19 U.S.C. § 1304 — Marking of imported articles and con-

Page 64 TITLE 19—CUSTOMS DUTIES § 1304 88 Stat. 2049; Apr. 3, 1979, Pub. L. 96–6, § 1, 93 Stat. 10; July 26, 1979, Pub. L. 96–39, title I, §§ 103, 105(a), 93 Stat. 190, 193, provided for the levy of countervailing duties. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 103–465, title II, § 261(a), Dec. 8, 1994, 108 Stat. 4908, provided that this section is repealed ‘‘effective on the effective date of this title [Jan. 1, 1995, see Effective Date of 1994 Amendment note set out under section 1671 of this title]’’. SAVINGS PROVISION Pub. L. 103–465, title II, § 261(b), (c), Dec. 8, 1994, 108 Stat. 4908, 4909, provided that: ‘‘(b) SAVINGS PROVISIONS.— ‘‘(1) CONTINUING EFFECT OF LEGAL DOCUMENTS.—All orders, determinations, and other administrative ac- tions— ‘‘(A) which have been issued pursuant to an inves- tigation conducted under section 303 of the Tariff Act of 1930 [19 U.S.C. 1303], and ‘‘(B) which are in effect on the effective date of this title [Jan. 1, 1995, see Effective Date of 1994 Amendment note set out under section 1671 of this title], or were final before such date and are to be- come effective on or after such date, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or re- voked in accordance with law by the administering authority, the International Trade Commission, or a court of competent jurisdiction, or by operation of law. Except as provided in paragraph (3), such orders or determinations shall be subject to review under section 751 of the Tariff Act of 1930 [19 U.S.C. 1675] and, to the extent applicable, investigation under sec- tion 753 of such Act [19 U.S.C. 1675b] (as added by this title). ‘‘(2) PROCEEDINGS NOT AFFECTED.—The provisions of subsection (a) shall not affect any proceedings, in- cluding notices of proposed rulemaking, pending be- fore the administering authority or the International Trade Commission on the effective date of this title with respect to such section 303 [19 U.S.C. 1303]. Or- ders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pur- suant to such orders, in accordance with such section 303 as in effect on the day before the effective date of this title and, except as provided in paragraph (3), shall be subject to review under section 751 of the Tariff Act of 1930 [19 U.S.C. 1675] and, to the extent applicable, investigation under section 753 of such Act [19 U.S.C. 1675b]. Orders issued in any such pro- ceedings shall continue in effect until modified, ter- minated, superseded, set aside, or revoked in accord- ance with law by the administering authority, a court of competent jurisdiction, or by operation of law. Nothing in this section shall be deemed to pro- hibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted. ‘‘(3) SUITS NOT AFFECTED.—The provisions of sub- section (a) shall not affect the review pursuant to section 516A of the Tariff Act of 1930 [19 U.S.C. 1516a] of a countervailing duty order issued pursuant to an investigation conducted under section 303 of such Act [19 U.S.C. 1303] or a review of a countervailing duty order issued under section 751 of such Act [19 U.S.C. 1675], if such review is pending or the time for filing such review has not expired on the effective date of this title. ‘‘(c) DEFINITION OF ADMINISTERING AUTHORITY.—For purposes of this section, the term ‘administering au- thority’ has the meaning given such term by section 771(1) of the Tariff Act of 1930 [19 U.S.C. 1677(1)].’’ REFERENCES TO FORMER SECTION 1303 Pub. L. 103–465, title II, § 261(d)(1)(C), Dec. 8, 1994, 108 Stat. 4910, provided that: ‘‘Any reference to section 303 [19 U.S.C. 1303] in any other Federal law, Executive order, rule, or regulation shall be treated as a reference to section 303 of the Tariff Act of 1930 as in effect on the day before the effective date of title II of this Act [Jan. 1, 1995, see Effective Date of 1994 Amendment note set out under section 1671 of this title].’’ References to section 1303 in chapter 4 of this title de- fined to mean section 1303 as in effect on the day before Jan. 1, 1995, see section 1677(26) of this title. § 1304. Marking of imported articles and con- tainers (a) Marking of articles Except as hereinafter provided, every article of foreign origin (or its container, as provided in subsection (b) hereof) imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the na- ture of the article (or container) will permit in such manner as to indicate to an ultimate pur- chaser in the United States the English name of the country of origin of the article. The Sec- retary of the Treasury may by regulations— (1) Determine the character of words and phrases or abbreviations thereof which shall be acceptable as indicating the country of ori- gin and prescribe any reasonable method of marking, whether by printing, stenciling, stamping, branding, labeling, or by any other reasonable method, and a conspicuous place on the article (or container) where the marking shall appear; (2) Require the addition of any other words or symbols which may be appropriate to pre- vent deception or mistake as to the origin of the article or as to the origin of any other ar- ticle with which such imported article is usu- ally combined subsequent to importation but before delivery to an ultimate purchaser; and (3) Authorize the exception of any article from the requirements of marking if— (A) Such article is incapable of being marked; (B) Such article cannot be marked prior to shipment to the United States without in- jury; (C) Such article cannot be marked prior to shipment to the United States, except at an expense economically prohibitive of its im- portation; (D) The marking of a container of such ar- ticle will reasonably indicate the origin of such article; (E) Such article is a crude substance; (F) Such article is imported for use by the importer and not intended for sale in its im- ported or any other form; (G) Such article is to be processed in the United States by the importer or for his ac- count otherwise than for the purpose of con- cealing the origin of such article and in such manner that any mark contemplated by this section would necessarily be obliterated, de- stroyed, or permanently concealed; (H) An ultimate purchaser, by reason of the character of such article or by reason of the circumstances of its importation, must necessarily know the country of origin of Page 65 TITLE 19—CUSTOMS DUTIES § 1304 such article even though it is not marked to indicate its origin; (I) Such article was produced more than twenty years prior to its importation into the United States; (J) Such article is of a class or kind with respect to which the Secretary of the Treas- ury has given notice by publication in the weekly Treasury Decisions within two years after July 1, 1937, that articles of such class or kind were imported in substantial quan- tities during the five-year period imme- diately preceding January 1, 1937, and were not required during such period to be marked to indicate their origin: Provided, That this subdivision shall not apply after September 1, 1938, to sawed lumber and tim- bers, telephone, trolley, electric-light, and telegraph poles of wood, and bundles of shin- gles; but the President is authorized to sus- pend the effectiveness of this proviso if he finds such action required to carry out any trade agreement entered into under the au- thority of sections 1351, 1352, 1353, 1354 of this title, as extended; or (K) Such article cannot be marked after importation except at any expense which is economically prohibitive, and the failure to mark the article before importation was not due to any purpose of the importer, pro- ducer, seller, or shipper to avoid compliance with this section. (b) Marking of containers Whenever an article is excepted under subdivi- sion (3) of subsection (a) of this section from the requirements of marking, the immediate con- tainer, if any, of such article, or such other con- tainer or containers of such article as may be prescribed by the Secretary of the Treasury, shall be marked in such manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of such article, subject to all provisions of this sec- tion, including the same exceptions as are appli- cable to articles under subdivision (3) of sub- section (a). If articles are excepted from mark- ing requirements under clause (F), (G), or (H) of subdivision (3) of subsection (a) of this section, their usual containers shall not be subject to the marking requirements of this section. Usual containers in use as such at the time of importa- tion shall in no case be required to be marked to show the country of their own origin. (c) Marking of certain pipe and fittings (1) Except as provided in paragraph (2), no ex- ception may be made under subsection (a)(3) with respect to pipes of iron, steel, or stainless steel, to pipe fittings of steel, stainless steel, chrome-moly steel, or cast and malleable iron each of which shall be marked with the English name of the country of origin by means of die stamping, cast-in-mold lettering, etching, en- graving, or continuous paint stenciling. (2) If, because of the nature of an article, it is technically or commercially infeasible to mark it by one of the five methods specified in para- graph (1), the article may be marked by an equally permanent method of marking or, in the case of small diameter pipe, tube, and fittings, by tagging the containers or bundles. (d) Marking of compressed gas cylinders No exception may be made under subsection (a)(3) with respect to compressed gas cylinders designed to be used for the transport and storage of compressed gases whether or not certified prior to exportation to have been made in ac- cordance with the safety requirements of sec- tions 178.36 through 178.68 of title 49, Code of Federal Regulations, each of which shall be marked with the English name of the country of origin by means of die stamping, molding, etch- ing, raised lettering, or an equally permanent method of marking. (e) Marking of certain castings No exception may be made under subsection (a)(3) with respect to inlet frames, tree and trench grates, lampposts, lamppost bases, cast utility poles, bollards, hydrants, utility boxes, manhole rings or frames, covers, and assemblies thereof each of which shall be marked on the top surface with the English name of the country of origin by means of die stamping, cast-in-mold lettering, etching, engraving, or an equally per- manent method of marking in a location such that it will remain visible after installation. (f) Marking of certain coffee and tea products The marking requirements of subsections (a) and (b) shall not apply to articles described in subheadings 0901.21, 0901.22, 0902.10, 0902.20, 0902.30, 0902.40, 2101.10, and 2101.20 of the Har- monized Tariff Schedule of the United States, as in effect on January 1, 1995. (g) Marking of spices The marking requirements of subsections (a) and (b) shall not apply to articles provided for under subheadings 0904.11, 0904.12, 0904.20, 0905.00, 0906.10, 0906.20, 0907.00, 0908.10, 0908.20, 0908.30, 0909.10, 0909.20, 0909.30, 0909.40, 0909.50, 0910.10, 0910.20, 0910.30, 0910.40, 0910.50, 0910.91, 0910.99, 1106.20, 1207.40, 1207.50, 1207.91, 1404.90, and 3302.10, and items classifiable in categories 0712.90.60, 0712.90.8080, 1209.91.2000, 1211.90.2000, 1211.90.8040, 1211.90.8050, 1211.90.8090, 2006.00.3000, 2918.13.2000, 3203.00.8000, 3301.90.1010, 3301.90.1020, and 3301.90.1050 of the Harmonized Tariff Schedule of the United States, as in effect on January 1, 1995. (h) Marking of certain silk products The marking requirements of subsections (a) and (b) shall not apply either to— (1) articles provided for in subheading 6214.10.10 of the Harmonized Tariff Schedule of the United States, as in effect on January 1, 1997; or (2) articles provided for in heading 5007 of the Harmonized Tariff Schedule of the United States as in effect on January 1, 1997. (i) Additional duties for failure to mark If at the time of importation any article (or its container, as provided in subsection (b) here- of) is not marked in accordance with the re- quirements of this section, and if such article is not exported or destroyed or the article (or its container, as provided in subsection (b) hereof) marked after importation in accordance with the requirements of this section (such expor- tation, destruction, or marking to be accom- Page 66 TITLE 19—CUSTOMS DUTIES § 1304 plished under customs supervision prior to the liquidation of the entry covering the article, and to be allowed whether or not the article has re- mained in continuous customs custody), there shall be levied, collected, and paid upon such ar- ticle a duty of 10 per centum ad valorem, which shall be deemed to have accrued at the time of importation, shall not be construed to be penal, and shall not be remitted wholly or in part nor shall payment thereof be avoidable for any cause. Such duty shall be levied, collected, and paid in addition to any other duty imposed by law and whether or not the article is exempt from the payment of ordinary customs duties. The compensation and expenses of customs offi- cers and employees assigned to supervise the ex- portation, destruction, or marking to exempt articles from the application of the duty pro- vided for in this subsection shall be reimbursed to the Government by the importer. (j) Delivery withheld until marked No imported article held in customs custody for inspection, examination, or appraisement shall be delivered until such article and every other article of the importation (or their con- tainers), whether or not released from customs custody, shall have been marked in accordance with the requirements of this section or until the amount of duty estimated to be payable under subsection (i) of this section has been de- posited. Nothing in this section shall be con- strued as excepting any article (or its container) from the particular requirements of marking provided for in any other provision of law. (k) Treatment of goods of a USMCA country In applying this section to an article that qualifies as a good of a USMCA country (as de- fined in section 4502 of this title)— (1) the exemption under subsection (a)(3)(H) shall be applied by substituting ‘‘reasonably know’’ for ‘‘necessarily know’’; (2) the Secretary shall exempt the good from the requirements for marking under sub- section (a) if the good— (A) is an original work of art; or (B) is provided for under subheading 6904.10, heading 8541, or heading 8542 of the Harmonized Tariff Schedule of the United States; and (3) subsection (b) does not apply to the usual container of any good described in subsection (a)(3)(E) or (I) or paragraph (2)(A) or (B) of this subsection. (l) Penalties Any person who, with intent to conceal the in- formation given thereby or contained therein, defaces, destroys, removes, alters, covers, ob- scures, or obliterates any mark required under the provisions of this chapter shall— (1) upon conviction for the first violation of this subsection, be fined not more than $100,000, or imprisoned for not more than 1 year, or both; and (2) upon conviction for the second or any subsequent violation of this subsection, be fined not more than $250,000, or imprisoned for not more than 1 year, or both. (June 17, 1930, ch. 497, title III, § 304, 46 Stat. 687; June 25, 1938, ch. 679, § 3, 52 Stat. 1077; Aug. 8, 1953, ch. 397, § 4(c), 67 Stat. 509; Pub. L. 98–573, title II, § 207, Oct. 30, 1984, 98 Stat. 2976; Pub. L. 99–514, title XVIII, § 1888(1), Oct. 22, 1986, 100 Stat. 2924; Pub. L. 100–418, title I, § 1907(a)(1), Aug. 23, 1988, 102 Stat. 1314; Pub. L. 103–182, title II, § 207(a), Dec. 8, 1993, 107 Stat. 2096; Pub. L. 104–295, § 14(a), (b), Oct. 11, 1996, 110 Stat. 3521, 3522; Pub. L. 106–36, title II, § 2423(a), (b), June 25, 1999, 113 Stat. 180; Pub. L. 114–125, title IX, § 917(a), Feb. 24, 2016, 130 Stat. 279; Pub. L. 116–113, title II, § 209(a), Jan. 29, 2020, 134 Stat. 52.) Editorial Notes REFERENCES IN TEXT The Harmonized Tariff Schedule of the United States, referred to in subsecs. (f) to (h) and (k)(2)(B), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title. PRIOR PROVISIONS Provisions dealing with the subject matter of this section and former section 133 of this title were con- tained in act Oct. 3, 1913, ch. 16, § IV, F, subsecs. 1 and 2, 38 Stat. 194, superseding similar provisions of pre- vious tariff acts. Those subsections were superseded by act Sept. 21, 1922, ch. 356, title III, § 304(a), 42 Stat. 947, and repealed by § 321 of that act. Section 304(a) of the act of 1922 was superseded by section 304 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. AMENDMENTS 2020—Subsec. (k). Pub. L. 116–113 added subsec. (k) and struck out former subsec. (k) which related to treatment of goods of a NAFTA country. 2016—Subsec. (e). Pub. L. 114–125, § 917(a)(3), inserted before period at end ‘‘in a location such that it will re- main visible after installation’’. Pub. L. 114–125, § 917(a)(2), which directed insertion of ‘‘inlet frames, tree and trench grates, lampposts, lamp- post bases, cast utility poles, bollards, hydrants, utility boxes,’’ before ‘‘manhole rings,’’, was executed by mak- ing the insertion before ‘‘manhole rings or frames,’’ to reflect the probable intent of Congress. Pub. L. 114–125, § 917(a)(1), substituted ‘‘castings’’ for ‘‘manhole rings or frames, covers, and assemblies thereof’’ in heading. 1999—Subsecs. (h), (i). Pub. L. 106–36, § 2423(a), added subsec. (h) and redesignated former subsec. (h) as (i). Former subsec. (i) redesignated (j). Subsec. (j). Pub. L. 106–36, § 2423(a)(1), (b), redesig- nated subsec. (i) as (j) and substituted ‘‘subsection (i)’’ for ‘‘subsection (h)’’. Former subsec. (j) redesignated (k). Subsecs. (k), (l). Pub. L. 106–36, § 2423(a)(1), redesig- nated subsecs. (j) and (k) as (k) and (l), respectively. 1996—Subsecs. (f) to (h). Pub. L. 104–295, § 14(a), added subsecs. (f) and (g) and redesignated former subsec. (f) as (h). Former subsecs. (g) and (h) redesignated (i) and (j), respectively. Subsec. (i). Pub. L. 104–295, § 14(a)(1), (b), redesignated subsec. (g) as (i) and substituted ‘‘subsection (h) of this section’’ for ‘‘subsection (f) of this section’’. Subsecs. (j), (k). Pub. L. 104–295, § 14(a)(1), redesig- nated subsecs. (h) and (i) as (j) and (k), respectively. 1993—Subsec. (c)(1). Pub. L. 103–182, § 207(a)(1), sub- stituted ‘‘engraving, or continuous paint stenciling’’ for ‘‘or engraving’’. Subsec. (c)(2). Pub. L. 103–182, § 207(a)(2), substituted ‘‘five methods’’ for ‘‘four methods’’ and struck out ‘‘such as paint stenciling’’ after ‘‘method of marking’’. Subsec. (e). Pub. L. 103–182, § 207(a)(3), substituted ‘‘engraving, or an equally permanent method of mark- ing’’ for ‘‘or engraving’’. Subsecs. (h), (i). Pub. L. 103–182, § 207(a)(4), (5), added subsec. (h) and redesignated former subsec. (h) as (i). Page 67 TITLE 19—CUSTOMS DUTIES § 1304 1988—Subsec. (h). Pub. L. 100–418 amended subsec. (h) generally. Prior to amendment, subsec. (h) read as fol- lows: ‘‘If any person shall, with intent to conceal the information given thereby or contained therein, deface, destroy, remove, alter, cover, obscure, or obliterate any mark required under the provisions of this chapter, he shall, upon conviction, be fined not more than $5,000 or imprisoned not more than one year, or both.’’ 1986—Subsec. (c). Pub. L. 99–514 substituted ‘‘(1) Ex- cept as provided in paragraph (2), no’’ for ‘‘No’’ and added par. (2). 1984—Subsecs. (c) to (h). Pub. L. 98–573 added subsecs. (c) to (e), redesignated former subsecs. (c) to (e) as (f) to (h), respectively, and in subsec. (g), as redesignated, substituted ‘‘subsection (f) of this section’’ for ‘‘sub- section (c) of this section’’. 1953—Subsec. (a)(3)(K). Act Aug. 8, 1953, added cl. (K). 1938—Act June 25, 1938, amended section generally. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Pub. L. 116–113, title II, § 209(d), Jan. 29, 2020, 134 Stat. 53, provided that: ‘‘(1) IN GENERAL.—The amendments made by this sec- tion [amending this section and sections 1509 and 1628 of this title] shall— ‘‘(A) take effect on the date on which the USMCA enters into force [July 1, 2020]; and ‘‘(B) apply with respect to a good entered for con- sumption, or withdrawn from warehouse for con- sumption, on or after that date. ‘‘(2) TRANSITION FROM NAFTA TREATMENT.—In the case of a good entered for consumption, or withdrawn from warehouse for consumption, before the date on which the USMCA enters into force— ‘‘(A) the amendments made by this section shall not apply with respect to the good; and ‘‘(B) the provisions of law amended by this section, as such provisions were in effect on the day before that date, shall continue to apply on and after that date with respect to the good.’’ [For definition of ‘‘USMCA’’ as used in section 209(d) of Pub. L. 116–113, set out above, see section 4502 of this title.] EFFECTIVE DATE OF 2016 AMENDMENT Pub. L. 114–125, title IX, § 917(b), Feb. 24, 2016, 130 Stat. 279, provided that: ‘‘The amendments made by sub- section (a) [amending this section] take effect on the date of the enactment of this Act [Feb. 24, 2016] and apply with respect to the importation of castings de- scribed in such amendments on or after the date that is 180 days after such date of enactment.’’ EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–36, title II, § 2423(c), June 25, 1999, 113 Stat. 180, provided that: ‘‘The amendments made by this sec- tion [amending this section] apply to goods entered, or withdrawn from warehouse for consumption, on or after the date of the enactment of this Act [June 25, 1999].’’ EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–295, § 14(c), Oct. 11, 1996, 110 Stat. 3522, pro- vided that: ‘‘The amendments made by this section [amending this section] apply to goods entered, or withdrawn from warehouse for consumption, on or after the date of the enactment of this Act [Oct. 11, 1996].’’ EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States (Jan. 1, 1994), see section 213(b) of Pub. L. 103–182, formerly set out as an Effective Date note under former section 3331 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–418, title I, § 1907(a)(2), Aug. 23, 1988, 102 Stat. 1314, provided that: ‘‘(A) The amendment made by paragraph (1) [amend- ing this section] applies with respect to acts committed on or after the date of the enactment of this Act [Aug. 23, 1988]. ‘‘(B) The conviction of a person under section 304(h) of the Tariff Act of 1930 [19 U.S.C. 1304(h)] for an act committed before the date of the enactment of this Act shall be disregarded for purposes of applying paragraph (2) of such subsection (as added by the amendment made by paragraph (1) of this subsection[)].’’ EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–573, title II, § 214, Oct. 30, 1984, 98 Stat. 2988, provided that: ‘‘(a) For purposes of this section, the term ‘15th day’ means the 15th day after the date of the enactment of this Act [Oct. 30, 1984]. ‘‘(b) Except as provided in subsections (c), (d), and (e), the amendments made by this title [enacting sections 58b, 1339, and 1627a of this title, amending sections 81c, 81o, 1313, 1330, 1431, 1498, 1555, 2192, 2251, 2253, and 2703 of this title, section 925 of Title 18, Crimes and Criminal Procedure, and section 162 of Title 26, Internal Revenue Code, and enacting provisions set out as notes under sections 2, 81c, 81o, and 1339 of this title, and section 162 of Title 26] shall take effect on the 15th day. ‘‘(c)(1) The amendment made by section 204 [amend- ing section 1441 of this title] shall apply with respect to vessels returning from the British Virgin Islands on or after the 15th day. ‘‘(2) The amendments made by section 207 [amending this section] shall apply with respect to articles en- tered, or withdrawn from warehouse for consumption, on or after the 15th day; except for such of those arti- cles that, on or before the 15th day, had been taken on board for transit to the customs territory of the United States. ‘‘(3)(A) The amendment made by section 208 [amend- ing section 1466 of this title] shall apply with respect to entries made in connection with arrivals of vessels on or after the 15th day. ‘‘(B) Upon request therefor filed with the customs of- ficer concerned on or before the 90th day after the date of the enactment of this Act [Oct. 30, 1984], any entry in connection with the arrival of a vessel used pri- marily for transporting passengers or property— ‘‘(i) made before the 15th day but not liquidated as of January 1, 1983, or ‘‘(ii) made before the 15th day but which is the sub- ject of an action in a court of competent jurisdiction on September 19, 1983, and ‘‘(iii) with respect to which there would have been no duty if the amendment made by section 208 ap- plied to such entry, shall, notwithstanding the provisions of section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provi- sion of law, be liquidated or reliquidated as though such entry had been made on the 15th day. ‘‘(4) The amendments made by section 209 [enacting section 1484a of this title and amending section 1202 of this title] shall apply with respect to articles launched into space from the customs territory of the United States on or after January 1, 1985. ‘‘(5)(A) The amendment made by section 210(a) [amending section 1505 of this title] shall take effect on the 30th day after the date of the enactment of this Act [Oct. 30, 1984]. ‘‘(B) The amendment made by section 210(b) [amend- ing section 1520 of this title] shall apply with respect to determinations made or ordered on or after the date of the enactment of this Act [Oct. 30, 1984]. ‘‘(d)(1) The amendments made by section 212 [amend- ing sections 1520, 1564, and 1641 of this title and sections 1581, 1582, 2631, 2636, 2640, and 2643 of Title 28, Judiciary and Judicial Procedure] shall take effect upon the close of the 180th day following the date of the enactment of this Act [Oct. 30, 1984] with the following exceptions: Page 68 TITLE 19—CUSTOMS DUTIES § 1304a ‘‘(A) Section 641(c)(1)(B) and section 641(c)(2) of the Tariff Act of 1930, as added by such section [19 U.S.C. 1641(c)(1)(B), (2)], shall take effect three years after the date of the enactment of this Act [Oct. 30, 1984]. ‘‘(B) The amendments made to the Tariff Act of 1930 by subsection (c) of section 212 [no subsec. (c) of sec- tion 212 was enacted] shall take effect on such date of enactment [Oct. 30, 1984]. ‘‘(2) A license in effect on the date of enactment of this Act [Oct. 30, 1984] under section 641 of the Tariff Act of 1930 (as in effect before such date of enactment) shall continue in force as a license to transact customs business as a customs broker, subject to all the provi- sions of section 212 and such licenses shall be accepted as permits for the district or districts covered by that license. ‘‘(3) Any proceeding for revocation or suspension of a license instituted under section 641 of the Tariff Act of 1930 before the date of the enactment of this Act [Oct. 30, 1984] shall continue and be governed by the law in effect at the time the proceeding was instituted. ‘‘(4) If any provision of section 212 or its application to any person or circumstances is held invalid, it shall not affect the validity of the remaining provisions or their application to any other person or circumstances. ‘‘(e) The amendments made by section 213 [enacting sections 1589a, 1613b, and 1616a of this title, amending sections 1602, 1605, 1606, 1607, 1608, 1609, 1610, 1611, 1612, 1613, 1614, 1615, 1618, and 1619 of this title and repealing section 7607 of Title 26, Internal Revenue Code] shall take effect October 15, 1984.’’ EFFECTIVE DATE OF 1953 AMENDMENTS, ENACTMENTS, AND REPEALS Act Aug. 8, 1953, ch. 397, § 1, 67 Stat. 507, provided that such act [see Short Title of 1953 Amendment note set out under section 1654 of this title] is effective, except as otherwise specifically provided for, on and after the thirtieth day following the date of its enactment [Aug. 8, 1953]. The exception ‘‘except as otherwise specifically pro- vided for’’ apparently refers to the amendments made to the provisions preceding subd. (1) of section 1308 of this title, and to section 1557(b) of this title, for which separate effective dates were provided as explained in notes under such sections. 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. SAVINGS PROVISION Act Aug. 8, 1953, ch. 397, § 23, 67 Stat. 521, provided: ‘‘Except as may be otherwise provided for in this Act [see Short Title of 1953 Amendment note set out under section 1654 of this title], the repeal of existing law or modifications thereof embraced in this Act shall not af- fect any act done, or any right accruing or accrued, or any suit or proceeding had or commenced in any civil or criminal case prior to such repeal or modification, but all liabilities under such laws shall continue, ex- cept as otherwise specifically provided in this Act, and may be enforced in the same manner as if such repeal or modification had not been made.’’ 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. MARKING REQUIREMENTS FOR ARTICLES QUALIFYING AS GOODS OF NAFTA COUNTRY Pub. L. 103–182, title II, § 207(b), Dec. 8, 1993, 107 Stat. 2097, which provided that articles qualifying as goods of a NAFTA country were subject to the requirements of this section, was repealed by Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78, effective on the date the USMCA entered into force (July 1, 2020). PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989 For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1801–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code. Executive Documents TRANSFER OF FUNCTIONS Functions of officers of Department of the Treasury and functions of all agencies and employees of such De- partment transferred, with certain exceptions, to Sec- retary of the Treasury, with power vested in him to au- thorize their performance or performance of any of his functions, by any of such officers, agencies, and em- ployees, by Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Em- ployees. Customs officers and employees, referred to in text, were under Department of the Treasury. § 1304a. Technical assistance to U.S. Customs and Border Protection The Secretary of Agriculture shall make available to U.S. Customs and Border Protection technical assistance related to the identifica- tion of produce represented as grown in the United States when it is not in fact grown in the United States. (Pub. L. 113–79, title XII, § 12309(a), Feb. 7, 2014, 128 Stat. 991.) Editorial Notes CODIFICATION Section was enacted as part of the Agricultural Act of 2014, and not as part of the Tariff Act of 1930 which comprises this chapter. § 1305. Immoral articles; importation prohibited (a) Prohibition of importation All persons are prohibited from importing into the United States from any foreign country any book, pamphlet, paper, writing, advertisement, circular, print, picture, or drawing containing any matter advocating or urging treason or in- surrection against the United States, or forcible resistance to any law of the United States, or containing any threat to take the life of or in- flict bodily harm upon any person in the United States, or any obscene book, pamphlet, paper, writing, advertisement, circular, print, picture, drawing, or other representation, figure, or