19 U.S.C. § 1441 — Exceptions to vessel entry and clearance

Page 163 TITLE 19—CUSTOMS DUTIES § 1441 (5) The location from which the items origi- nated. (6) The entity responsible for the apprehen- sion or seizure, organized by location or port of entry. (7) The amount of penalties assessed by U.S. Customs and Border Protection, organized by name of the violator and location or port of entry. (8) The amount of penalties that U.S. Cus- toms and Border Protection could have levied, organized by name of the violator and location or port of entry. (9) The rationale for negotiating lower pen- alties, organized by name of the violator and location or port of entry. (c) Appropriate congressional committees de- fined In this section, the term ‘‘appropriate congres- sional committees’’ means— (1) the Committee on Finance and the Com- mittee on Homeland Security and Govern- mental Affairs of the Senate; and (2) the Committee on Ways and Means, the Committee on Oversight and Government Re- form, and the Committee on Homeland Secu- rity of the House of Representatives. (Pub. L. 115–271, title VIII, § 8008, Oct. 24, 2018, 132 Stat. 4081.) Editorial Notes REFERENCES IN TEXT Section 1436 of this title, as amended by section 8007, referred to in subsec. (a), is section 1436 of this title as amended by section 8007 of Pub. L. 115–271. CODIFICATION Section was enacted as part of the Synthetics Traf- ficking and Overdose Prevention Act of 2018, also known as the STOP Act of 2018, and also as part of the Substance Use–Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Com- munities Act, also known as the SUPPORT for Pa- tients and Communities Act, and not as part of the Tariff Act of 1930 which comprises this chapter. 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. § 1437. Repealed. Pub. L. 103–182, title VI, § 690(b)(3), Dec. 8, 1993, 107 Stat. 2223 Section, act June 17, 1930, ch. 497, title IV, § 437, 46 Stat. 711, provided for return of register or document to master or owner of vessel upon clearance. § 1438. Unlawful return of foreign vessel’s papers It shall not be lawful for any foreign consul to deliver to the master of any foreign vessel the register, or document in lieu thereof, deposited with him in accordance with the provisions of section 1434 of this title, or regulations issued thereunder, until such master shall produce to him a clearance in due form from the Customs Service in the port in which such vessel has en- tered. Any consul offending against the provi- sions of this section shall be liable to a fine of not more than $5,000. (June 17, 1930, ch. 497, title IV, § 438, 46 Stat. 712; Pub. L. 91–271, title III, § 301(b), June 2, 1970, 84 Stat. 287; Pub. L. 103–182, title VI, § 654, Dec. 8, 1993, 107 Stat. 2210.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 21, 1922, ch. 356, title IV, § 438, 42 Stat. 952. That section was superseded by section 438 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. AMENDMENTS 1993—Pub. L. 103–182 substituted ‘‘section 1434’’ for ‘‘section 1435’’, inserted ‘‘, or regulations issued there- under,’’ before ‘‘until such master’’, and substituted ‘‘the Customs Service in the port in which such vessel has entered’’ for ‘‘the appropriate customs officer of the port where such vessel has been entered’’. 1970—Pub. L. 91–271 substituted reference to appro- priate customs officers for reference to collector. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT For effective date of amendment by Pub. L. 91–271, see section 203 of Pub. L. 91–271, set out as a note under section 1500 of this title. 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. §§ 1439, 1440. Repealed. Pub. L. 103–182, title VI, § 690(b)(4), (5), Dec. 8, 1993, 107 Stat. 2223 Section 1439, acts June 17, 1930, ch. 497, title IV, § 439, 46 Stat. 712; Aug. 8, 1953, ch. 397, § 2(b), 67 Stat. 507, re- quired master of a vessel from a foreign port or place, immediately upon arrival, to mail or deliver to des- ignated employee a copy of manifest and any correc- tions thereto. Section 1440, acts June 17, 1930, ch. 497, title IV, § 440, 46 Stat. 712; Aug. 8, 1953, ch. 397, § 2(c), 67 Stat. 508, re- quired master of a vessel to make post entry of any baggage or merchandise not included on manifest and to mail or deliver such entry to designated employee. § 1441. Exceptions to vessel entry and clearance requirements The following vessels shall not be required to make entry under section 1434 of this title or to obtain clearance under section 60105 of title 46: (1) Vessels of war and public vessels em- ployed for the conveyance of letters and dis- Page 164 TITLE 19—CUSTOMS DUTIES § 1441 patches and not permitted by the laws of the nations to which they belong to be employed in the transportation of passengers or mer- chandise in trade. (2) Passenger vessels making three trips or oftener a week between a port of the United States and a foreign port, or vessels used ex- clusively as ferryboats, carrying passengers, baggage, or merchandise: Provided, That the master of any such vessel shall be required to report such baggage and merchandise to the appropriate customs officer within twenty- four hours after arrival. (3) Any vessel carrying passengers on excur- sion from the United States Virgin Islands to the British Virgin Islands and returning, if— (A) the vessel does not in any way violate the customs or navigation laws of the United States; (B) the vessel has not visited any hovering vessel; and (C) the master of the vessel, if there is on board any article required by law to be en- tered, reports the article to the Customs Service immediately upon arrival. (4) Any United States documented vessel with recreational endorsement or any undocu- mented United States pleasure vessel not en- gaged in trade, if— (A) the vessel complies with the reporting requirements of section 1433 of this title, and with the customs and navigation laws of the United States; (B) the vessel has not visited any hovering vessel; and (C) the master of, and any other person on board, the vessel, if the master or such per- son has on board any article required by law to be entered or declared, reports such arti- cle to the Customs Service immediately upon arrival. (5) Vessels arriving in distress or for the pur- pose of taking on bunker coal, bunker oil, sea stores, or ship’s stores and which shall depart within twenty-four hours after arrival without having landed or taken on board any pas- sengers, or any merchandise other than bunk- er coal, bunker oil, sea stores, or ship’s stores: Provided, That the master, owner, or agent of such vessel shall report under oath to the ap- propriate customs officer the hour and date of arrival and departure and the quantity of bunker coal, bunker oil, sea stores, or ship’s stores taken on board. (6) Any vessel required to anchor at the Belle Isle Anchorage in the waters of the De- troit River in the State of Michigan, for the purposes of awaiting the availability of cargo or berthing space or for the purpose of taking on a pilot or awaiting pilot services, or at the direction of the Coast Guard, prior to pro- ceeding to the Port of Toledo, Ohio, where the vessel makes entry under section 1434 of this title or obtains clearance under section 60105 of title 46. (June 17, 1930, ch. 497, title IV, § 441, 46 Stat. 712; Aug. 5, 1935, ch. 438, title III, § 302, 49 Stat. 527; Aug. 14, 1937, ch. 620, § 1, 50 Stat. 638; Sept. 1, 1954, ch. 1213, title V, § 501(b), 68 Stat. 1140; Pub. L. 91–271, title III, § 301(b), June 2, 1970, 84 Stat. 287; Pub. L. 98–573, title II, § 204, Oct. 30, 1984, 98 Stat. 2974; Pub. L. 103–182, title VI, § 655, Dec. 8, 1993, 107 Stat. 2210; Pub. L. 104–295, § 21(e)(5), Oct. 11, 1996, 110 Stat. 3530; Pub. L. 106–36, title I, § 1001(b)(10), June 25, 1999, 113 Stat. 132; Pub. L. 106–476, title I, § 1452(b), Nov. 9, 2000, 114 Stat. 2168.) Editorial Notes CODIFICATION ‘‘Section 60105 of title 46’’ substituted in introductory provisions for ‘‘section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91)’’ and in par. (6) for ‘‘section 4197 of the Revised Statutes of the United States’’ on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 60105 of Title 46, Shipping. PRIOR PROVISIONS Provisions somewhat similar to those in par. (1) of this section were contained in R.S. § 2791. R.S. § 3123 provided that steam-tugs duly enrolled and licensed to engage in the foreign and coasting trade on the north- ern, northeastern, and northwestern frontiers of the United States, when exclusively employed in towing vessels, should not be required to report and clear at the custom-house but that when employed in towing rafts or other vessels without sale or steam motive- power, not required to be enrolled or licensed they should report and clear in the same manner as other vessels. Both sections were superseded and more closely assimilated to this section by act Sept. 21, 1922, ch. 356, title IV, § 441, 42 Stat. 952, and repealed by section 642 thereof. Section 441 of the 1922 act was superseded by section 441 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. AMENDMENTS 2000—Par (6). Pub. L. 106–476 added par. (6). 1999—Par. (6). Pub. L. 106–36 struck out par. (6) which read as follows: ‘‘Tugs documented under chapter 121 of title 46 with a Great Lakes endorsement when towing vessels which are required by law to enter and clear.’’ 1996—Pars. (1), (2), (4), (5). Pub. L. 104–295 substituted period for semicolon at end of pars. (1), (2), and (4) and substituted period for ‘‘; and’’ at end of par. (5). 1993—Pub. L. 103–182, § 655(1), (5), substituted catch- line for one which read ‘‘Vessels not required to enter’’ and amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: ‘‘The following vessels shall not be required to make entry at the customhouse:’’. Par. (3). Pub. L. 103–182, § 655(2), amended par. (3) gen- erally. Prior to amendment, par. (3) read as follows: ‘‘Vessels carrying passengers on excursion from the United States Virgin Islands to the British Virgin Is- lands and returning, and licensed yachts or undocu- mented American pleasure vessels not engaged in trade: Provided, That such vessels do not in any way violate the customs or navigation laws of the United States and have not visited any hovering vessel: Pro- vided further, That the master of any such vessel which has on board any article required by law to be entered shall be required to report such article to the appro- priate customs officer within twenty-four hours after arrival.’’ Pars. (4), (5). Pub. L. 103–182, § 655(3), added par. (4) and redesignated former par. (4) as (5). Former par. (5) redesignated (6). Par. (6). Pub. L. 103–182, § 655(3), (4), redesignated par. (5) as (6) and substituted ‘‘documented under chapter 121 of title 46 with a Great Lakes endorsement’’ for ‘‘enrolled and licensed to engage in the foreign and coasting trade in the northern, northeastern, and northwestern frontiers’’. 1984—Par. (3). Pub. L. 98–573 amended par. (3) gen- erally, inserting provision referring to vessels carrying Page 165 TITLE 19—CUSTOMS DUTIES § 1446 passengers on excursion from the United States Virgin Islands to the British Virgin Islands and returning. 1970—Pars. (2) to (4). Pub. L. 91–271 substituted ref- erences to appropriate customs officer for references to collector wherever appearing. 1954—Par. (3). Act Sept. 1, 1954, exempted undocu- mented American pleasure vessels from entry require- ments, and provided that both yachts and undocu- mented pleasure vessels report to the collector of cus- toms, within 24 hours after arrival, all articles, wheth- er dutiable or not, for which a customs entry is re- quired. 1937—Par. (4). Act Aug. 14, 1937, substituted ‘‘sea stores, or ship’s stores’’ for ‘‘or necessary sea stores’’ wherever appearing. 1935—Par. (3). Act. Aug. 5, 1935, inserted ‘‘And not vis- iting any hovering vessel, nor having at any time or, if forfeited to the United States or to a foreign govern- ment, at any time after forfeiture, become liable to sei- zure and forfeiture for any violation of the laws of the United States’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–476, except as otherwise provided, applicable with respect to goods entered, or withdrawn from warehouse, for consumption, on or after the 15th day after Nov. 9, 2000, see section 1471 of Pub. L. 106–476, set out as a note under section 58c of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–573 applicable with respect to vessels returning from the British Virgin Islands on or after 15th day after Oct. 30, 1984, see section 214(a), (c)(1) of Pub. L. 98–573, set out as a note under section 1304 of this title. EFFECTIVE DATE OF 1970 AMENDMENT For effective date of amendment by Pub. L. 91–271, see section 203 of Pub. L. 91–271, set out as a note under section 1500 of this title. EFFECTIVE DATE OF 1937 AMENDMENT Act Aug. 14, 1937, ch. 620, § 2, 50 Stat. 638, provided that: ‘‘The amendment made by this Act [amending this section] shall take effect on the day following the date of its enactment [Aug. 14, 1937].’’ 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. For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 1442. Residue cargo Any vessel having on board merchandise shown by the manifest to be destined to a for- eign port or place may, after the report and entry of such vessel under the provisions of this chapter, proceed to such foreign port of destina- tion with the cargo so destined therefor, without unlading the same and without the payment of duty thereon. Any vessel arriving from a foreign port or place having on board merchandise shown by the manifest to be destined to a port or ports in the United States other than the port of entry at which such vessel first arrived and made entry may proceed with such merchandise from port to port or from district to district for the unlading thereof. (June 17, 1930, ch. 497, title IV, § 442, 46 Stat. 713.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in R.S. §§ 2776 (as amended by act June 26, 1884, ch. 121, § 29, 23 Stat. 59), 2777–2779, 2782, and 2783, all of which were superseded by act Sept. 21, 1922, ch. 356, title IV, § 442, 42 Stat. 952, and were repealed by section 642 thereof. Section 442 of the 1922 act was superseded by section 442 of act June 17, 1930, comprising this sec- tion, and repealed by section 651(a)(1) of the 1930 act. Provisions authorizing the Secretary of the Treasury to require bonds in cases of vessels carrying goods des- tined for ports other than port of entry were contained in the 1922 act and prior acts. These provisions were omitted from this section. General provisions author- izing the Secretary to require bonds where not specifi- cally required are contained in section 1623 of this title. Special provisions concerning Astoria and Portland were contained in R.S. §§ 2588 and 2590, prior to repeal by section 642 of the act of Sept. 21, 1922, ch. 356. §§ 1443 to 1445. Repealed. Pub. L. 103–182, title VI, § 690(b)(6), Dec. 8, 1993, 107 Stat. 2223 Section 1443, acts June 17, 1930, ch. 497, title IV, § 443, 46 Stat. 713; June 2, 1970, Pub. L. 91–271, title III, § 301(b), 84 Stat. 287, related to manifests and permits for mer- chandise arriving for delivery in different districts or ports of entry. Section 1444, acts June 17, 1930, ch. 497, title IV, § 444, 46 Stat. 713; June 2, 1970, Pub. L. 91–271, title III, § 301(b), 84 Stat. 287, required master to report his arrival at an- other port to a customs officer within twenty-four hours and to produce copies of permit and manifest. Section 1445, acts June 17, 1930, ch. 497, title IV, § 445, 46 Stat. 713; June 2, 1970, Pub. L. 91–271, title III, § 301(b), 84 Stat. 287, set forth penalties for failure of master to obtain or produce permit or manifest. § 1446. Supplies and stores retained on board Vessels arriving in the United States from for- eign ports may retain on board, without the payment of duty, all coal and other fuel sup- plies, ships’ stores, sea stores, and the legiti- mate equipment of such vessels. Any such sup- plies, ships’ stores, sea stores, or equipment landed and delivered from such vessel shall be considered and treated as imported merchan- dise: Provided, That bunker coal, bunker oil, ships’ stores, sea stores, or the legitimate equip- ment of vessels belonging to regular lines plying between foreign ports and the United States, which are delayed in port for any cause, may be transferred under a permit by the appropriate customs officer and under customs supervision from the vessel so delayed to another vessel of the same line and owner, and engaged in the for- eign trade, without the payment of duty there- on.