19 U.S.C. § 1605 — Seizure; custody; storage

Page 294 TITLE 19—CUSTOMS DUTIES § 1605 Stat. 984. That section was superseded by section 604 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. Prior provisions substantially similar in effect, with a further provision for an allowance for expenses and services, were contained in R.S. § 3085. Provisions re- quiring district attorneys to cause investigations to be made before a United States commissioner and to ini- tiate and prosecute proper proceedings to recover fines and penalties were contained in act June 22, 1874, ch. 391, § 15, 18 Stat. 189. Both of these sections were re- pealed by act Sept. 21, 1922, ch. 356, title IV, §§ 642, 643, 42 Stat. 989. The 1922 act also superseded a provision contained in R.S. § 3087, requiring collectors to cause suits to be commenced without delay and prosecuted to effect. AMENDMENTS 1980—Pub. L. 96–417 substituted ‘‘the Attorney Gen- eral of the United States’’ and ‘‘the Attorney General’’ for ‘‘every United States district attorney’’ and ‘‘such district attorney’’, respectively, and authorized institu- tion of proceedings in the Court of International Trade. 1970—Pub. L. 91–271 substituted reference to customs officers for reference to collectors. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of Title 28, Judiciary and Judicial Procedure. 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. § 1605. Seizure; custody; storage All vessels, vehicles, aircraft, merchandise, and baggage seized under the provisions of the customs laws, or laws relating to the naviga- tion, registering, enrolling or licensing, or entry or clearance, of vessels, unless otherwise pro- vided by law, shall be placed and remain in the custody of the appropriate customs officer for the district in which the seizure was made to await disposition according to law. Pending such disposition, the property shall be stored in such place as, in the customs offi- cer’s opinion, is most convenient and appro- priate with due regard to the expense involved, whether or not the place of storage is within the judicial district or the customs collection dis- trict in which the property was seized; and stor- age of the property outside the judicial district or customs collection district in which it was seized shall in no way affect the jurisdiction of the court which would otherwise have jurisdic- tion over such property. (June 17, 1930, ch. 497, title IV, § 605, 46 Stat. 754; Sept. 1, 1954, ch. 1213, title V, § 505, 68 Stat. 1141; Pub. L. 91–271, title III, § 301(cc), June 2, 1970, 84 Stat. 291; Pub. L. 98–473, title II, § 321, Oct. 12, 1984, 98 Stat. 2056; Pub. L. 98–573, title II, § 213(a)(2), Oct. 30, 1984, 98 Stat. 2984.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 21, 1922, ch. 356, title IV, § 605, 42 Stat. 985. That section was superseded by section 605 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 so far as it relates to merchandise or property seized under the customs laws, were contained in R.S. § 3086, prior to repeal by act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989. AMENDMENTS 1984—Pub. L. 98–573 and Pub. L. 98–473 inserted ref- erence to aircraft in first par. 1970—Pub. L. 91–271 substituted references to appro- priate customs officer or customs officer for references to collector wherever appearing. 1954—Act Sept. 1, 1954, permitted collector of seized property to store it in such places as he considers con- venient or appropriate, whether within or without the judicial district in which it was seized, without affect- ing the jurisdiction of the court over such property. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–573 effective Oct. 15, 1984, see section 214(e) of Pub. L. 98–573, set out as a note under section 1304 of this title. 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. § 1606. Seizure; appraisement The appropriate customs officer shall deter- mine the domestic value, at the time and place of appraisement, of any vessel, vehicle, aircraft, merchandise, or baggage seized under the cus- toms laws. (June 17, 1930, ch. 497, title IV, § 606, 46 Stat. 754; Pub. L. 91–271, title III, § 301(dd), June 2, 1970, 84 Stat. 291; Pub. L. 98–473, title II, § 321, Oct. 12, 1984, 98 Stat. 2056; Pub. L. 98–573, title II, § 213(a)(3), Oct. 30, 1984, 98 Stat. 2984.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 21, 1922, ch. 356, title IV, § 606, 42 Stat. 985. That section was superseded by section 606 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. Prior provisions for appraisement of property seized under the customs laws, or laws relating to the reg- istering, enrolling or licensing of vessels, were con- tained in R.S. § 3074, prior to repeal by act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989. AMENDMENTS 1984—Pub. L. 98–573 and Pub. L. 98–473 inserted ref- erence to aircraft. 1970—Pub. L. 91–271 substituted ‘‘appropriate customs officer shall’’ for ‘‘collector shall require the appraiser to’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–573 effective Oct. 15, 1984, see section 214(e) of Pub. L. 98–573, set out as a note under section 1304 of this title. 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.