19 U.S.C. § 6 — Designation of customs officers for foreign

Page 5 TITLE 19—CUSTOMS DUTIES § 6 to authorize their performance or performance of any of his functions, by any of such officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appen- dix to Title 5, Government Organization and Employ- ees. DELEGATION OF FUNCTIONS For delegation to Secretary of the Treasury of au- thority vested in President by this section, see Ex. Ord. No. 10289, § 1(a), Sept. 17, 1951, 16 F.R. 9499, set out as a note under section 301 of Title 3, The President. § 3. Superintendence of collection of import du- ties The Secretary of the Treasury shall direct the superintendence of the collection of the duties on imports as he shall judge best. (R.S. § 249.) Editorial Notes CODIFICATION R.S. § 249 derived from act May 8, 1792, ch. 37, § 6, 1 Stat. 280. Section, prior to its incorporation into the Code, con- tained the words ‘‘and tonnage,’’ after ‘‘duties on im- ports’’. These words were omitted as superseded by sec- tion 3 of the former Appendix to Title 46, Shipping, which charged the Chief of the Bureau of Navigation and Steamboat Inspection with the execution of the laws relating to the collection of the tonnage tax. Sec- tion 3 of the former Appendix to Title 46 was repealed by Pub. L. 109–304, § 19, Oct. 6, 2006, 120 Stat. 1710. Statutory Notes and Related Subsidiaries ANALYSIS REGARDING THE CES PROGRAM; EFFECT ON IMPLEMENTATION OF PROGRAM Pub. L. 100–203, title IX, § 9501(c), Dec. 22, 1987, 101 Stat. 1330–380, as amended by Pub. L. 103–182, title VI, § 691(b)(1), Dec. 8, 1993, 107 Stat. 2224; Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210, provided that: ‘‘(1) The Comptroller General of the United States shall conduct a comprehensive analysis, including a cost-benefit study, of the centralized cargo examina- tion station (CES) concept from the perspective of both the United States Customs Service and business com- munity users. The analysis shall be submitted on the same day to the Committee on Ways and Means of the House of Representatives and the Committee on Fi- nance of the Senate (hereinafter in this subsection re- ferred to as the ‘Committees’) not later than March 30, 1988, and shall include recommendations as to how best to implement cargo inspection procedures. ‘‘(2) The United States Customs Service— ‘‘(A) may not, after the date of the enactment of this Act [Dec. 22, 1987], establish any new centralized cargo examination station at any ocean port, airport, or land border location unless the Customs Service provides to the Committees advance notice, in writ- ing, of not less than 90 days regarding the proposed establishment; and ‘‘(B) shall, on such date of enactment, suspend oper- ations at each centralized cargo examination station that was operating at an airport on the day before such date until the 90th day after a date— ‘‘(i) that is not earlier than the date on which the analysis required under paragraph (1) is submitted to the Committees, and ‘‘(ii) on which the Customs Service provides to the Committees notice, in writing, that it intends to resume such operations at the station. During the period of suspension of operations under subparagraph (B) at any centralized cargo examination station at an airport, the Secretary of the Treasury shall maintain customs operations and staffing at that airport at a level not less than that which was in effect immediately before the suspension took effect. ‘‘(3) The Commissioner of U.S. Customs and Border Protection is authorized to obtain from the operators of centralized cargo examination stations information regarding the fees paid to them for the provision of services at these stations.’’ [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.] § 4. Omitted Editorial Notes CODIFICATION Section, act Mar. 4, 1923, ch. 251, § 1, 42 Stat. 1453, re- lated to appointment, compensation, and qualifications of director and assistant directors of customs. See sec- tions 2071 to 2073 of this title. §§ 5, 5a. Repealed. Pub. L. 91–271, title III, § 321(a), (b), June 2, 1970, 84 Stat. 293 Section 5, R.S. § 2613, act Sept. 21, 1922, ch. 356, title IV, § 523, 42 Stat. 974, provided that collectors, comp- trollers, and surveyors be appointed for four year terms. Section 5a, act July 5, 1932, ch. 430, title I, 47 Stat. 584, abolished, except at the Port of New York, the of- fices of surveyor and appraiser, and those of their as- sistants and deputies, and transferred the duties of such officers to such persons as designated by the Sec- retary of the Treasury. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after Oct. 1, 1970, and such other articles entered or withdrawn from warehouse for consumption prior to such date, or with respect to which a protest has not been disallowed in whole or in part before Oct. 1, 1970, see section 203 of Pub. L. 91–271, set out as an Effective Date of 1970 Amendment note under section 1500 of this title. § 6. Designation of customs officers for foreign service; status; rejection of designated cus- toms officer; applicability of civil service laws Any officer of the customs service designated by the Secretary of the Treasury for foreign service, shall, through the Department of State, be regularly and officially attached to the diplo- matic missions of the United States in the coun- tries in which they are to be stationed, and when such officers are assigned to countries in which there are no diplomatic missions of the United States, appropriate recognition and standing with full facilities for discharging their official duties shall be arranged by the Depart- ment of State. The Secretary of State may re- Page 6 TITLE 19—CUSTOMS DUTIES §§ 6a to 6d ject the name of any such officer whose assign- ment to the foreign post for which he has been designated would, in his judgment, be preju- dicial to the public policy of the United States. The appointment of such customs officers shall be made pursuant to the civil service laws and regulations upon the nomination of the prin- cipal officer in charge of the office to which such appointments are to be made. (Mar. 4, 1923, ch. 251, § 2, 42 Stat. 1453; Jan. 13, 1925, ch. 76, 43 Stat. 748; May 28, 1926, ch. 411, § 1, 44 Stat. 669; June 17, 1930, ch. 497, title IV, §§ 518, 649, 46 Stat. 737, 762; June 25, 1948, ch. 646, § 39, 62 Stat. 992; Pub. L. 91–271, title III, § 303, June 2, 1970, 84 Stat. 292.) Editorial Notes AMENDMENTS 1970—Pub. L. 91–271 struck out provisions authorizing Secretary of the Treasury to appoint, prescribe des- ignations and duties, and fix compensation of deputies and other customs officers, laborers, and other employ- ees. 1948—Act June 25, 1948, struck out fourth sentence re- lating to appointment and compensation of clerks of Customs Court. 1930—Act June 17, 1930, § 649, substituted ‘‘Treasury attache´s’’ for ‘‘Customs attache´s’’. Act June 17, 1930, § 518, authorized Secretary of the Treasury to appoint and fix compensation of clerks of Customs Court. 1926—Act May 28, 1926, substituted ‘‘United States Customs Court’’ for ‘‘Board of General Appraisers’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–271 effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after Oct. 1, 1970, and such other ar- ticles entered or withdrawn from warehouse for con- sumption prior to such date, or with respect to which a protest has not been disallowed in whole or in part before Oct. 1, 1970, see section 203 of Pub. L. 91–271, set out as a note under section 1500 of this title. EFFECTIVE DATE OF 1948 AMENDMENT Act June 25, 1948, ch. 646, § 38, 62 Stat. 992, provided that the amendment made by that act is effective Sept. 1, 1948. 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. 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 such officers, agencies, and em- ployees, by 1950 Reorg. Plan No. 26. §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. §§ 6a to 6d. Repealed. Sept. 3, 1954, ch. 1263, § 13(b), 68 Stat. 1231 Sections, act May 29, 1928, ch. 865, §§ 1–4, 45 Stat. 955, related to compensation. See sections 5101 et seq. and 5301 et seq. of Title 5, Government Organization and Employees. Act Dec. 12, 1930, ch. 10, 46 Stat. 1026, formerly set out as a credit to these sections, was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 648. § 6e. Overtime compensation based on standard or daylight saving time On and after June 30, 1949, overtime compensa- tion of customs officers and employees, as au- thorized by law, shall be based either on stand- ard or daylight saving time, whichever is ob- served where overtime services are performed. (June 30, 1949, ch. 286, title I, 63 Stat. 360.) §§ 7 to 11. Repealed. Pub. L. 91–271, title III, § 321(c)–(g), June 2, 1970, 84 Stat. 293 Section 7, act Mar. 4, 1923, ch. 251, § 3, 42 Stat. 1453, authorized collectors, comptrollers, surveyors, and ap- praisers to appoint assistants, and collector at New York to appoint a solicitor to collector, all such ap- pointments subject to approval of Secretary of the Treasury. Section 8, R.S. § 2629; acts Mar. 3, 1905, ch. 1413, § 1, 33 Stat. 983; Mar. 4, 1923, ch. 251, § 4, 42 Stat. 1453, set forth procedure for filling a vacancy in office of a collector, comptroller, surveyor, or appraiser. Section 9, R.S. § 2625, act Mar. 4, 1923, ch. 251, § 3, 42 Stat. 1453, provided for performance of collector’s du- ties in case of his disability. Section 10, R.S. § 2630; acts Mar. 4, 1923, ch. 251, §§ 2, 3, 42 Stat. 1453; Jan. 13, 1925, ch. 76, 43 Stat. 748, provided that in cases of occasional and necessary absence, or of sickness, any collector could exercise his powers and perform his duties by deputy. Section 11, R.S. § 2632; act June 17, 1930, ch. 497, title IV, § 523, 46 Stat. 740, provided that in cases of occa- sional and necessary absence, or of sickness, every comptroller and surveyor could, respectively, exercise and perform his functions, powers, and duties by dep- uty. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after Oct. 1, 1970, and such other articles entered or withdrawn from warehouse for consumption prior to such date, or with respect to which a protest has not been disallowed in whole or in part before Oct. 1, 1970, see section 203 of Pub. L. 91–271, set out as an Effective Date of 1970 Amendment note under section 1500 of this title.