19 U.S.C. § 1627a — Unlawful importation or exportation of

Page 311 TITLE 19—CUSTOMS DUTIES § 1627a 1 So in original. Probably should not be capitalized. 1 So in original. Probably should not be capitalized. (d) Publication of customs decisions that limit court decisions A decision that proposes to limit the applica- tion of a court decision shall be published in the Customs Bulletin together with notice of oppor- tunity for public comment thereon prior to a final decision. (e) Public information The Secretary may make available in writing or through electronic media, in an efficient, comprehensive and timely manner, all informa- tion, including directives, memoranda, elec- tronic messages and telexes which contain in- structions, requirements, methods or advice necessary for importers and exporters to comply with the Customs 1 laws and regulations. All in- formation which may be made available pursu- ant to this subsection shall be subject to any ex- emption from disclosure provided by section 552 of title 5. (June 17, 1930, ch. 497, title IV, § 625, as added Pub. L. 95–410, title I, § 112, Oct. 3, 1978, 92 Stat. 898; amended Pub. L. 103–182, title VI, § 623, Dec. 8, 1993, 107 Stat. 2186; Pub. L. 104–295, § 21(e)(14), Oct. 11, 1996, 110 Stat. 3531.) Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–295 made technical amendment to reference in original act which appears in text as reference to ‘‘this chapter’’. 1993—Pub. L. 103–182 amended section generally. Prior to amendment, section read as follows: ‘‘Within 120 days after issuing any precedential decision (including any ruling letter, internal advice memorandum, or pro- test review decision) under this chapter with respect to any customs transaction, the Secretary shall have such decision published in the Customs Bulletin or shall oth- erwise make such decision available for public inspec- tion.’’ 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. STUDY AND REPORT RELATING TO TIMELINESS OF PROSPECTIVE RULINGS Pub. L. 107–210, div. A, title III, § 335, Aug. 6, 2002, 116 Stat. 978, required the Comptroller General, not later than 1 year after Aug. 6, 2002, to conduct a study and report to committees of Congress on the extent to which the Office of Regulations and Rulings of the Cus- toms Service had made improvements to decrease the time between requests for, and issuance of, prospective rulings relating to the proper classification, valuation, or marking of goods proposed to be imported into the United States. § 1626. Steel products trade enforcement (a) Export validation requirement In order to monitor and enforce export meas- ures required by a foreign government or cus- toms union, pursuant to an international ar- rangement with the United States, the Sec- retary of the Treasury may, upon receipt of a re- quest by the President of the United States and by a foreign government or customs union, re- quire the presentation of a valid export license or other documents issued by such foreign gov- ernment or customs union as a condition for entry into the United States of steel mill prod- ucts specified in the request. The Secretary may provide by regulation for the terms and condi- tions under which such merchandise attempted to be entered without an accompanying valid ex- port license or other documents may be denied entry into the United States. (b) Period of applicability This section applies only to requests received by the Secretary of the Treasury prior to Janu- ary 1, 1983, and for the duration of the arrange- ments. (June 17, 1930, ch. 497, title IV, § 626, as added Pub. L. 96–276, § 153, Oct. 2, 1982, 96 Stat. 1202.) § 1627. Repealed. Pub. L. 100–690, title VII, § 7367(c)(6), Nov. 18, 1988, 102 Stat. 4480 Section, act June 17, 1930, ch. 497, title IV, § 627, as added Oct. 25, 1984, Pub. L. 98–547, title III, § 302, 98 Stat. 2771, related to unlawful importation or exportation of certain vehicles and equipment. Another section 627 of act June 17, 1930, as added by Pub. L. 98–573, title II, § 205, Oct. 30, 1984, 98 Stat. 2974, is classified to section 1627a of this title. § 1627a. Unlawful importation or exportation of certain vehicles; inspections (a) Violations; penalties; seizures and forfeitures (1) Whoever knowingly imports, exports, or at- tempts to import or export— (A) Any 1 stolen self-propelled vehicle, ves- sel, aircraft, or part of a self-propelled vehicle, vessel, or aircraft; or (B) any self-propelled vehicle or part of a self-propelled vehicle from which the identi- fication number has been removed, obliter- ated, tampered with, or altered; shall be subject to a civil penalty in an amount determined by the Secretary, not to exceed $10,000 for each violation. (2) Any violation of this subsection shall make such self-propelled vehicle, vessel, aircraft, or part thereof subject to seizure and forfeiture under this chapter. (b) Regulations; violations; penalties A person attempting to export a used self-pro- pelled vehicle shall present, pursuant to regula- tions prescribed by the Secretary, to the appro- priate customs officer both the vehicle and a document describing such vehicle which in- cludes the vehicle identification number, before Page 312 TITLE 19—CUSTOMS DUTIES § 1628 1 So in original. Probably should be ‘‘(3)’’. lading if the vehicle is to be transported by ves- sel or aircraft, or before export if the vehicle is to be transported by rail, highway, or under its own power. Failure to comply with the regula- tions of the Secretary shall subject such person to a civil penalty of not more than $500 for each violation. (c) Definitions For purposes of this section— (1) the term ‘‘self-propelled vehicle’’ includes any automobile, truck, tractor, bus, motor- cycle, motor home, self-propelled agricultural machinery, self-propelled construction equip- ment, self-propelled special use equipment, and any other self-propelled vehicle used or designed for running on land but not on rail; (2) the term ‘‘aircraft’’ has the meaning given it in section 40102(a)(6) of title 49; (3) the term ‘‘used’’ refers to any self-pro- pelled vehicle the equitable or legal title to which has been transferred by a manufacturer, distributor, or dealer to an ultimate pur- chaser; and (4) the term ‘‘ultimate purchaser’’ means the first person, other than a dealer purchasing in his capacity as a dealer, who in good faith pur- chases a self-propelled vehicle for purposes other than resale. (d) Cooperation of law enforcement and govern- mental authorities Customs officers may cooperate and exchange information concerning motor vehicles, off- highway mobile equipment, vessels, or aircraft, either before exportation or after exportation or importation, with such Federal, State, local, and foreign law enforcement or governmental authorities, and with such organizations en- gaged in theft prevention activities, as may be designated by the Secretary. (June 17, 1930, ch. 497, title IV, § 627, as added Pub. L. 98–573, title II, § 205, Oct. 30, 1984, 98 Stat. 2974.) Editorial Notes CODIFICATION In subsec. (c)(2), ‘‘section 40102(a)(6) of title 49’’ sub- stituted for ‘‘section 101(5) of the Federal Aviation Act of 1958 (49 U.S.C. 1301(5))’’ on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first sec- tion of which enacted subtitles II, III, and V to X of Title 49, Transportation. Another section 627 of act June 17, 1930, as added by Pub. L. 98–547, title III, § 302, Oct. 25, 1984, 98 Stat. 2771, was classified to section 1627 of this title and subse- quently repealed. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on 15th day after Oct. 30, 1984, see section 214(a), (b) of Pub. L. 98–573, set out as an Effec- tive Date of 1984 Amendment note under section 1304 of this title. § 1628. Exchange of information (a) In general The Secretary may by regulation authorize customs officers to exchange information or documents with foreign customs and law en- forcement agencies if the Secretary reasonably believes the exchange of information is nec- essary to— (1) insure compliance with any law or regu- lation enforced or administered by the Cus- toms Service; (2) administer or enforce multilateral or bi- lateral agreements to which the United States is a party; (3) assist in investigative, judicial and quasi- judicial proceedings in the United States; and (4) an action comparable to any of those de- scribed in paragraphs (1) through (4) 1 under- taken by a foreign customs or law enforce- ment agency, or in relation to a proceeding in a foreign country. (b) Nondisclosure and uses of information pro- vided (1) Information may be provided to foreign customs and law enforcement agencies under subsection (a) only if the Secretary obtains as- surances from such agencies that such informa- tion will be held in confidence and used only for the law enforcement purposes for which such in- formation is provided to such agencies by the Secretary. (2) No information may be provided under sub- section (a) to any foreign customs or law en- forcement agency that has violated any assur- ances described in paragraph (1). (c) Government agency of USMCA country (1) In general The Secretary may authorize U.S. Customs and Border Protection to exchange informa- tion with any government agency of a USMCA country, if the Secretary— (A) reasonably believes the exchange of in- formation is necessary to implement chapter 2, 4, 5, 6, or 7 of the USMCA; and (B) obtains assurances from such agency that the information will be held in con- fidence and used only for governmental pur- poses. (2) Definitions In this subsection, the terms ‘‘USMCA’’ and ‘‘USMCA country’’ have the meanings given those terms in section 4502 of this title. (June 17, 1930, ch. 497, title IV, § 628, as added Pub. L. 99–570, title III, § 3127, Oct. 27, 1986, 100 Stat. 3207–89; amended Pub. L. 103–182, title II, § 209, Dec. 8, 1993, 107 Stat. 2098; Pub. L. 116–113, title II, § 209(c), Jan. 29, 2020, 134 Stat. 52.) Editorial Notes AMENDMENTS 2020—Subsec. (c). Pub. L. 116–113 added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: ‘‘The Secretary may authorize the Cus- toms Service to exchange information with any govern- ment agency of a NAFTA country, as defined in section 3301(4) of this title, if the Secretary— ‘‘(1) reasonably believes the exchange of informa- tion is necessary to implement chapter 3, 4, or 5 of the North American Free Trade Agreement, and ‘‘(2) obtains assurances from such country that the information will be held in confidence and used only for governmental purposes.’’