19 U.S.C. § 1495 — Partnership bond

Page 193 TITLE 19—CUSTOMS DUTIES § 1495 Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. § 1493. Proceeds of sale The surplus of the proceeds of sales under sec- tion 1491 of this title, after the payment of stor- age charges, expenses, duties, taxes, and fees, and the satisfaction of any lien for freight, charges, or contribution in general average, shall be deposited in the Treasury of the United States, if claim therefor shall not be filed with the Customs Service within ten days from the date of sale, and the sale of such merchandise shall exonerate the master of any vessel in which the merchandise was imported from all claims of the owner thereof, who shall, never- theless, on due proof of his interest, be entitled to receive from the Treasury the amount of any surplus of the proceeds of sale. (June 17, 1930, ch. 497, title IV, § 493, 46 Stat. 727; Pub. L. 91–271, title III, § 301(e), June 2, 1970, 84 Stat. 288; Pub. L. 103–182, title VI, § 661, Dec. 8, 1993, 107 Stat. 2214.) Editorial Notes PRIOR PROVISIONS Provisions substantially similar in most respects to those in this section, with further provisions con- cerning the documents to be forwarded by the collector to the Treasury Department, were contained in R.S. § 2974, which was superseded and more nearly assimi- lated to the present section by act Sept. 21, 1922, ch. 356, title IV, § 493, 42 Stat. 964, and repealed by section 642 thereof. Section 493 of the 1922 act was superseded by section 493 of act June 17, 1930, comprising this sec- tion, and repealed by section 651(a)(1) of the 1930 act. AMENDMENTS 1993—Pub. L. 103–182 inserted ‘‘taxes, and fees,’’ after ‘‘duties,’’, struck out ‘‘by the appropriate customs offi- cer’’ after ‘‘shall be deposited’’, and substituted ‘‘the Customs Service’’ for ‘‘such customs officer’’. 1970—Pub. L. 91–271 substituted references to appro- priate customs officer or such customs officer for ref- erences to collector wherever appearing. 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. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. APPROPRIATIONS Act June 26, 1934, ch. 756, § 2, 48 Stat. 1225, which was classified to section 725a of former Title 31, Money and Finance, repealed the permanent appropriation under the title ‘‘Refunding proceeds of unclaimed merchan- dise (Customs) (2x326)’’ effective July 1, 1935, and pro- vided that such portions of any Acts as make perma- nent appropriations to be expended under such account are amended so as to authorize, in lieu thereof, annual appropriations from the general fund of the Treasury in identical terms and in such amounts as now provided by the laws providing such permanent appropriations. § 1494. Expense of weighing and measuring In all cases in which the invoice or entry does not state the weight, quantity, or measure of the merchandise, the expense of ascertaining the same shall be collected from the importer of record before its release from customs custody. (June 17, 1930, ch. 497, title IV, § 494, 46 Stat. 727; Pub. L. 97–446, title II, § 201(e), Jan. 12, 1983, 96 Stat. 2350.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 21, 1922, ch. 356, title IV, § 494, 42 Stat. 964. That section was superseded by section 494 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. A prior provision requiring merchandise to be weighed, gauged or measured at the expense of the owner, agent or consignee, in cases in which the invoice or entry did not contain the weight, quantity or meas- ure was contained in R.S. § 2920, prior to repeal by act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989. AMENDMENTS 1983—Pub. L. 97–446 substituted ‘‘importer of record’’ for ‘‘consignee’’ after ‘‘collected from the’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 97–446 applicable with respect to merchandise entered on and after 30th day after Jan. 12, 1983, see section 201(g) of Pub. L. 97–446, set out as a note under section 1484 of this title. § 1495. Partnership bond When any bond is required by law or regula- tions to be executed by any partnership for any purpose connected with the transaction of busi- ness at any customhouse, the execution of such bond by any member of such partnership shall bind the other partners in like manner and to the same extent as if such other partners had personally joined in the execution, and an ac- tion or suit may be instituted on such bond against all partners as if all had executed the same. (June 17, 1930, ch. 497, title IV, § 495, 46 Stat. 727.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 21, 1922, ch. 356, title IV, § 495, 42 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; special circumstances; ‘‘baggage and effects’’ defined Except as otherwise provided by law, no indi- vidual returning to the United States from abroad shall be— (1) entitled to the admission of his or her baggage and effects free of duty without entry; or (2) entitled to expedited customs examina- tion and clearance of his or her baggage and effects. Paragraph (2) shall not apply to individuals in special circumstances (including being seriously ill or infirm, having been summoned by news of affliction or disaster, and accompanying the body of a deceased relative). For purposes of this section, the term ‘‘baggage and effects’’ means any article which was in the possession of the individual while abroad and is being imported in connection with his or her arrival and is in- tended for his or her bona fide personal or household use. Such term does not include any article imported as an accommodation to others or for sale or other commercial use. (Pub. L. 95–410, title II, § 215, Oct. 3, 1978, 92 Stat. 904.) Editorial Notes CODIFICATION Section was enacted as part of Customs Procedural Reform and Simplification Act of 1978, and not as part of Tariff Act of 1930 which comprises this chapter. Statutory Notes and Related Subsidiaries CLEARANCE PROCEDURES STUDY; REPORT TO CONGRESSIONAL COMMITTEES Pub. L. 95–410, title II, § 216, Oct. 3, 1978, 92 Stat. 904, provided that the Comptroller General, in cooperation with the Customs Service of the Department of the Treasury and the Immigration and Naturalization Service of the Department of Justice, study clearance procedures for individuals entering or reentering the United States, and to report the results of his study and any recommendations for expediting the clearance process to specific committees of the United States Senate and the House of Representatives not later than Sept. 1, 1979. § 1497. Penalties for failure to declare (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 sub- stance, the value of the article. (b) Value of controlled substances (1) Notwithstanding any other provision of this chapter, the value of any controlled sub- stance shall, for purposes of this section, be equal to the amount determined by the Sec- retary in consultation with the Attorney Gen- eral of the United States, to be equal to the price at which such controlled substance is like- ly 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 de- termining the price at which each controlled substance is likely to be illegally sold to the consumer of such controlled substance. (June 17, 1930, ch. 497, title IV, § 497, 46 Stat. 728; Pub. L. 99–570, title III, § 3116, Oct. 27, 1986, 100 Stat. 3207–83; Pub. L. 100–690, title VII, § 7367(a), Nov. 18, 1988, 102 Stat. 4479; Pub. L. 103–182, title VI, § 612, Dec. 8, 1993, 107 Stat. 2170.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 21, 1922, ch. 356, title IV, § 497, 42