) The Shark Conservation Act of 2010 ([16 U.S.C. 1826k](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826k&num=0&edition=prelim) note; 1857 note). (5) The Shark Finning Prohibition Act ([16 U.S.C. 1822](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1822&num=0&edition=prelim) note). **(c) Fishermen’s Protective Act of 1967** The Secretary of Commerce and Secretary of the Interior have authority to take appropriate monitoring or enforcement actions under section 8 of the Fishermen’s Protective Act of 1967 ([22 U.S.C. 1978](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1978&num=0

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