19 U.S.C. § 1431 — Manifests

Page 155 TITLE 19—CUSTOMS DUTIES § 1431 tence, nothing in this section shall be treated as amending, repealing, or otherwise modifying title IV of the Tariff Act of 1930 or regulations promulgated there- under.’’ Subsec. (a)(3)(G). Pub. L. 107–295, § 108(b)(3)(C), in- serted ‘‘cargo’’ after ‘‘confidential’’ and ‘‘pursuant to such regulations, except for the manifest information collected pursuant to section 431 of the Tariff Act of 1930 and required to be available for public disclosure pursuant to section 431(c) of such Act.’’ after ‘‘Customs Service’’ and struck out at end ‘‘However, this param- eter does not repeal, amend, or otherwise modify other provisions of law relating to the public disclosure of in- formation transmitted to the Customs Service.’’ Subsec. (a)(3)(H). Pub. L. 107–295, § 108(b)(3)(A), sub- stituted ‘‘cargo safety and security’’ for ‘‘aviation, maritime, and surface transportation safety and secu- rity’’. Subsec. (a)(3)(L). Pub. L. 107–295, § 108(b)(3)(D)(i)(II), which directed the substitution of ‘‘publication of a final rule pursuant to this section’’ for ‘‘promulgation of regulations’’ in introductory provisions, was exe- cuted by making the substitution for ‘‘promulgation of the regulations’’ to reflect the probable intent of Con- gress. Pub. L. 107–295, § 108(b)(3)(D)(i)(I), substituted ‘‘15 days’’ for ‘‘60 days’’ in introductory provisions. Subsec. (a)(3)(L)(ii). Pub. L. 107–295, § 108(b)(3)(A), sub- stituted ‘‘cargo safety and security’’ for ‘‘aviation, maritime, and surface transportation safety and secu- rity’’. Subsec. (a)(3)(L)(v). Pub. L. 107–295, § 108(b)(3)(D)(ii)–(iv), added cl. (v). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Con- gress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representa- tives by House Resolution No. 5, One Hundred Eight- eenth Congress, Jan. 9, 2023. EFFECTIVE DATE OF 2005 AMENDMENT Pub. L. 109–59, title XI, § 11165(b), Aug. 10, 2005, 119 Stat. 1976, provided that: ‘‘The amendment made by this section [amending this section] shall take effect on the date of the enactment of this Act [Aug. 10, 2005].’’ INTERNATIONAL POSTAL AGREEMENTS Pub. L. 115–271, title VIII, § 8004, Oct. 24, 2018, 132 Stat. 4079, provided that: ‘‘(a) EXISTING AGREEMENTS.— ‘‘(1) IN GENERAL.—In the event that any provision of this subtitle [subtitle A (§§ 8001–8009) of title VIII of Pub. L. 115–271, see Short Title of 2018 Amendment note set out under section 1 of this title], or any amendment made by this subtitle, is determined to be in violation of obligations of the United States under any postal treaty, convention, or other inter- national agreement related to international postal services, or any amendment to such an agreement, the Secretary of State should negotiate to amend the relevant provisions of the agreement so that the United States is no longer in violation of the agree- ment. ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this sub- section shall be construed to permit delay in the im- plementation of this subtitle or any amendment made by this subtitle. ‘‘(b) FUTURE AGREEMENTS.— ‘‘(1) CONSULTATIONS.—Before entering into, on or after the date of the enactment of this Act [Oct. 24, 2018], any postal treaty, convention, or other inter- national agreement related to international postal services, or any amendment to such an agreement, that is related to the ability of the United States to secure the provision of advance electronic informa- tion by foreign postal operators, the Secretary of State should consult with the appropriate congres- sional committees (as defined in section 8003(f)) [Committee on Finance and Committee on Homeland Security and Governmental Affairs of the Senate and Committee on Ways and Means, Committee on Over- sight and Accountability, and Committee on Home- land Security of the House of Representatives]. ‘‘(2) EXPEDITED NEGOTIATION OF NEW AGREEMENT.— To the extent that any new postal treaty, convention, or other international agreement related to inter- national postal services would improve the ability of the United States to secure the provision of advance electronic information by foreign postal operators as required by regulations prescribed under section 343(a)(3)(K) of the Trade Act of 2002 [19 U.S.C. 1415(a)(3)(K)], as amended by section 8003(a)(1), the Secretary of State should expeditiously conclude such an agreement.’’ COST RECOUPMENT Pub. L. 115–271, title VIII, § 8005, Oct. 24, 2018, 132 Stat. 4079, provided that: ‘‘(a) IN GENERAL.—The United States Postal Service shall, to the extent practicable and otherwise recover- able by law, ensure that all costs associated with com- plying with this subtitle [subtitle A (§§ 8001–8009) of title VIII of Pub. L. 115–271, see Short Title of 2018 Amendment note set out under section 1 of this title] and amendments made by this subtitle are charged di- rectly to foreign shippers or foreign postal operators. ‘‘(b) COSTS NOT CONSIDERED REVENUE.—The recovery of costs under subsection (a) shall not be deemed rev- enue for purposes of subchapter I and II of chapter 36 of title 39, United States Code, or regulations prescribed under that chapter.’’ PART II—REPORT, ENTRY, AND UNLADING OF VESSELS AND VEHICLES § 1431. Manifests (a) In general Every vessel required to make entry under section 1434 of this title or obtain clearance under section 60105 of title 46 shall have a mani- fest that complies with the requirements pre- scribed under subsection (d). (b) Production of manifest Any manifest required by the Customs Service shall be signed, produced, delivered or electroni- cally transmitted by the master or person in charge of the vessel, aircraft, or vehicle, or by any other authorized agent of the owner or oper- ator of the vessel, aircraft, or vehicle in accord- ance with the requirements prescribed under subsection (d). A manifest may be supplemented by bill of lading data supplied by the issuer of such bill. If any irregularity of omission or com- mission occurs in any way in respect to any manifest or bill of lading data, the owner or op- erator of the vessel, aircraft or vehicle, or any party responsible for such irregularity, shall be liable for any fine or penalty prescribed by law with respect to such irregularity. The Customs Service may take appropriate action against any of the parties. (c) Public disclosure of certain manifest informa- tion (1) Except as provided in subparagraph (2), the following information, when contained in a ves- Page 156 TITLE 19—CUSTOMS DUTIES § 1431 1 So in original. sel vessel 1 or aircraft manifest, shall be avail- able for public disclosure: (A) The name and address of each importer or consignee and the name and address of the shipper to such importer or consignee, unless the importer or consignee has made a biennial certification, in accordance with procedures adopted by the Secretary of the Treasury, claiming confidential treatment of such infor- mation. (B) The general character of the cargo. (C) The number of packages and gross weight. (D) The name of the vessel, aircraft, or car- rier. (E) The seaport or airport of loading. (F) The seaport or airport of discharge. (G) The country of origin of the shipment. (H) The trademarks appearing on the goods or packages. (2)(A) The information listed in paragraph (1) shall not be available for public disclosure if— (i) the Secretary of the Treasury makes an affirmative finding on a shipment-by-shipment basis that disclosure is likely to pose a threat of personal injury or property damage; or (ii) the information is exempt under the pro- visions of section 552(b)(1) of title 5. (B) The Secretary shall ensure that any per- sonally identifiable information, including So- cial Security numbers and passport numbers, is removed from any manifest signed, produced, delivered, or electronically transmitted under this section before access to the manifest is pro- vided to the public. (3) The Secretary of the Treasury, in order to allow for the timely dissemination and publica- tion of the information listed in paragraph (1), shall establish procedures to provide access to manifests. Such procedures shall include provi- sions for adequate protection against the public disclosure of information not available for pub- lic disclosure from such manifests. (d) Regulations (1) In general The Secretary shall by regulation— (A) specify the form for, and the informa- tion and data that must be contained in, the manifest required by subsection (a); (B) allow, at the option of the individual producing the manifest and subject to para- graph (2), letters and documents shipments to be accounted for by summary manifesting procedures; (C) prescribe the manner of production for, and the delivery for electronic transmittal of, the manifest required by subsection (a); and (D) prescribe the manner for supplementing manifests with bill of lading data under subsection (b). (2) Letters and documents shipments For purposes of paragraph (1)(B)— (A) the Customs Service may require with respect to letters and documents ship- ments— (i) that they be segregated by country of origin, and (ii) additional examination procedures that are not necessary for individually manifested shipments; (B) standard letter envelopes and standard document packs shall be segregated from larger document shipments for purposes of customs inspections; and (C) the term ‘‘letters and documents’’ means— (i) data described in General Headnote 4(c) of the Harmonized Tariff Schedule of the United States, (ii) securities and similar evidences of value described in heading 4907 of such Schedule, but not monetary instruments defined pursuant to chapter 53 of title 31, and (iii) personal correspondence, whether on paper, cards, photographs, tapes, or other media. (June 17, 1930, ch. 497, title IV, § 431, 46 Stat. 710; Aug. 8, 1953, ch. 397, § 15, 67 Stat. 516; Pub. L. 98–573, title II, § 203, Oct. 30, 1984, 98 Stat. 2974; Pub. L. 100–690, title VII, § 7367(c)(1), Nov. 18, 1988, 102 Stat. 4479; Pub. L. 103–182, title VI, § 635, Dec. 8, 1993, 107 Stat. 2199; Pub. L. 104–153, § 11, July 2, 1996, 110 Stat. 1389; Pub. L. 104–295, § 3(a)(3), Oct. 11, 1996, 110 Stat. 3515; Pub. L. 118–39, § 2(a), Feb. 9, 2024, 138 Stat. 16.) Editorial Notes REFERENCES IN TEXT The Harmonized Tariff Schedule of the United States, referred to in subsec. (d)(2)(C)(i), (ii), is not set out in the Code. See Publication of Harmonized Tariff Sched- ule note set out under section 1202 of this title. CODIFICATION In subsec. (a), ‘‘section 60105 of title 46’’ substituted for ‘‘section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91)’’ on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act en- acted section 60105 of Title 46, Shipping. PRIOR PROVISIONS R.S. §§ 2806, 2807 (as amended by act June 3, 1902, ch. 86, § 1, 27 Stat. 41), and 2808, requiring manifests, and prescribing their contents, were superseded by act Sept. 21, 1922, ch. 356, title IV, § 431, 42 Stat. 950, and re- pealed by section 642 thereof. Section 431 of the 1922 act was superseded by section 431 of act June 17, 1930, com- prising this section, and repealed by section 651(a)(1) of the 1930 act. R.S. § 2805, relative to the administration of oaths re- quired by that chapter, was superseded to a great ex- tent by the Customs Administrative Act of June 10, 1890, ch. 407, § 22, 26 Stat. 140, amended by the Payne-Al- drich Tariff Act of Aug. 5, 1909, ch. 6, § 28, 36 Stat. 102, and by the Underwood Tariff Act of Oct. 3, 1913, ch. 16, § IV, S., 38 Stat. 201, which abolished all oaths adminis- tered by officers of the customs, except as provided in those acts and repealed by act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989. AMENDMENTS 2024—Subsec. (c)(2). Pub. L. 118–39 amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘The information listed in paragraph (1) shall not be available for public disclosure if— ‘‘(A) the Secretary of the Treasury makes an af- firmative finding on a shipment-by-shipment basis Page 157 TITLE 19—CUSTOMS DUTIES § 1431a 1 See References in Text note below. 2 So in original. Probably should be ‘‘1702(17)(B))))’’. that disclosure is likely to pose a threat of personal injury or property damage; or ‘‘(B) the information is exempt under the provisions of section 552(b)(1) of title 5.’’ 1996—Subsec. (c). Pub. L. 104–295 substituted ‘‘a vessel manifest’’ for ‘‘such manifest’’ in introductory provi- sions. Pub. L. 104–153 inserted ‘‘vessel or aircraft’’ before ‘‘manifest’’ in introductory provisions, amended sub- pars. (D) to (F) generally, substituting ‘‘vessel, aircraft, or carrier’’ for ‘‘vessel or carrier’’ in subpar. (D) and ‘‘seaport or airport’’ for ‘‘port’’ in subpars. (E) and (F), and added subpar. (H). 1993—Subsecs. (a) and (b). Pub. L. 103–182, § 635(1), amended subsecs. (a) and (b) generally, substituting present provisions for provisions relating to, in subsec. (a), the requirement, form, and contents of manifests and, in subsec. (b), the signing and delivery of mani- fests. Subsec. (d). Pub. L. 103–182, § 635(2), added subsec. (d). 1988—Subsec. (c)(1)(G). Pub. L. 100–690 substituted ‘‘country of origin’’ for ‘‘country or origin’’. 1984—Subsec. (a). Pub. L. 98–573, § 203(1), inserted ‘‘; and the names of the shippers of such merchandise’’ in par. Third. Subsec. (c). Pub. L. 98–573, § 203(2), added subsec. (c). 1953—Act Aug. 8, 1953, designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2024 AMENDMENT Pub. L. 118–39, § 2(b), Feb. 9, 2024, 138 Stat. 16, provided that: ‘‘The amendment made by subsection (a) [amend- ing this section] shall take effect on the date that is 30 days after the date of the enactment of this Act [Feb. 9, 2024].’’ EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–295 applicable as of Dec. 8, 1993, see section 3(b) of Pub. L. 104–295, set out as a note under section 1321 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–573 effective on 15th day after Oct. 30, 1984, see section 214(a), (b) of Pub. L. 98–573, set out as a note under section 1304 of this title. EFFECTIVE DATE OF 1953 AMENDMENT; SAVINGS PROVISION Amendment to this section effective on and after thirtieth day following Aug. 8, 1953, and savings provi- sion, see notes set out under section 1304 of this title. REGULATIONS Pub. L. 104–153, § 14, July 2, 1996, 110 Stat. 1390, pro- vided that: ‘‘Not later than 6 months after the date of the enactment of this Act [July 2, 1996], the Secretary of the Treasury shall prescribe such regulations or amendments to existing regulations that may be nec- essary to carry out the amendments made by sections 9, 10, 11, 12, and 13 of this Act [amending this section, sections 1484 and 1526 of this title, and section 80302 of Title 49, Transportation].’’ 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. § 1431a. Documentation of waterborne cargo (a) Applicability This section shall apply to all cargo to be ex- ported that is moved by a vessel carrier from a port in the United States. (b) Documentation required (1) No shipper of cargo subject to this section (including an ocean transportation intermediary that is a non-vessel-operating common carrier (as defined in section 3(17)(B) of the Shipping Act of 1984 (46 U.S.C. App. 1702(17)(B) 1) 2 may tender or cause to be tendered to a vessel carrier cargo subject to this section for loading on a vessel in a United States port, unless such cargo is properly documented pursuant to this sub- section. (2) For the purposes of this subsection, cargo shall be considered properly documented if the shipper submits to the vessel carrier or its agent a complete set of shipping documents no later than 24 hours after the cargo is delivered to the marine terminal operator, but under no cir- cumstances later than 24 hours prior to depar- ture of the vessel. (3) A complete set of shipping documents shall include— (A) for shipments for which a shipper’s ex- port declaration is required, a copy of the ex- port declaration or, if the shipper files such declarations electronically in the Automated Export System, the complete bill of lading, and the master or equivalent shipping instruc- tions, including the Internal Transaction Number (ITN); or (B) for shipments for which a shipper’s ex- port declaration is not required, a shipper’s export declaration exemption statement and such other documents or information as the Secretary may by regulation prescribe. (4) The Secretary shall by regulation prescribe the time, manner, and form by which shippers shall transmit documents or information re- quired under this subsection to the Customs Service. (c) Loading undocumented cargo prohibited (1) No marine terminal operator (as defined in section 3(14) of the Shipping Act of 1984 (46 U.S.C. App. 1702(14))) 1 may load, or cause to be loaded, any cargo subject to this section on a vessel unless instructed by the vessel carrier op- erating the vessel that such cargo has been prop- erly documented in accordance with this sec- tion. (2) When cargo is booked by 1 vessel carrier to be transported on the vessel of another vessel carrier, the booking carrier shall notify the op- erator of the vessel that the cargo has been properly documented in accordance with this section. The operator of the vessel may rely on such notification in releasing the cargo for load- ing aboard the vessel.