19 U.S.C. § 1527 — Importation of wild mammals and birds in

Page 251 TITLE 19—CUSTOMS DUTIES § 1527 (June 17, 1930, ch. 497, title IV, § 526, 46 Stat. 741; Pub. L. 93–596, § 3, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 95–410, title II, § 211(a), (c), Oct. 3, 1978, 92 Stat. 903; Pub. L. 103–182, title VI, § 663, Dec. 8, 1993, 107 Stat. 2214; Pub. L. 104–153, §§ 9, 10, July 2, 1996, 110 Stat. 1388.) Editorial Notes REFERENCES IN TEXT Sections 81 to 109 of title 15, referred to in subsecs. (a) and (c), were repealed by act July 5, 1946, ch. 540, § 46(a), 61 Stat. 444. See sections 1051 to 1127, respectively, of Title 15, Commerce and Trade. Section 106 of title 15, referred to in subsec. (a), was repealed by act July 15, 1946, ch. 540, § 46(a), 60 Stat. 444. See section 1124 of Title 15. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 21, 1922, ch. 356, title IV, § 526, 42 Stat. 975. That section was superseded by section 526 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. AMENDMENTS 1996—Subsec. (e). Pub. L. 104–153, § 9, inserted ‘‘de- stroy the merchandise. Alternatively, if the merchan- dise is not unsafe or a hazard to health, and the Sec- retary has the consent of the trademark owner, the Secretary may’’ after ‘‘shall, after forfeiture,’’ in sec- ond sentence, inserted ‘‘or’’ at end of par. (2), sub- stituted period for ‘‘, or’’ at end of par. (3), and struck out par. (4) which read as follows: ‘‘if the merchandise is unsafe or a hazard to health, by destruction.’’ Subsec. (f). Pub. L. 104–153, § 10, added subsec. (f). 1993—Subsec. (e)(3). Pub. L. 103–182 substituted ‘‘90 days’’ for ‘‘1 year’’ and ‘‘the Customs Service’’ for ‘‘ap- propriate customs officers’’. 1978—Subsec. (a). Pub. L. 95–410, § 211(a)(1), sub- stituted ‘‘Except as provided in subsection (d) of this section, it’’ for ‘‘It’’. Subsec. (d). Pub. L. 95–410, § 211(a)(2), added subsec. (d). Subsec. (e). Pub. L. 95–410, § 211(c), added subsec. (e). Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Patent and Trademark Office’’ substituted for ‘‘Pat- ent Office’’ in subsec. (a) pursuant to Pub. L. 93–596, § 3, Jan. 2, 1975, 88 Stat. 1949, set out as a note under sec- tion 1 of Title 35, Patents. 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. § 1527. Importation of wild mammals and birds in violation of foreign law (a) Importation prohibited If the laws or regulations of any country, de- pendency, province, or other subdivision of gov- ernment restrict the taking, killing, possession, or exportation to the United States, of any wild mammal or bird, alive or dead, or restrict the exportation to the United States of any part or product of any wild mammal or bird, whether raw or manufactured, no such mammal or bird, or part or product thereof, shall, after the expi- ration of ninety days after June 17, 1930, be im- ported into the United States from such coun- try, dependency, province, or other subdivision of government, directly or indirectly, unless ac- companied by a certification of the United States consul, for the consular district in which is located the port or place from which such mammal or bird, or part or product thereof, was exported from such country, dependency, prov- ince, or other subdivision of government, that such mammal or bird, or part or product there- of, has not been acquired or exported in viola- tion of the laws or regulations of such country, dependency, province, or other subdivision of government. (b) Forfeiture Any mammal or bird, alive or dead, or any part or product thereof, whether raw or manu- factured, imported into the United States in vio- lation of the provisions of the preceding subdivi- sion shall be subject to seizure and forfeiture under the customs laws. Any such article so for- feited may, in the discretion of the Secretary of the Treasury and under such regulations as he may prescribe, be placed with the departments or bureaus of the Federal or State Governments, or with societies or museums, for exhibition or scientific or educational purposes, or destroyed, or (except in the case of heads or horns of wild mammals) sold in the manner provided by law. (c) Section not to apply in certain cases The provisions of this section shall not apply in the case of— (1) Prohibited importations Articles the importation of which is prohib- ited under the provisions of this chapter, or of section 42(a) of title 18, or of any other law; (2) Scientific or educational purposes Wild mammals or birds, alive or dead, or parts or products thereof, whether raw or manufactured, imported for scientific or edu- cational purposes; (3) Certain migratory game birds Migratory game birds (for which an open season is provided by the laws of the United States and any foreign country which is a party to a treaty with the United States, in ef- fect on the date of importation, relating to the protection of such migratory game birds) brought into the United States by bona fide sportsmen returning from hunting trips in such country, if at the time of importation the possession of such birds is not prohibited by the laws of such country or of the United States. (June 17, 1930, ch. 497, title IV, § 527, 46 Stat. 741.) Editorial Notes CODIFICATION In subsec. (c)(1), ‘‘section 42(a) of title 18’’ substituted for ‘‘section 241 of the Criminal Code [18 U.S.C. 391]’’ on Page 252 TITLE 19—CUSTOMS DUTIES § 1528 1 So in original. Probably should be capitalized. authority of act June 25, 1948, ch. 645, 62 Stat. 683, the first section of which enacted Title 18, Crimes and Criminal Procedure. § 1528. Taxes not to be construed as duties No tax or other charge imposed by or pursuant to any law of the United States shall be con- strued to be a customs duty for the purpose of any statute relating to the customs revenue, un- less the law imposing such tax or charge des- ignates it as a customs duty or contains a provi- sion to the effect that it shall be treated as a duty imposed under the customs laws. Nothing in this section shall be construed to limit or re- strict the jurisdiction of the United States Court of International Trade or the United States Court of Appeals for the Federal Circuit. (June 17, 1930, ch. 497, title IV, § 528, as added June 25, 1938, ch. 679, § 20, 52 Stat. 1087; amended Pub. L. 96–417, title VI, § 601(8), Oct. 10, 1980, 94 Stat. 1744; Pub. L. 97–164, title I, § 163(a)(3), Apr. 2, 1982, 96 Stat. 49.) Editorial Notes AMENDMENTS 1982—Pub. L. 97–164 substituted ‘‘Court of Appeals for the Federal Circuit’’ for ‘‘Court of Customs and Patent Appeals’’. 1980—Pub. L. 96–417 redesignated the United States Customs Court as the United States Court of Inter- national Trade. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Proce- dure. 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 Section effective on thirtieth day following June 25, 1938, except as otherwise specifically provided, see sec- tion 37 of act June 25, 1938, set out as an Effective Date of 1938 Amendment note under section 1401 of this title. § 1529. Collection of fees on behalf of other agen- cies The Customs Service shall be reimbursed from the fees collected for the cost and expense, ad- ministrative and otherwise, incurred in col- lecting any fees on behalf of any government 1 agency for any reason. (June 17, 1930, ch. 497, title IV, § 529, as added Pub. L. 103–182, title VI, § 669, Dec. 8, 1993, 107 Stat. 2216.) Statutory Notes and Related Subsidiaries 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. PART IV—TRANSPORTATION IN BOND AND WAREHOUSING OF MERCHANDISE § 1551. Bonding of carriers Under such regulations and subject to such terms and conditions as the Secretary of the Treasury shall prescribe— (1) any common carrier of merchandise own- ing or operating a railroad, steamship, or other transportation line or route for the transportation of merchandise in the United States, (2) any contract carrier authorized to oper- ate as such by any agency of the United States, and (3) any freight forwarder authorized to oper- ate as such by any agency of the United States, upon application, may, in the discretion of the Secretary, be designated as a carrier of bonded merchandise for the final release of which from customs custody a permit has not been issued. A private carrier, upon application, may, in the discretion of the Secretary, be designated under the preceding sentence as a carrier of bonded merchandise, subject to such regulations and, in the case of each applicant, to such special terms and conditions as the Secretary may prescribe to safeguard the revenues of the United States with respect to the transportation of bonded merchandise by such applicant. (June 17, 1930, ch. 497, title IV, § 551, 46 Stat. 742; Dec. 28, 1945, ch. 605, 59 Stat. 667; Pub. L. 87–598, Aug. 24, 1962, 76 Stat. 400; Pub. L. 87–854, Oct. 23, 1962, 76 Stat. 1130; Pub. L. 90–240, § 3, Jan. 2, 1968, 81 Stat. 776.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 21, 1922, ch. 356, title IV, § 551, 42 Stat. 975. That section was superseded by section 551 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. Prior provisions concerning transportation of mer- chandise in bond without appraisement to another port of entry were contained in the Immediate Transpor- tation Act of June 10, 1880, ch. 190, 21 Stat. 173, as amended, section 3 of which required the merchandise to be transported by carriers designated by the Sec- retary of the Treasury, and required them to give bonds as the Secretary should require. That act was repealed by act Sept. 21, 1922, ch. 356, title IV, § 643, 42 Stat. 989. AMENDMENTS 1968—Pub. L. 90–240 provided that a private carrier, upon application, could, in the discretion of the Sec- retary, be designated as a carrier of bonded merchan-