19 U.S.C. § 1442 — Residue cargo

Page 165 TITLE 19—CUSTOMS DUTIES § 1446 passengers on excursion from the United States Virgin Islands to the British Virgin Islands and returning. 1970—Pars. (2) to (4). Pub. L. 91–271 substituted ref- erences to appropriate customs officer for references to collector wherever appearing. 1954—Par. (3). Act Sept. 1, 1954, exempted undocu- mented American pleasure vessels from entry require- ments, and provided that both yachts and undocu- mented pleasure vessels report to the collector of cus- toms, within 24 hours after arrival, all articles, wheth- er dutiable or not, for which a customs entry is re- quired. 1937—Par. (4). Act Aug. 14, 1937, substituted ‘‘sea stores, or ship’s stores’’ for ‘‘or necessary sea stores’’ wherever appearing. 1935—Par. (3). Act. Aug. 5, 1935, inserted ‘‘And not vis- iting any hovering vessel, nor having at any time or, if forfeited to the United States or to a foreign govern- ment, at any time after forfeiture, become liable to sei- zure and forfeiture for any violation of the laws of the United States’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–476, except as otherwise provided, applicable with respect to goods entered, or withdrawn from warehouse, for consumption, on or after the 15th day after Nov. 9, 2000, see section 1471 of Pub. L. 106–476, set out as a note under section 58c of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–573 applicable with respect to vessels returning from the British Virgin Islands on or after 15th day after Oct. 30, 1984, see section 214(a), (c)(1) 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. EFFECTIVE DATE OF 1937 AMENDMENT Act Aug. 14, 1937, ch. 620, § 2, 50 Stat. 638, provided that: ‘‘The amendment made by this Act [amending this section] shall take effect on the day following the date of its enactment [Aug. 14, 1937].’’ 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. 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. § 1442. Residue cargo Any vessel having on board merchandise shown by the manifest to be destined to a for- eign port or place may, after the report and entry of such vessel under the provisions of this chapter, proceed to such foreign port of destina- tion with the cargo so destined therefor, without unlading the same and without the payment of duty thereon. Any vessel arriving from a foreign port or place having on board merchandise shown by the manifest to be destined to a port or ports in the United States other than the port of entry at which such vessel first arrived and made entry may proceed with such merchandise from port to port or from district to district for the unlading thereof. (June 17, 1930, ch. 497, title IV, § 442, 46 Stat. 713.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in R.S. §§ 2776 (as amended by act June 26, 1884, ch. 121, § 29, 23 Stat. 59), 2777–2779, 2782, and 2783, all of which were superseded by act Sept. 21, 1922, ch. 356, title IV, § 442, 42 Stat. 952, and were repealed by section 642 thereof. Section 442 of the 1922 act was superseded by section 442 of act June 17, 1930, comprising this sec- tion, and repealed by section 651(a)(1) of the 1930 act. Provisions authorizing the Secretary of the Treasury to require bonds in cases of vessels carrying goods des- tined for ports other than port of entry were contained in the 1922 act and prior acts. These provisions were omitted from this section. General provisions author- izing the Secretary to require bonds where not specifi- cally required are contained in section 1623 of this title. Special provisions concerning Astoria and Portland were contained in R.S. §§ 2588 and 2590, prior to repeal by section 642 of the act of Sept. 21, 1922, ch. 356. §§ 1443 to 1445. Repealed. Pub. L. 103–182, title VI, § 690(b)(6), Dec. 8, 1993, 107 Stat. 2223 Section 1443, acts June 17, 1930, ch. 497, title IV, § 443, 46 Stat. 713; June 2, 1970, Pub. L. 91–271, title III, § 301(b), 84 Stat. 287, related to manifests and permits for mer- chandise arriving for delivery in different districts or ports of entry. Section 1444, acts June 17, 1930, ch. 497, title IV, § 444, 46 Stat. 713; June 2, 1970, Pub. L. 91–271, title III, § 301(b), 84 Stat. 287, required master to report his arrival at an- other port to a customs officer within twenty-four hours and to produce copies of permit and manifest. Section 1445, acts June 17, 1930, ch. 497, title IV, § 445, 46 Stat. 713; June 2, 1970, Pub. L. 91–271, title III, § 301(b), 84 Stat. 287, set forth penalties for failure of master to obtain or produce permit or manifest. § 1446. Supplies and stores retained on board Vessels arriving in the United States from for- eign ports may retain on board, without the payment of duty, all coal and other fuel sup- plies, ships’ stores, sea stores, and the legiti- mate equipment of such vessels. Any such sup- plies, ships’ stores, sea stores, or equipment landed and delivered from such vessel shall be considered and treated as imported merchan- dise: Provided, That bunker coal, bunker oil, ships’ stores, sea stores, or the legitimate equip- ment of vessels belonging to regular lines plying between foreign ports and the United States, which are delayed in port for any cause, may be transferred under a permit by the appropriate customs officer and under customs supervision from the vessel so delayed to another vessel of the same line and owner, and engaged in the for- eign trade, without the payment of duty there- on.