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19 U.S.C. § 1441 — Exceptions to vessel entry and clearance requirements

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

19 U.S.C. § 1441 — Exceptions to vessel entry and clearance requirements

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Stable record: federal_law:legal_authorities:record_usc_995f33f650601ca141c35ece
Source file: Laws/federal/codes/united-states-code/title-19/section-1441-exceptions-to-vessel-entry-and-clearance-requirements--595b904abc.md
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Source location: Title 19, Chapter 4, § 1441; chapter-004-tariff-act-of-1930.md

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The following vessels shall not be required to make entry under [section 1434 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1434&num=0&edition=prelim) or to obtain clearance under [section 60105 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section60105&num=0&edition=prelim): (1) Vessels of war and public vessels employed for the conveyance of letters and dispatches and not permitted by the laws of the nations to which they belong to be employed in the transportation of passengers or merchandise in trade. (2) Passenger vessels making three trips or oftener a week between a port of the United States and a foreign port, or vessels used exclusively as ferryboats, carrying passengers, baggage, or merchandise: Provided, That the master of any such vessel shall be required to report such baggage and merchandise to the appropriate customs officer within twenty-four hours after arrival. (3) Any vessel carrying passengers on excursion from the United States Virgin Islands to the British Virgin Islands and returning, if— (A) the vessel does not in any way violate the customs or navigation laws of the United States; (B) the vessel has not visited any hovering vessel; and (C) the master of the vessel, if there is on board any article required by law to be entered, reports the article to the Customs Service immediately upon arrival. (4) Any United States documented vessel with recreational endorsement or any undocumented United States pleasure vessel not engaged in trade, if— (A) the vessel complies with the reporting requirements of [section 1433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1433&num=0&edition=prelim), and with the customs and navigation laws of the United States; (B) the vessel has not visited any hovering vessel; and (C) the master of, and any other person on board, the vessel, if the master or such person has on board any article required by law to be entered or declared, reports such article to the Customs Service immediately upon arrival. (5) Vessels arriving in distress or for the purpose of taking on bunker coal, bunker oil, sea stores, or ship’s stores and which shall depart within twenty-four hours after arrival without having landed or taken on board any passengers, or any merchandise other than bunker coal, bunker oil, sea stores, or ship’s stores: Provided, That the master, owner, or agent of such vessel shall report under oath to the appropriate customs officer the hour and date of arrival and departure and the quantity of bunker coal, bunker oil, sea stores, or ship’s stores taken on board. (6) Any vessel required to anchor at the Belle Isle Anchorage in the waters of the Detroit River in the State of Michigan, for the purposes of awaiting the availability of cargo or berthing space or for the purpose of taking on a pilot or awaiting pilot services, or at the direction of the Coast Guard, prior to proceeding to the Port of Toledo, Ohio, where the vessel makes entry under [section 1434 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1434&num=0&edition=prelim) or obtains clearance under [section 60105 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section60105&num=0&edition=prelim).

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

19 U.S.C. § 1304 — Marking of imported articles and containers

**(a) Marking of articles** Except as hereinafter provided, every article of foreign origin (or its container, as provided in subsection (b) hereof) imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit in such manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of the article. The Secretary of the Treasury may by regulations— (1) Determine the character of words and phrases or abbreviations thereof which shall be acceptable as indicating the country of origin and prescribe any reasonable method of marking, whether by printing, stenciling, stamping, branding, labeling, or by any other reasonable method, and a conspicuous place on the article (or container) where the marking shall appear; (2) Require the addition of any other words or symbols which may be appropriate to prevent deception or mistake as to the origin of the article or as to the origin of any other article with which such imported article is usually combined subsequent to importation but before delivery to an ultimate purchaser; and (3) Authorize the exception of any article from the requirements of marking if— (A) Such article is incapable of being marked; (B) Such article cannot be marked prior to shipment to the United States without injury; (C) Such article cannot be marked prior to shipment to the United States, except at an expense economically prohibitive of its importation; (D) The marking of a container of such article will reasonably indicate the origin of such article; (E) Such article is a crude substance; (F) Such article is imported for use by the importer and not intended for sale in its imported or any o

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

19 U.S.C. § 1434 — Entry; vessels

**(a) Formal entry** Within 24 hours (or such other period of time as may be provided under subsection (c)(2)) after the arrival at any port or place in the United States of— (1) any vessel from a foreign port or place; (2) any foreign vessel from a domestic port; (3) any vessel of the United States having on board foreign merchandise for which entry has not been made; or (4) any vessel which has visited a hovering vessel or has delivered or received merchandise while outside the territorial sea; the master of the vessel shall, unless otherwise provided by law, make formal entry at the nearest customs facility or such other place as the Secretary may prescribe by regulation. **(b) Preliminary entry** The Secretary may by regulation permit the master to make preliminary entry of the vessel with the Customs Service in lieu of formal entry or before formal entry is made. In permitting preliminary entry, the Customs Service shall board a sufficient number of vessels to ensure compliance with the laws it enforces. **(c) Regulations** The Secretary may by regulation— (1) prescribe the manner and format in which entry under subsection (a) or subsection (b), or both, must be made, and such regulations may provide that any such entry may be made electronically pursuant to an electronic data interchange system; (2) provide that— (A) formal entry must be made within a greater or lesser time than 24 hours after arrival, but in no case more than 48 hours after arrival, and (B) formal entry may be made before arrival; and (3) authorize the Customs Service to permit entry or preliminary entry of any vessel to be made at a place other than a designated port of entry, under such conditions as may be prescribed.

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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

46 U.S.C. § 60105 — Clearance of vessels

**(a) Vessels of the United States.—** Except as otherwise provided by law, a vessel of the United States shall obtain clearance from the Secretary of Homeland Security before proceeding from a port or place in the United States— (1) for a foreign port or place; (2) for another port or place in the United States if the vessel has on board foreign merchandise for which entry has not been made; or (3) outside the territorial sea to visit a hovering vessel or to receive merchandise while outside the territorial sea. **(b) Other Vessels.—** Except as otherwise provided by law, a vessel that is not a vessel of the United States shall obtain clearance from the Secretary before proceeding from a port or place in the United States— (1) for a foreign port or place; (2) for another port or place in the United States; or (3) outside the territorial sea to visit a hovering vessel or to receive or deliver merchandise while outside the territorial sea. **(c) Regulations.—** The Secretary may by regulation— (1) prescribe the manner in which clearance under this section is to be obtained, including the documents, data, or information which shall be submitted or transmitted, pursuant to an authorized data interchange system, to obtain the clearance; (2) permit clearance to be obtained before all requirements for clearance are complied with, but only if the owner or operator of the vessel files a bond in an amount set by the Secretary conditioned on the compliance by the owner or operator with all specified requirements for clearance within a time period (not exceeding 4 business days) established by the Secretary; and (3) permit clearance to be obtained at a place other than a designated port of entry, under conditions the Secretary may prescribe.

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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. § 58c — Fees for certain customs services

**(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

19 U.S.C. § 1433 — Report of arrival of vessels, vehicles, and aircraft

**(a) Vessel arrival** (1) Immediately upon the arrival at any port or place within the United States or the Virgin Islands of— (A) any vessel from a foreign port or place; (B) any foreign vessel from a domestic port; (C) any vessel of the United States carrying foreign merchandise for which entry has not been made; or (D) any vessel which has visited a hovering vessel or received merchandise while outside the territorial sea; the master of the vessel shall report the arrival at the nearest customs facility or such other place as the Secretary may prescribe by regulations. (2) The Secretary may by regulation— (A) prescribe the manner in which arrivals are to be reported under paragraph (1); and (B) extend the time in which reports of arrival must be made, but not later than 24 hours after arrival. **(b) Vehicle arrival** (1) Vehicles may arrive in the United States only at border crossing points designated by the Secretary. (2) Except as otherwise authorized by the Secretary, immediately upon the arrival of any vehicle in the United States at a border crossing point, the person in charge of the vehicle shall— (A) report the arrival; and (B) present the vehicle, and all persons and merchandise (including baggage) on board, for inspection; to the customs officer at the customs facility designated for that crossing point. **(c) Aircraft arrival** The pilot of any aircraft arriving in the United States or the Virgin Islands from any foreign airport or place shall comply with such advance notification, arrival reporting, and landing requirements as the Secretary may by regulation prescribe. **(d) Presentation of documentation** The master, person in charge of a vehicle, or aircraft pilot shall present, or transmit pursuant to an electronic

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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. § 1448 — Unlading

**(a) Permits and preliminary entries** Except as provided in [section 1441 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1441&num=0&edition=prelim) (relating to vessels not required to enter or clear), no merchandise, passengers, or baggage shall be unladen from any vessel required to make entry under [section 1434 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1434&num=0&edition=prelim), or vehicle required to report arrival under [section 1433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1433&num=0&edition=prelim), until entry of such vessel or report of the arrival of such vehicle has been made and a permit for the unlading of the same issued or transmitted pursuant to an electronic data interchange system by the Customs Service. After the entry of any vessel or report of the arrival of any vehicle, the Customs Service may issue a permit, electronically pursuant to an authorized electronic data interchange system or otherwise, to the master of the vessel, or to the person in charge of the vehicle, to unlade merchandise or baggage, but except as provided in subdivision (b) of this section merchandise or baggage so unladen shall be retained at the place of unlading until entry therefor is made and a permit for its delivery granted, and the owners of the vessel or vehicle from which any imported merchandise is unladen prior to entry of such merchandise shall be liable for the payment of the duties accruing on any part thereof that may be removed from the place of unlading without a permit therefor having been issued. The owner or master of any vessel or vehicle, or agent thereof, shall notify the Customs Service of any merchandise or ba

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

19 U.S.C. § 1441 — Exceptions to vessel entry and clearance

Page 163 TITLE 19—CUSTOMS DUTIES § 1441 (5) The location from which the items origi- nated. (6) The entity responsible for the apprehen- sion or seizure, organized by location or port of entry. (7) The amount of penalties assessed by U.S. Customs and Border Protection, organized by name of the violator and location or port of entry. (8) The amount of penalties that U.S. Cus- toms and Border Protection could have levied, organized by name of the violator and location or port of entry. (9) The rationale for negotiating lower pen- alties, organized by name of the violator and location or port of entry. (c) Appropriate congressional committees de- fined In this section, the term ‘‘appropriate congres- sional committees’’ means— (1) the Committee on Finance and the Com- mittee on Homeland Security and Govern- mental Affairs of the Senate; and (2) the Committee on Ways and Means, the Committee on Oversight and Government Re- form, and the Committee on Homeland Secu- rity of the House of Representatives. (Pub. L. 115–271, title VIII, § 8008, Oct. 24, 2018, 132 Stat. 4081.) Editorial Notes REFERENCES IN TEXT Section 1436 of this title, as amended by section 8007, referred to in subsec. (a), is section 1436 of this title as amended by section 8007 of Pub. L. 115–271. CODIFICATION Section was enacted as part of the Synthetics Traf- ficking and Overdose Prevention Act of 2018, also known as the STOP Act of 2018, and also as part of the Substance Use–Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Com- munities Act, also known as the SUPPORT for Pa- tients and Communities Act, and not as part of the Tariff Act of 1930 which comprises this chapter. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Overs

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