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19 U.S.C. § 1415 — Mandatory advance electronic informa-

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19 U.S.C. § 1415 — Mandatory advance electronic informa-

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

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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-

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1401 — Miscellaneous

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

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1401 — Miscellaneous

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

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1415 — Mandatory advance electronic information 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 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

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1431 — Manifests

**(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

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1431 — Manifests

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

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