Browse Arkansas Code titles and sections
19 U.S.C. § 1415 — Mandatory advance electronic informa-
Federal law — U.S. Code and appendices · legal_authorities
Page 151
TITLE 19—CUSTOMS DUTIES
§ 1415
(4) Alternative filing
Any Program participant that is eligible to
file entry information electronically from a
remote location but chooses not to do so in
the case of any entry must file any paper doc-
umentation for the entry at the designated lo-
cation referred to in subsection (d).
(b) Additional entry information
(1) In general
A Program participant that is eligible under
subsection (a) to file entry information from a
remote location may, if the Customs Service
is satisfied that the participant meets the re-
quirements under paragraph (2), also elec-
tronically file from the remote location addi-
tional information that is required by the Cus-
toms Service to be presented before the ac-
ceptance of entry summary information and
at the time of acceptance of entry summary
information.
(2) Requirements
The Secretary shall publish, and periodically
update, a list of those capabilities within the
existing and planned components of the Pro-
gram that a Program participant must have
for purposes of this subsection.
(3) Filing of additional information
(A) If information electronically acceptable
A Program participant that is eligible
under paragraph (1) to file additional infor-
mation from a remote location shall elec-
tronically file all such information that the
Customs Service can accept electronically.
(B) Alternative filing
If the Customs Service cannot accept addi-
tional information electronically, the Pro-
gram participant shall file the paper docu-
mentation with respect to the information
at the appropriate filing location.
(C) Appropriate location
For purposes of subparagraph (B), the ‘‘ap-
propriate location’’ is—
(i) before January 1, 1999, a designated
location; and
(ii) after December 3
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 1415
Stored review status: historical_2024_not_currentness_verified. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: e5a554d00f02407770df591375c2c660be6d97ad8dfc56ce391132d2782d15d6. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:usc2024-8cdbe9834f8ff9eedb0c193e
Source file: Laws/federal/codes/united-states-code-2024/title-19/section-1415-mandatory-advance-electronic-informa--e6b9f95996.md
Pages: Not recorded – Not recorded
Passage SHA-256: d2069a026f3b7364aac75a04923612f68c3ba4290410296df6e2e7143e28c492
Source location: USCODE-2024-title19-chap4-subtitleIII-partI-subpartb-sec1415.pdf
Stored source content
Page 151
TITLE 19—CUSTOMS DUTIES
§ 1415
(4) Alternative filing
Any Program participant that is eligible to
file entry information electronically from a
remote location but chooses not to do so in
the case of any entry must file any paper doc-
umentation for the entry at the designated lo-
cation referred to in subsection (d).
(b) Additional entry information
(1) In general
A Program participant that is eligible under
subsection (a) to file entry information from a
remote location may, if the Customs Service
is satisfied that the participant meets the re-
quirements under paragraph (2), also elec-
tronically file from the remote location addi-
tional information that is required by the Cus-
toms Service to be presented before the ac-
ceptance of entry summary information and
at the time of acceptance of entry summary
information.
(2) Requirements
The Secretary shall publish, and periodically
update, a list of those capabilities within the
existing and planned components of the Pro-
gram that a Program participant must have
for purposes of this subsection.
(3) Filing of additional information
(A) If information electronically acceptable
A Program participant that is eligible
under paragraph (1) to file additional infor-
mation from a remote location shall elec-
tronically file all such information that the
Customs Service can accept electronically.
(B) Alternative filing
If the Customs Service cannot accept addi-
tional information electronically, the Pro-
gram participant shall file the paper docu-
mentation with respect to the information
at the appropriate filing location.
(C) Appropriate location
For purposes of subparagraph (B), the ‘‘ap-
propriate location’’ is—
(i) before January 1, 1999, a designated
location; and
(ii) after December 31, 1998—
(I) if the paper documentation is re-
quired for release, a designated location;
or
(II) if the paper documentation is not
required for release, a remote location
designated by the Customs Service or a
designated location.
(D) Other
A Program participant that is eligible
under paragraph (1) to file additional infor-
mation electronically from a remote loca-
tion but chooses not to do so must file the
paper documentation with respect to the in-
formation at a designated location.
(c) Post-entry summary information
A Program participant that is eligible to file
electronically entry information under sub-
section (a) and additional information under
subsection (b) from a remote location may file
at any remote location designated by the Cus-
toms Service any information required by the
Customs Service after entry summary.
(d) Definitions
As used in this section:
(1) The term ‘‘designated location’’ means a
customs office located in the customs district
designated by the entry filer for purposes of
customs examination of the merchandise.
(2) The term ‘‘Program participant’’ means,
with respect to an entry of merchandise, any
party entitled to make the entry under section
1484(a)(2)(B) of this title.
(June 17, 1930, ch. 497, title IV, § 414, as added
Pub. L. 103–182, title VI, § 631(2), Dec. 8, 1993, 107
Stat. 2191.)
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.
§ 1415. Mandatory advance electronic informa-
tion for cargo and other improved customs
reporting procedures
(a) Cargo information
(1) In general
(A) Subject to paragraphs (2) and (3), the
Secretary is authorized to promulgate regula-
tions providing for the transmission to the
Customs Service, through an electronic data
interchange system, of information pertaining
to cargo to be brought into the United States
or to be sent from the United States, prior to
the arrival or departure of the cargo.
(B) The Secretary shall endeavor to promul-
gate an initial set of regulations under sub-
paragraph (A) not later than October 1, 2003.
(2) Information required
The cargo information required by the regu-
lations promulgated pursuant to paragraph (1)
under the parameters set forth in paragraph
(3) shall be such information on cargo as the
Secretary determines to be reasonably nec-
essary to ensure cargo safety and security pur-
suant to those laws enforced and administered
by the Customs Service. The Secretary shall
provide to appropriate Federal departments
and agencies cargo information obtained pur-
suant to paragraph (1).
(3) Parameters
In developing regulations pursuant to para-
graph (1), the Secretary shall adhere to the
following parameters:
(A) The Secretary shall solicit comments
from and consult with a broad range of par-
Page 152
TITLE 19—CUSTOMS DUTIES
§ 1415
1 So in original.
ties likely to be affected by the regulations,
including importers, exporters, carriers, cus-
toms brokers, and freight forwarders, among
other interested parties.
(B) In general, the requirement to provide
particular information shall be imposed on
the party most likely to have direct knowl-
edge of that information. Where requiring
information from the party with direct
knowledge of that information is not prac-
ticable, the regulations shall take into ac-
count how, under ordinary commercial prac-
tices, information is acquired by the party
on which the requirement is imposed, and
whether and how such party is able to verify
the information. Where information is not
reasonably verifiable by the party on which
a requirement is imposed, the regulations
shall permit that party to transmit informa-
tion on the basis of what it reasonably be-
lieves to be true.
(C) The Secretary shall take into account
the existence of competitive relationships
among the parties on which requirements to
provide particular information are imposed.
(D) Where the regulations impose require-
ments on carriers of cargo, they shall take
into account differences among different
modes
of
transportation,
including
dif-
ferences in commercial practices, oper-
ational characteristics, and technological
capacity to collect and transmit information
electronically.
(E) The regulations shall take into ac-
count the extent to which the technology
necessary for parties to transmit and the
Customs Service to receive and analyze data
in a timely fashion is available. To the ex-
tent that the Secretary determines that the
necessary technology will not be widely
available to particular modes of transpor-
tation or other affected parties until after
promulgation of the regulations, the regula-
tions shall provide interim requirements ap-
propriate for the technology that is avail-
able at the time of promulgation.
(F) The information collected pursuant to
the regulations shall be used exclusively for
ensuring cargo safety and security, pre-
venting smuggling, and commercial risk as-
sessment targeting, and shall not be used for
any commercial enforcement purposes, in-
cluding for determining merchandise entry.
Notwithstanding the preceding sentence,
nothing in this section shall be treated as
amending, repealing, or otherwise modifying
title IV of the Tariff Act of 1930 [19 U.S.C.
1401 et seq.] or regulations promulgated
thereunder.
(G) The regulations shall protect the pri-
vacy of business proprietary and any other
confidential cargo information provided to
the Customs Service pursuant to such regu-
lations, except for the manifest information
collected pursuant to section 431 of the Tar-
iff Act of 1930 [19 U.S.C. 1431] and required to
be available for public disclosure pursuant
to section 431(c) of such Act..1
(H) In determining the timing for trans-
mittal of any information, the Secretary
shall balance likely impact on flow of com-
merce with impact on cargo safety and secu-
rity. With respect to requirements that may
be imposed on carriers of cargo, the timing
for transmittal of information shall take
into account differences among different
modes of transportation, as described in sub-
paragraph (D).
(I) Where practicable, the regulations shall
avoid imposing requirements that are redun-
dant with one another or that are redundant
with requirements in other provisions of
law.
(J) The Secretary shall determine whether
it is appropriate to provide transition peri-
ods between promulgation of the regulations
and the effective date of the regulations and
shall prescribe such transition periods in the
regulations, as appropriate. The Secretary
may determine that different transition pe-
riods are appropriate for different classes of
affected parties.
(K)(i) The Secretary shall prescribe regula-
tions requiring the United States Postal
Service to transmit the information de-
scribed in paragraphs (1) and (2) to the Com-
missioner of U.S. Customs and Border Pro-
tection for international mail shipments by
the Postal Service (including shipments to
the Postal Service from foreign postal opera-
tors that are transported by private carrier)
consistent with the requirements of this sub-
paragraph.
(ii) In prescribing regulations under clause
(i), the Secretary shall impose requirements
for the transmission to the Commissioner of
information described in paragraphs (1) and
(2) for mail shipments described in clause (i)
that are comparable to the requirements for
the transmission of such information im-
posed on similar non-mail shipments of
cargo, taking into account the parameters
set forth in subparagraphs (A) through (J).
(iii) The regulations prescribed under
clause (i) shall require the transmission of
the information described in paragraphs (1)
and (2) with respect to a shipment as soon as
practicable in relation to the transportation
of the shipment, consistent with subpara-
graph (H).
(iv) Regulations prescribed under clause (i)
shall allow for the requirements for the
transmission to the Commissioner of infor-
mation described in paragraphs (1) and (2)
for mail shipments described in clause (i) to
be implemented in phases, as appropriate,
by—
(I) setting incremental targets for in-
creasing the percentage of such shipments
for which information is required to be
transmitted to the Commissioner; and
(II) taking into consideration—
(aa) the risk posed by such shipments;
(bb) the volume of mail shipped to the
United States by or through a particular
country; and
(cc) the capacities of foreign postal op-
erators to provide that information to
the Postal Service.
(v)(I) Notwithstanding clause (iv), the
Postal Service shall, not later than Decem-
Page 153
TITLE 19—CUSTOMS DUTIES
§ 1415
ber 31, 2018, arrange for the transmission to
the Commissioner of the information de-
scribed in paragraphs (1) and (2) for not less
than 70 percent of the aggregate number of
mail shipments, including 100 percent of
mail shipments from the People’s Republic
of China, described in clause (i).
(II) If the requirements of subclause (I) are
not met, the Comptroller General of the
United States shall submit to the appro-
priate congressional committees, not later
than June 30, 2019, a report—
(aa) assessing the reasons for the failure
to meet those requirements; and
(bb) identifying recommendations to im-
prove the collection by the Postal Service
of the information described in paragraphs
(1) and (2).
(vi)(I) Notwithstanding clause (iv), the
Postal Service shall, not later than Decem-
ber 31, 2020, arrange for the transmission to
the Commissioner of the information de-
scribed in paragraphs (1) and (2) for 100 per-
cent of the aggregate number of mail ship-
ments described in clause (i).
(II) The Commissioner, in consultation
with the Postmaster General, may deter-
mine to exclude a country from the require-
ment described in subclause (I) to transmit
information for mail shipments described in
clause (i) from the country if the Commis-
sioner determines that the country—
(aa) does not have the capacity to collect
and transmit such information;
(bb) represents a low risk for mail ship-
ments that violate relevant United States
laws and regulations; and
(cc) accounts for low volumes of mail
shipments that can be effectively screened
for
compliance
with
relevant
United
States laws and regulations through an al-
ternate means.
(III) The Commissioner shall, at a min-
imum on an annual basis, re-evaluate any
determination made under subclause (II) to
exclude a country from the requirement de-
scribed in subclause (I). If, at any time, the
Commissioner determines that a country no
longer meets the requirements under sub-
clause (II), the Commissioner may not fur-
ther exclude the country from the require-
ment described in subclause (I).
(IV) The Commissioner shall, on an annual
basis, submit to the appropriate congres-
sional committees—
(aa) a list of countries with respect to
which the Commissioner has made a deter-
mination under subclause (II) to exclude
the countries from the requirement de-
scribed in subclause (I); and
(bb) information used to support such de-
termination with respect to such coun-
tries.
(vii)(I) The Postmaster General shall, in
consultation with the Commissioner, refuse
any shipments received after December 31,
2020, for which the information described in
paragraphs (1) and (2) is not transmitted as
required under this subparagraph, except as
provided in subclause (II) or (III).
(II) If remedial action is warranted in lieu
of refusal of shipments pursuant to sub-
clause (I), the Postmaster General and the
Commissioner shall take remedial action
with respect to the shipments, including de-
struction, seizure, controlled delivery or
other law enforcement initiatives, or correc-
tion of the failure to provide the informa-
tion described in paragraphs (1) and (2) with
respect to the shipments.
(III) Notwithstanding subclause (I), during
the period beginning on January 1, 2021,
through March 15, 2021, the Postmaster Gen-
eral may accept a shipment without trans-
mission of the information described in
paragraphs (1) and (2) if the Commissioner
determines, or concurs with the determina-
tion of the Postmaster General, that the
shipment presents a low risk of violating
any relevant United States statutes or regu-
lations, including statutes or regulations re-
lating to the importation of controlled sub-
stances such as fentanyl and other synthetic
opioids.
(viii) Nothing in this subparagraph shall
be construed to limit the authority of the
Secretary to obtain information relating to
international mail shipments from private
carriers or other appropriate parties.
(ix) In this subparagraph, the term ‘‘appro-
priate congressional committees’’ means—
(I) the Committee on Finance and the
Committee on Homeland Security and
Governmental Affairs of the Senate; and
(II) the Committee on Ways and Means,
the Committee on Oversight and Govern-
ment Reform, and the Committee on
Homeland Security of the House of Rep-
resentatives.
(L) Not later than 15 days prior to publica-
tion of a final rule pursuant to this section,
the Secretary shall transmit to the Commit-
tees on Finance and Commerce, Science, and
Transportation of the Senate and the Com-
mittees on Ways and Means and Transpor-
tation and Infrastructure of the House of
Representatives a report setting forth—
(i) the proposed regulations;
(ii) an explanation of how particular re-
quirements in the proposed regulations
meet the needs of cargo safety and secu-
rity;
(iii) an explanation of how the Secretary
expects the proposed regulations to affect
the commercial practices of affected par-
ties;
(iv) an explanation of how the proposed
regulations address particular comments
received from interested parties; and
(v) if the Secretary determines to amend
the proposed regulations after they have
been transmitted to the Committees pur-
suant to this subparagraph, the Secretary
shall transmit the amended regulations to
such Committees no later than 5 days
prior to the publication of the final rule.
(4) Transmission of data
Pursuant to paragraph (2), not later than 1
year after August 10, 2005, the Secretary of
Homeland Security, after consultation with
Page 154
TITLE 19—CUSTOMS DUTIES
§ 1415
the Secretary of the Treasury, shall establish
an
electronic
data
interchange
system
through which the United States Customs and
Border Protection shall transmit to the Inter-
nal Revenue Service information pertaining to
cargoes of any taxable fuel (as defined in sec-
tion 4083 of title 26) that the United States
Customs and Border Protection has obtained
electronically under its regulations adopted in
accordance with paragraph (1). For this pur-
pose, not later than 1 year after August 10,
2005, all filers of required cargo information
for such taxable fuels (as so defined) must pro-
vide such information to the United States
Customs and Border Protection through such
electronic data interchange system.
(5) Capacity building
(A) In general
The Secretary, with the concurrence of the
Secretary of State, and in coordination with
the Postmaster General and the heads of
other Federal agencies, as appropriate, may
provide technical assistance, equipment,
technology, and training to enhance the ca-
pacity of foreign postal operators—
(i) to gather and provide the information
required by paragraph (3)(K); and
(ii) to otherwise gather and provide post-
al shipment information related to—
(I) terrorism;
(II) items the importation or introduc-
tion of which into the United States is
prohibited or restricted, including con-
trolled substances; and
(III) such other concerns as the Sec-
retary determines appropriate.
(B) Provision of equipment and technology
With respect to the provision of equipment
and technology under subparagraph (A), the
Secretary may lease, loan, provide, or other-
wise assist in the deployment of such equip-
ment and technology under such terms and
conditions as the Secretary may prescribe,
including nonreimbursable loans or the
transfer of ownership of equipment and tech-
nology.
(b) Omitted
(c) Secretary
For purposes of this section, the term ‘‘Sec-
retary’’ means the Secretary of the Treasury. If,
at the time the regulations required by sub-
section (a)(1) are promulgated, the Customs
Service is no longer located in the Department
of the Treasury, then the Secretary of the
Treasury shall exercise the authority under sub-
section (a) jointly with the Secretary of the De-
partment in which the Customs Service is lo-
cated.
(Pub. L. 107–210, div. A, title III, § 343, Aug. 6,
2002, 116 Stat. 981; Pub. L. 107–295, title I, § 108(b),
Nov. 25, 2002, 116 Stat. 2089; Pub. L. 109–59, title
XI, § 11165(a), Aug. 10, 2005, 119 Stat. 1976; Pub. L.
114–125, title I, § 111(c), Feb. 24, 2016, 130 Stat. 140;
Pub. L. 115–271, title VIII, § 8003(a)(1), (b)(1), (e),
Oct. 24, 2018, 132 Stat. 4074, 4076, 4079; Pub. L.
116–260, div. N, title VIII, § 802, Dec. 27, 2020, 134
Stat. 2119.)
Editorial Notes
REFERENCES IN TEXT
The Tariff Act of 1930, referred to in subsec. (a)(3)(F),
is act June 17, 1930, ch. 497, 46 Stat. 590. Title IV of the
Act is classified generally to this subtitle. For com-
plete classification of this Act to the Code, see section
1654 of this title and Tables.
CODIFICATION
Subsections (a) and (c) of this section were formerly
set out as a note under section 2071 of this title.
Section was enacted as part of the Customs Border
Security Act of 2002, and also as part of the Trade Ad-
justment Assistance Reform Act of 2002 and as part of
the Trade Act of 2002, and not as part of the Tariff Act
of 1930 which comprises this chapter.
Section is comprised of section 343 of Pub. L. 107–210.
Subsec. (b) of section 343 of Pub. L. 107–210 enacted sec-
tion 1431a of this title.
AMENDMENTS
2020—Subsec. (a)(3)(K)(vii)(I). Pub. L. 116–260, § 802(1),
substituted ‘‘subclause (II) or (III)’’ for ‘‘subclause
(II)’’.
Subsec. (a)(3)(K)(vii)(III). Pub. L. 116–260, § 802(2),
added subcl. (III).
2018—Pub. L. 115–271, § 8003(e), substituted ‘‘advance’’
for ‘‘advanced’’ in section catchline.
Subsec. (a)(3)(K). Pub. L. 115–271, § 8003(a)(1), amended
subpar. (K) generally. Prior to amendment, subpar. (K)
read as follows: ‘‘With respect to requirements imposed
on carriers, the Secretary, in consultation with the
Postmaster General, shall determine whether it is ap-
propriate to impose the same or similar requirements
on shipments by the United States Postal Service. If
the Secretary determines that such requirements are
appropriate, then they shall be set forth in the regula-
tions.’’
Subsec. (a)(5). Pub. L. 115–271, § 8003(b)(1), added par.
(5).
2016—Subsec. (a)(3)(F). Pub. L. 114–125 amended sub-
par. (F) generally. Prior to amendment, subpar. (F)
read as follows: ‘‘The information collected pursuant to
the regulations shall be used exclusively for ensuring
cargo safety and security and preventing smuggling,
and shall not be used for determining merchandise
entry or for any other commercial enforcement pur-
poses. Notwithstanding the preceding sentence, nothing
in this section shall be treated as amending, repealing,
or otherwise modifying title IV of the Tariff Act of 1930
or regulations promulgated thereunder.’’
2005—Subsec. (a)(4). Pub. L. 109–59 added par. (4).
2002—Subsec. (a)(1). Pub. L. 107–295, § 108(b)(1), added
par. (1) and struck out former par. (1). Prior to amend-
ment, text read as follows: ‘‘Subject to paragraphs (2)
and (3), not later than 1 year after August 6, 2002, the
Secretary shall promulgate regulations providing for
the transmission to the Customs Service, through an
electronic data interchange system, of information per-
taining to cargo destined for importation into the
United States or exportation from the United States,
prior to such importation or exportation.’’
Subsec. (a)(2). Pub. L. 107–295, § 108(b)(2), added par. (2)
and struck out former par. (2). Prior to amendment,
text read as follows: ‘‘The information required by the
regulations promulgated pursuant to paragraph (1)
under the parameters set forth in paragraph (3) shall be
such information as the Secretary determines to be
reasonably necessary to ensure aviation, maritime, and
surface transportation safety and security pursuant to
those laws enforced and administered by the Customs
Service.’’
Subsec. (a)(3)(F). Pub. L. 107–295, § 108(b)(3)(A), (B),
substituted ‘‘cargo safety and security’’ for ‘‘aviation,
maritime, and surface transportation safety and secu-
rity’’, inserted ‘‘and preventing smuggling’’ after ‘‘se-
curity’’ and ‘‘merchandise’’ after ‘‘determining’’, and
inserted at end ‘‘Notwithstanding the preceding sen-
Page 155
TITLE 19—CUSTOMS DUTIES
§ 1431
tence, nothing in this section shall be treated as
amending, repealing, or otherwise modifying title IV of
the Tariff Act of 1930 or regulations promulgated there-
under.’’
Subsec. (a)(3)(G). Pub. L. 107–295, § 108(b)(3)(C), in-
serted ‘‘cargo’’ after ‘‘confidential’’ and ‘‘pursuant to
such regulations, except for the manifest information
collected pursuant to section 431 of the Tariff Act of
1930 and required to be available for public disclosure
pursuant to section 431(c) of such Act.’’ after ‘‘Customs
Service’’ and struck out at end ‘‘However, this param-
eter does not repeal, amend, or otherwise modify other
provisions of law relating to the public disclosure of in-
formation transmitted to the Customs Service.’’
Subsec. (a)(3)(H). Pub. L. 107–295, § 108(b)(3)(A), sub-
stituted ‘‘cargo safety and security’’ for ‘‘aviation,
maritime, and surface transportation safety and secu-
rity’’.
Subsec. (a)(3)(L). Pub. L. 107–295, § 108(b)(3)(D)(i)(II),
which directed the substitution of ‘‘publication of a
final rule pursuant to this section’’ for ‘‘promulgation
of regulations’’ in introductory provisions, was exe-
cuted by making the substitution for ‘‘promulgation of
the regulations’’ to reflect the probable intent of Con-
gress.
Pub. L. 107–295, § 108(b)(3)(D)(i)(I), substituted ‘‘15
days’’ for ‘‘60 days’’ in introductory provisions.
Subsec. (a)(3)(L)(ii). Pub. L. 107–295, § 108(b)(3)(A), sub-
stituted ‘‘cargo safety and security’’ for ‘‘aviation,
maritime, and surface transportation safety and secu-
rity’’.
Subsec.
(a)(3)(L)(v).
Pub.
L.
107–295,
§ 108(b)(3)(D)(ii)–(iv), added cl. (v).
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on Oversight and Government Reform of
House of Representatives changed to Committee on
Oversight and Reform of House of Representatives by
House Resolution No. 6, One Hundred Sixteenth Con-
gress, Jan. 9, 2019. Committee on Oversight and Reform
of House of Representatives changed to Committee on
Oversight and Accountability of House of Representa-
tives by House Resolution No. 5, One Hundred Eight-
eenth Congress, Jan. 9, 2023.
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109–59, title XI, § 11165(b), Aug. 10, 2005, 119
Stat. 1976, provided that: ‘‘The amendment made by
this section [amending this section] shall take effect on
the date of the enactment of this Act [Aug. 10, 2005].’’
INTERNATIONAL POSTAL AGREEMENTS
Pub. L. 115–271, title VIII, § 8004, Oct. 24, 2018, 132 Stat.
4079, provided that:
‘‘(a) EXISTING AGREEMENTS.—
‘‘(1) IN GENERAL.—In the event that any provision of
this subtitle [subtitle A (§§ 8001–8009) of title VIII of
Pub. L. 115–271, see Short Title of 2018 Amendment
note set out under section 1 of this title], or any
amendment made by this subtitle, is determined to
be in violation of obligations of the United States
under any postal treaty, convention, or other inter-
national agreement related to international postal
services, or any amendment to such an agreement,
the Secretary of State should negotiate to amend the
relevant provisions of the agreement so that the
United States is no longer in violation of the agree-
ment.
‘‘(2) RULE OF CONSTRUCTION.—Nothing in this sub-
section shall be construed to permit delay in the im-
plementation of this subtitle or any amendment
made by this subtitle.
‘‘(b) FUTURE AGREEMENTS.—
‘‘(1) CONSULTATIONS.—Before entering into, on or
after the date of the enactment of this Act [Oct. 24,
2018], any postal treaty, convention, or other inter-
national agreement related to international postal
services, or any amendment to such an agreement,
that is related to the ability of the United States to
secure the provision of advance electronic informa-
tion by foreign postal operators, the Secretary of
State should consult with the appropriate congres-
sional committees (as defined in section 8003(f))
[Committee on Finance and Committee on Homeland
Security and Governmental Affairs of the Senate and
Committee on Ways and Means, Committee on Over-
sight and Accountability, and Committee on Home-
land Security of the House of Representatives].
‘‘(2) EXPEDITED NEGOTIATION OF NEW AGREEMENT.—
To the extent that any new postal treaty, convention,
or other international agreement related to inter-
national postal services would improve the ability of
the United States to secure the provision of advance
electronic information by foreign postal operators as
required by regulations prescribed under section
343(a)(3)(K) of the Trade Act of 2002 [19 U.S.C.
1415(a)(3)(K)], as amended by section 8003(a)(1), the
Secretary of State should expeditiously conclude
such an agreement.’’
COST RECOUPMENT
Pub. L. 115–271, title VIII, § 8005, Oct. 24, 2018, 132 Stat.
4079, provided that:
‘‘(a) IN GENERAL.—The United States Postal Service
shall, to the extent practicable and otherwise recover-
able by law, ensure that all costs associated with com-
plying with this subtitle [subtitle A (§§ 8001–8009) of
title VIII of Pub. L. 115–271, see Short Title of 2018
Amendment note set out under section 1 of this title]
and amendments made by this subtitle are charged di-
rectly to foreign shippers or foreign postal operators.
‘‘(b) COSTS NOT CONSIDERED REVENUE.—The recovery
of costs under subsection (a) shall not be deemed rev-
enue for purposes of subchapter I and II of chapter 36 of
title 39, United States Code, or regulations prescribed
under that chapter.’’
PART II—REPORT, ENTRY, AND UNLADING OF
VESSELS AND VEHICLES
§ 1431. Manifests
(a) In general
Every vessel required to make entry under
section 1434 of this title or obtain clearance
under section 60105 of title 46 shall have a mani-
fest that complies with the requirements pre-
scribed under subsection (d).
(b) Production of manifest
Any manifest required by the Customs Service
shall be signed, produced, delivered or electroni-
cally transmitted by the master or person in
charge of the vessel, aircraft, or vehicle, or by
any other authorized agent of the owner or oper-
ator of the vessel, aircraft, or vehicle in accord-
ance with the requirements prescribed under
subsection (d). A manifest may be supplemented
by bill of lading data supplied by the issuer of
such bill. If any irregularity of omission or com-
mission occurs in any way in respect to any
manifest or bill of lading data, the owner or op-
erator of the vessel, aircraft or vehicle, or any
party responsible for such irregularity, shall be
liable for any fine or penalty prescribed by law
with respect to such irregularity. The Customs
Service may take appropriate action against
any of the parties.
(c) Public disclosure of certain manifest informa-
tion
(1) Except as provided in subparagraph (2), the
following information, when contained in a ves-
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
When used in this subtitle or in part I of subtitle II—
**(a) Vessel** The word “vessel” includes every description of water craft or other contrivance used, or capable of being used, as a means of transportation in water, but does not include aircraft.
**(b) Vehicle** The word “vehicle” includes every description of carriage or other contrivance used, or capable of being used, as a means of transportation on land, but does not include aircraft.
**(c) Merchandise** The word “merchandise” means goods, wares, and chattels of every description, and includes merchandise the importation of which is prohibited, and monetary instruments as defined in [section 5312 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section5312&num=0&edition=prelim).
**(d) Person** The word “person” includes partnerships, associations, and corporations.
**(e) Master** The word “master” means the person having the command of the vessel.
**(f) Day** The word “day” means the time from eight o’clock antemeridian to five o’clock postmeridian.
**(g) Night** The word “night” means the time from five o’clock postmeridian to eight o’clock antemeridian.
**(h) United States** The term “United States” includes all Territories and possessions of the United States except the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, and the island of Guam.
**(i) Officer of the customs; customs officer** The terms “officer of the customs” and “customs officer” mean any officer of the United States Customs Service of the Treasury Department (also hereinafter referred to as the “Customs Service”) or any commissioned, warrant, or petty officer of the Coast Guard, or any agent or other person, including foreign law enforcement officers, autho
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1401
Stored review status: release_metadata_unconfirmed. The source passage cites 19 U.S.C. § 1401. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 136
TITLE 19—CUSTOMS DUTIES
§ 1366
from Communistic areas. See section 1801 et seq. of this
title.
Section 1363, acts June 16, 1951, ch. 141, § 6, 65 Stat. 73;
June 21, 1955, ch. 169, § 4, 69 Stat. 165, provided for an es-
cape clause for future agreements, and insertion in past
agreements.
Section 1364, acts June 16, 1951, ch. 141, § 7, 65 Stat. 74;
Aug. 7, 1953, ch. 348, title I, § 102, 67 Stat. 472; June 21,
1955, ch. 169, §§ 5, 6, 69 Stat. 166; Aug. 20, 1958, Pub. L.
85–686, §§ 5(a), (b)(1), (c), 6, 72 Stat. 676, related to the op-
eration of the escape clause.
Section 1365, act June 16, 1951, ch. 141, § 8(a), 65 Stat.
75, provided for emergency action for perishable agri-
cultural products.
Statutory Notes and Related Subsidiaries
PRESIDENTIAL ACTION IN EFFECT ON OCTOBER 11, 1962
Pub. L. 87–794, title II, § 257(e)(2), Oct. 11, 1962, 76 Stat.
882, provided that: ‘‘Action taken by the President
under section 5 of such Act [former section 1362 of this
title] and in effect on the date of the enactment of this
Act [Oct. 11, 1962] shall be considered as having been
taken by the President under section 231 [section 1861
of this title].’’
CONTINUATION OF INVESTIGATIONS
Pub. L. 87–794, title II, § 257(e)(3), Oct. 11, 1962, 76 Stat.
882, provided that: ‘‘Any investigation by the Tariff
Commission [now the United States International
Trade Commission] under section 7 of such Act [former
section 1364 of this title] which is in progress on the
date of the enactment of this Act [Oct. 11, 1962] shall be
continued under section 301 [section 1901 of this title]
as if the application by the interested party were a pe-
tition under such section for tariff adjustment under
section 351 [section 1981 of this title]. For purposes of
section 301(f) [section
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 1401
Stored review status: historical_2024_not_currentness_verified. The source passage cites 19 U.S.C. § 1401. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Cargo information**
(1) **In general**
(A) Subject to paragraphs (2) and (3), the Secretary is authorized to promulgate regulations providing for the transmission to the Customs Service, through an electronic data interchange system, of information pertaining to cargo to be brought into the United States or to be sent from the United States, prior to the arrival or departure of the cargo.
(B) The Secretary shall endeavor to promulgate an initial set of regulations under subparagraph (A) not later than October 1, 2003.
(2) **Information required** — The cargo information required by the regulations promulgated pursuant to paragraph (1) under the parameters set forth in paragraph (3) shall be such information on cargo as the Secretary determines to be reasonably necessary to ensure cargo safety and security pursuant to those laws enforced and administered by the Customs Service. The Secretary shall provide to appropriate Federal departments and agencies cargo information obtained pursuant to paragraph (1).
(3) **Parameters** — In developing regulations pursuant to paragraph (1), the Secretary shall adhere to the following parameters:
(A) The Secretary shall solicit comments from and consult with a broad range of parties likely to be affected by the regulations, including importers, exporters, carriers, customs brokers, and freight forwarders, among other interested parties.
(B) In general, the requirement to provide particular information shall be imposed on the party most likely to have direct knowledge of that information. Where requiring information from the party with direct knowledge of that information is not practicable, the regulations shall take into account how, under ordinary commercial practices, information is acquired by the party on whi
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1415
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Every vessel required to make entry under [section 1434 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1434&num=0&edition=prelim) or obtain clearance under [section 60105 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section60105&num=0&edition=prelim) shall have a manifest that complies with the requirements prescribed under subsection (d).
**(b) Production of manifest** Any manifest required by the Customs Service shall be signed, produced, delivered or electronically transmitted by the master or person in charge of the vessel, aircraft, or vehicle, or by any other authorized agent of the owner or operator of the vessel, aircraft, or vehicle in accordance with the requirements prescribed under subsection (d). A manifest may be supplemented by bill of lading data supplied by the issuer of such bill. If any irregularity of omission or commission occurs in any way in respect to any manifest or bill of lading data, the owner or operator of the vessel, aircraft or vehicle, or any party responsible for such irregularity, shall be liable for any fine or penalty prescribed by law with respect to such irregularity. The Customs Service may take appropriate action against any of the parties.
**(c) Public disclosure of certain manifest information**
(1) Except as provided in subparagraph (2), the following information, when contained in a vessel vessel 11 So in original. or aircraft manifest, shall be available for public disclosure:
(A) The name and address of each importer or consignee and the name and address of the shipper to such importer or consignee, unless the importer or consignee has made a biennial certification, in accordance with procedures adopted by the Secretary
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1431
Stored review status: release_metadata_unconfirmed. The source passage cites 19 U.S.C. § 1431. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 155
TITLE 19—CUSTOMS DUTIES
§ 1431
tence, nothing in this section shall be treated as
amending, repealing, or otherwise modifying title IV of
the Tariff Act of 1930 or regulations promulgated there-
under.’’
Subsec. (a)(3)(G). Pub. L. 107–295, § 108(b)(3)(C), in-
serted ‘‘cargo’’ after ‘‘confidential’’ and ‘‘pursuant to
such regulations, except for the manifest information
collected pursuant to section 431 of the Tariff Act of
1930 and required to be available for public disclosure
pursuant to section 431(c) of such Act.’’ after ‘‘Customs
Service’’ and struck out at end ‘‘However, this param-
eter does not repeal, amend, or otherwise modify other
provisions of law relating to the public disclosure of in-
formation transmitted to the Customs Service.’’
Subsec. (a)(3)(H). Pub. L. 107–295, § 108(b)(3)(A), sub-
stituted ‘‘cargo safety and security’’ for ‘‘aviation,
maritime, and surface transportation safety and secu-
rity’’.
Subsec. (a)(3)(L). Pub. L. 107–295, § 108(b)(3)(D)(i)(II),
which directed the substitution of ‘‘publication of a
final rule pursuant to this section’’ for ‘‘promulgation
of regulations’’ in introductory provisions, was exe-
cuted by making the substitution for ‘‘promulgation of
the regulations’’ to reflect the probable intent of Con-
gress.
Pub. L. 107–295, § 108(b)(3)(D)(i)(I), substituted ‘‘15
days’’ for ‘‘60 days’’ in introductory provisions.
Subsec. (a)(3)(L)(ii). Pub. L. 107–295, § 108(b)(3)(A), sub-
stituted ‘‘cargo safety and security’’ for ‘‘aviation,
maritime, and surface transportation safety and secu-
rity’’.
Subsec.
(a)(3)(L)(v).
Pub.
L.
107–295,
§ 108(b)(3)(D)(ii)–(iv), added cl. (v).
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on Oversight and Government Reform of
House of Representati
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 1431
Stored review status: historical_2024_not_currentness_verified. The source passage cites 19 U.S.C. § 1431. This identifies an authority to review, not proof of applicability.