19 U.S.C. § 1559 — Warehouse goods deemed abandoned

Page 262 TITLE 19—CUSTOMS DUTIES § 1559 superseded by act Sept. 21, 1922, ch. 356, title IV, § 558, 42 Stat. 977, and were repealed by section 642 thereof. Section 558 of the 1922 act was superseded by section 558 of act June 17, 1930, comprising this section, and re- pealed by section 651(a)(1) of the 1930 act. AMENDMENTS 1999—Subsec. (b). Pub. L. 106–36 substituted ‘‘sub- section (h)’’ for ‘‘subsection (c)’’ in two places. 1938—Act June 25, 1938, amended section generally. Prior to amendment, section disallowed remission or refund of estimated or liquidated duty on the expor- tation of merchandise after its release from Govern- ment control or custody, with exceptions for articles made from imported materials or not conforming to specifications, on which drawback was provided by law. Statutory Notes and Related Subsidiaries 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. § 1559. Warehouse goods deemed abandoned after 5 years Merchandise upon which any duties or charges are unpaid, remaining in bonded warehouse be- yond 5 years from the date of importation, or such longer period of time as the Bureau of Cus- toms and Border Protection may at its discre- tion permit upon proper request being filed and good cause shown, shall be regarded as aban- doned to the Government and shall be sold under such regulations as the Secretary of the Treas- ury shall prescribe, and the proceeds of sale paid into the Treasury, as in the case of unclaimed merchandise covered by section 1493 of this title, subject to the payment to the owner or con- signee of such amount, if any, as shall remain after deduction of duties, charges, and expenses. Merchandise upon which all duties and charges have been paid, remaining in bonded warehouse beyond 5 years from the date of importation, or such longer period of time as the Bureau of Cus- toms and Border Protection may at its discre- tion permit upon proper request being filed and good cause shown, shall be held to be no longer in the custody or control of the officers of the customs. (June 17, 1930, ch. 497, title IV, § 559, 46 Stat. 744; June 25, 1938, ch. 679, § 23(a), 52 Stat. 1088; Pub. L. 95–410, title I, § 108(b)(1), Oct. 3, 1978, 92 Stat. 892; Pub. L. 109–280, title XIV, § 1635(d), Aug. 17, 2006, 120 Stat. 1170.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 21, 1922, ch. 356, title IV, § 559, 42 Stat. 977. That section was superseded by section 559 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. Prior provisions that goods, remaining in public store or bonded warehouse beyond three years, should be re- garded as abandoned and sold, and the proceeds paid into the Treasury, and that the Secretary might pay the proceeds to the owner, etc., after deducting duties, charges and expenses, were contained in R.S. §§ 2971 and 2972, prior to repeal by act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989. AMENDMENTS 2006—Pub. L. 109–280 inserted ‘‘, or such longer period of time as the Bureau of Customs and Border Protec- tion may at its discretion permit upon proper request being filed and good cause shown’’ after ‘‘date of impor- tation’’ in two places. 1978—Pub. L. 95–410 substituted ‘‘5 years’’ for ‘‘three years’’ wherever appearing. 1938—Act June 25, 1938, struck out ‘‘(or ten months in the case of grain)’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–280 applicable with re- spect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after Aug. 17, 2006, see section 1641 of Pub. L. 109–280, set out as a note under section 58c of this title. EFFECTIVE DATE OF 1978 AMENDMENT Period of time prior to Oct. 3, 1978, disregarded in ap- plication of amendment to merchandise in bonded warehouse, see section 108(b)(1) of Pub. L. 95–410, set out as a note under section 1557 of this title. EFFECTIVE DATE OF 1938 AMENDMENT Amendment by act June 25, 1938, applicable in the case of grain imported prior to the thirtieth day fol- lowing June 25, 1938, except as otherwise provided, see section 23(b) of act June 25, 1938, set out as a note under section 1557 of this title. APPROPRIATIONS Act June 26, 1934, ch. 756, § 2, 48 Stat. 1225, which was classified to section 725a of former Title 31, Money and Finance, repealed the permanent appropriation under the title ‘‘Refunding proceeds of unclaimed merchan- dise (Customs) (2x326)’’ effective July 1, 1935, and pro- vided that such portions of any Acts as make perma- nent appropriations to be expended under such account are amended so as to authorize, in lieu thereof, annual appropriations from the general fund of the Treasury in identical terms and in such amounts as now provided by the laws providing such permanent appropriations. Executive Documents EXTENSION OF THREE-YEAR PERIOD For extension of three year period prescribed in this section (prior to amendment by Pub. L. 95–410), see Proc. No. 2948, Oct. 12, 1951, 16 F.R. 10589, 65 Stat. c41, set out as a note under section 1318 of this title. Proc. No. 2599, Nov. 6, 1943, 8 F.R. 15359, 57 Stat. 758, as amended by Proc. No. 2712, Dec. 4, 1946, 11 F.R. 14133, 61 Stat. 1047, was superseded by Proc. No. 2948, Oct. 12, 1951, 16 F.R. 10589, 65 Stat. c41. § 1560. Leasing of warehouses The Secretary of the Treasury may cause to be set aside any available space in a building used as a customhouse for the storage of bonded mer- chandise or may lease premises for the storage of unclaimed merchandise or other imported merchandise required to be stored by the Gov- ernment, and set aside a portion of such leased premises for the storage of bonded merchandise: Provided, That no part of any premises owned or leased by the Government may be used for the storage of bonded merchandise at any port at which a public bonded warehouse has been es- tablished and is in operation. All the premises so leased shall be leased on public account and the storage and other charges shall be deposited and accounted for as customs receipts, and the