19 U.S.C. § 1460 — Untitled legal text

Page 173 TITLE 19—CUSTOMS DUTIES § 1463 1 See Codification note below. 1 See Codification note below. 1 See Codification note below. fests, entries, etc., were contained in R.S. §§ 3096 and 3097. Provisions for the delivery of a manifest by the mas- ter of vessels, except registered vessels, and the person in charge of boats, vehicles, etc., coming from any for- eign territory adjacent to the United States, were con- tained in R.S. § 3098. R.S. § 3121, provided that the master of any vessel with cargo, passengers, or baggage from any foreign port, should obtain a permit and comply with existing laws before discharging or landing the same. R.S. § 3128, made special provision for landing of mer- chandise imported by steamboat on Lake Champlain. All of the foregoing sections of the Revised Statutes (3095–3098, 3109, 3121 and 3128) with the exception of R.S. § 3109, were repealed by act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989. AMENDMENTS 1986—Pub. L. 99–570 amended section generally. Prior to amendment, section read as follows: ‘‘The master of any vessel of less than five net tons carrying merchan- dise and the person in charge of any vehicle arriving in the United States from contiguous country, shall im- mediately report his arrival to the customs officer at the port of entry or customhouse which shall be near- est to the place at which such vessel or vehicle shall cross the boundary line or shall enter the territorial waters of the United States, and if such vessel or vehi- cle have on board any merchandise, shall produce to such customs officer a manifest as required by law, and no such vessel or vehicle shall proceed farther inland nor shall discharge or land any merchandise, pas- sengers, or baggage without receiving a permit therefor from such customs officer. Any person importing or bringing merchandise into the United States from a contiguous country otherwise than in a vessel or vehi- cle shall immediately report his arrival to the customs officer at the port of entry or customhouse which shall be nearest to the place at which he shall cross the boundary line and shall present such merchandise to such customs officer for inspection.’’ 1938—Act June 25, 1938, substituted provisions requir- ing any person importing merchandise from a contig- uous country otherwise than in a vessel to report his arrival at the nearest customshouse and present such merchandise for inspection for provisions setting pen- alties of $100 for for the failure of the master of any vessel to report its arrival in the United States, for- feiture of vessel and goods for unlading without a per- mit, and $500 for the unlading of any passenger without a permit. Statutory Notes and Related Subsidiaries 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. § 1460. Repealed. Pub. L. 99–570, title III, § 3115(b), Oct. 27, 1986, 100 Stat. 3207–83 Section, acts June 17, 1930, ch. 497, title IV, § 460, 46 Stat. 717; June 25, 1938, ch. 679, § 10(b), 52 Stat. 1082, re- lated to penalties for failure to report or file manifest. § 1461. Inspection of merchandise and baggage 1 All merchandise and baggage imported or brought in from any contiguous country, except as otherwise provided by law or by regulations of the Secretary of the Treasury, shall be un- laden in the presence of and be inspected by a customs officer at the first port of entry at which the same shall arrive; and such officer may require the owner, or his agent, or other person having charge or possession of any trunk, traveling bag, sack, valise, or other container, or of any closed vehicle, to open the same for in- spection, or to furnish a key or other means for opening the same. (June 17, 1930, ch. 497, title IV, § 461, 46 Stat. 717.) Editorial Notes CODIFICATION As enacted by act June 17, 1930, the catchline for this section was ‘‘Same—inspection’’, as this section was in- tended to be read as a continuation of the provisions introduced in section 1459 of this title. When first en- acted, section 1459 of this title related to arrival in the United States from a contiguous country but has since been amended by Pub. L. 99–570 to relate to arrival more generally. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in R.S. § 3100, as amended by act Feb. 18, 1875, ch. 80, § 1, 18 Stat. 319, and act Feb. 27, 1877, ch. 69, § 1, 19 Stat. 248, which was superseded by act Sept. 21, 1922, ch. 356, title IV, § 461, 42 Stat. 956, and was repealed by sec- tion 642 thereof. Section 461 of the 1922 act was super- seded by section 461 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. § 1462. Forfeiture 1 If such 1 owner, agent, or other person shall fail to comply with his demand, the officer 1 shall retain such trunk, traveling bag, sack, va- lise, or other container or closed vehicle, and open the same, and, as soon thereafter as may be practicable, examine the contents, and if any ar- ticle subject to duty or any article the importa- tion of which is prohibited is found therein, the whole contents and the container or vehicle shall be subject to forfeiture. (June 17, 1930, ch. 497, title IV, § 462, 46 Stat. 718.) Editorial Notes CODIFICATION As enacted by act June 17, 1930, the catchline for this section was ‘‘Same—forfeiture’’, as this section was in- tended to be read as a continuation of the provisions introduced in section 1459 of this title. When first en- acted, section 1459 of this title related to arrival in the United States from a contiguous country but has since been amended by Pub. L. 99–570 to relate to arrival more generally. The uses of ‘‘such’’ and ‘‘the officer’’ in text are meant to refer back to section 1461 of this title. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in R.S. § 3101, which was superseded by act Sept. 21, 1922, ch. 356, title IV, § 462, 42 Stat. 956, and was re- pealed by section 642 thereof. Section 462 of the 1922 act was superseded by section 462 of act June 17, 1930, com- prising this section, and repealed by section 651(a)(1) of the 1930 act. § 1463. Sealed vessels and vehicles 1 To avoid unnecessary inspection of merchan- dise imported from a contiguous country at the