19 U.S.C. § 1709 — Definitions

Page 436 TITLE 19—CUSTOMS DUTIES § 1707 Editorial Notes CODIFICATION Section was not enacted as part of act Aug. 5, 1935, ch. 438, which comprises this chapter. Section was classified to section 319 of the former Ap- pendix to Title 46, Shipping, prior to the completion of the enactment of Title 46 by Pub. L. 109–304, Oct. 6, 2006, 120 Stat. 1485. AMENDMENTS 1980—Pub. L. 96–594 substituted provisions relating to violations and penalties for employment in a trade of a vessel entitled to be documented but not so docu- mented for provisions relating to fines and penalties for trading without a license by a vessel twenty tons or upward, and struck out provisions respecting expira- tion of a license while a vessel is at sea. 1935—Act Aug. 5, 1935, provided for forfeiture, to deem marks, etc., prima facie evidence of foreign origin of merchandise, and to substitute ‘‘said fine or forfeiture’’ for ‘‘said fine of $30’’ in last sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–594, title I, § 128, Dec. 24, 1980, 94 Stat. 3461, provided in part that the amendment made by Pub. L. 96–594 is effective on first day of eighteenth month fol- lowing December 1980. § 1707. Repealed. Pub. L. 104–295, § 3(a)(2), Oct. 11, 1996, 110 Stat. 3515 Section, act Aug. 5, 1935, ch. 438, title I, § 7, 49 Stat. 520, required certificate for importation of alcoholic liquors in small vessels, provided for issuance of bond where liquor was destined for foreign port, and author- ized penalties for failure to carry certificate unless lost, mislaid without fraud, defaced by accident, or in- correct by reason of clerical error or other mistake. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal of section applicable as of Dec. 8, 1993, see sec- tion 3(b) of Pub. L. 104–295, set out as an Effective Date of 1996 Amendment note under section 1321 of this title. § 1708. Repealed. Pub. L. 106–36, title I, § 1001(b)(6), June 25, 1999, 113 Stat. 132 Section, act Aug. 5, 1935, ch. 438, title I, § 8, 49 Stat. 520, related to lading vessel in foreign port with liquor for importation. § 1709. Definitions When used in this Act: (a) The term ‘‘United States’’, when used in a geographical sense, includes all Territories and possessions of the United States, except the Vir- gin Islands, the Canal Zone, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, and the island of Guam. (b) The term ‘‘officer of the customs’’ means any officer of the Customs Service or any com- missioned, warrant, or petty officer of the Coast Guard, or agent or other person authorized by law or by the Secretary of the Treasury, or ap- pointed in writing by a collector, to perform the duties of an officer of the Customs Service. (c) The term ‘‘customs waters’’ means, in the case of a foreign vessel subject to a treaty or other arrangement between a foreign govern- ment and the United States enabling or permit- ting the authorities of the United States to board, examine, search, seize, or otherwise to enforce upon such vessel upon the high seas the laws of the United States, the waters within such distance of the coast of the United States as the said authorities are or may be so enabled or permitted by such treaty or arrangement and, in the case of every other vessel, the waters within four leagues of the coast of the United States. (d) The term ‘‘hovering vessel’’ means any ves- sel which is found or kept off the coast of the United States within or without the customs waters, if, from the history, conduct, character, or location of the vessel, it is reasonable to be- lieve that such vessel is being used or may be used to introduce or promote or facilitate the introduction or attempted introduction of mer- chandise into the United States in violation of the laws respecting the revenue. (Aug. 5, 1935, ch. 438, title IV, § 401, 49 Stat. 529; June 25, 1938, ch. 679, § 2, 52 Stat. 1077; Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; June 30, 1955, ch. 258, § 2(b), 69 Stat. 242.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means act Aug. 5, 1935, which enacted this chapter and sections 1432a and 1601a of this title and amended sections 70, 483, 1401, 1434, 1436, 1441, 1581, 1584, 1585, 1586, 1587, 1591, 1592, 1615, 1619, 1621 of this title, sections 60, 106, and 288 of former Title 46, Shipping, and sections 91, 277, 319, 325 of former Title 46, Appendix. For complete classification of this Act to the Code, see Tables. For definition of Canal Zone, referred to in subsec. (a), see section 3602(b) of Title 22, Foreign Relations and Intercourse. CODIFICATION Words ‘‘the Philippine Islands’’ in subsec. (a) were omitted on authority of Proc. No. 2695, which is set out as a note under section 1394 of Title 22, Foreign Rela- tions and Intercourse, and in which the President pro- claimed the independence of the Philippines. AMENDMENTS 1955—Subsec. (a). Act June 30, 1955, inserted ‘‘John- ston Island’’. 1938—Subsec. (a). Act June 25, 1938, inserted ‘‘Wake Island, Midway Islands, Kingman Reef’’ before ‘‘and the island of Guam.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1955 AMENDMENT Amendment by act June 30, 1955, effective July 1, 1955, see note set out under section 1401 of this title. EFFECTIVE DATE OF 1938 AMENDMENT Amendment by act June 25, 1938, effective on thir- tieth day following June 25, 1938, except as otherwise specifically provided, see section 37 of act June 25, 1938, set out as a note under section 1401 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- Page 437 TITLE 19—CUSTOMS DUTIES § 1752 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. For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Coast Guard transferred to Department of Transpor- tation and functions, powers, and duties, relating to Coast Guard, of Secretary of the Treasury and of other offices and officers of Department of the Treasury transferred to Secretary of Transportation by section 6(b)(1) of Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 938. Sec- tion 6(b)(2), however, provided that notwithstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when President directs as provided in former section 3 (now 103) of Title 14, Coast Guard. See section 108 of Title 49, Transpor- tation. Executive Documents TRANSFER OF FUNCTIONS All offices of collector of customs, comptroller of cus- toms, surveyor of customs, and appraiser of merchan- dise in Bureau of Customs of Department of the Treas- ury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than December 31, 1966, by Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out as a note under section 1, of this title. Functions of all officers of Department of the Treas- ury and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of those officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Em- ployees. Under the Plan, collectors of customs and Commandant of Coast Guard were officers of Depart- ment of the Treasury, but, in case of Coast Guard and Commandant thereof, the Plan provided that, notwith- standing transfer of functions, Coast Guard should con- tinue to operate as a part of Navy, subject to orders of Secretary of the Navy, in time of war or when Presi- dent directed, as provided in former sections 1 and 3 (now 101 and 103) of Title 14, Coast Guard. § 1710. Separability If any clause, sentence, paragraph, or part of this Act, or the application thereof to any per- son, or circumstances, is held invalid, the appli- cation thereof to other persons, or cir- cumstances, and the remainder of the Act, shall not be affected thereby. (Aug. 5, 1935, ch. 438, title IV, § 402, 49 Stat. 529.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means act Aug. 5, 1935, which enacted this chapter and sections 1432a and 1601a of this title and amended sections 70, 483, 1401, 1434, 1436, 1441, 1581, 1584, 1585, 1586, 1587, 1591, 1592, 1615, 1619, 1621 of this title, sections 60, 106, and 288 of former Title 46, Shipping, and sections 91, 277, 319, 325 of former Title 46, Appendix. For complete classification of this Act to the Code, see Tables. § 1711. Citation of chapter This Act may be cited as the ‘‘Anti-Smuggling Act’’. (Aug. 5, 1935, ch. 438, title IV, § 403, 49 Stat. 529.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means act Aug. 5, 1935, which enacted this chapter and sections 1432a and 1601a of this title and amended sections 70, 483, 1401, 1434, 1436, 1441, 1581, 1584, 1585, 1586, 1587, 1591, 1592, 1615, 1619, 1621 of this title, sections 60, 106, and 288 of former Title 46, Shipping, and sections 91, 277, 319, 325 of former Title 46, Appendix. For complete classification of this Act to the Code, see Tables. CHAPTER 6—TRADE FAIR PROGRAM Sec. 1751. Designation of fairs. 1752. Entry of articles for fairs. 1753. Disposition of articles entered for fairs. 1754. Marking, packaging, and labeling require- ments. 1755. Responsibilities of fair operator. 1756. Regulations. § 1751. Designation of fairs (a) Notice to Secretary of the Treasury When the Secretary of Commerce is satisfied that the public interest in promoting trade will be served by allowance of the privileges provided for in this chapter to any fair to be held in the United States, he shall so advise the Secretary of the Treasury, designating (1) the name of the fair, (2) the place where the fair will be held, (3) the date when the fair will open and the date when it will close, and (4) the name of the oper- ator of the fair. (b) Definitions For purposes of this chapter— (1) The term ‘‘fair’’ means any fair, exhi- bition, or exposition designated by the Sec- retary of Commerce pursuant to this section. (2) The term ‘‘closing date’’ in the case of any fair means the date designated pursuant to subsection (a)(3) as the date when the fair will close, or (if earlier) the date on which such fair actually closes. (c) Regulations The Secretary of Commerce may prescribe such regulations as he deems necessary or ap- propriate to carry out the provisions of this sec- tion. (Pub. L. 86–14, § 2, Apr. 22, 1959, 73 Stat. 18.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 86–14, § 1, Apr. 22, 1959, 73 Stat. 18, provided: ‘‘This Act [enacting this chapter] may be cited as the ‘Trade Fair Act of 1959’.’’ § 1752. Entry of articles for fairs Any article imported or brought into the United States—