19 U.S.C. § 1431a — Documentation of waterborne cargo

Page 157 TITLE 19—CUSTOMS DUTIES § 1431a 1 See References in Text note below. 2 So in original. Probably should be ‘‘1702(17)(B))))’’. that disclosure is likely to pose a threat of personal injury or property damage; or ‘‘(B) the information is exempt under the provisions of section 552(b)(1) of title 5.’’ 1996—Subsec. (c). Pub. L. 104–295 substituted ‘‘a vessel manifest’’ for ‘‘such manifest’’ in introductory provi- sions. Pub. L. 104–153 inserted ‘‘vessel or aircraft’’ before ‘‘manifest’’ in introductory provisions, amended sub- pars. (D) to (F) generally, substituting ‘‘vessel, aircraft, or carrier’’ for ‘‘vessel or carrier’’ in subpar. (D) and ‘‘seaport or airport’’ for ‘‘port’’ in subpars. (E) and (F), and added subpar. (H). 1993—Subsecs. (a) and (b). Pub. L. 103–182, § 635(1), amended subsecs. (a) and (b) generally, substituting present provisions for provisions relating to, in subsec. (a), the requirement, form, and contents of manifests and, in subsec. (b), the signing and delivery of mani- fests. Subsec. (d). Pub. L. 103–182, § 635(2), added subsec. (d). 1988—Subsec. (c)(1)(G). Pub. L. 100–690 substituted ‘‘country of origin’’ for ‘‘country or origin’’. 1984—Subsec. (a). Pub. L. 98–573, § 203(1), inserted ‘‘; and the names of the shippers of such merchandise’’ in par. Third. Subsec. (c). Pub. L. 98–573, § 203(2), added subsec. (c). 1953—Act Aug. 8, 1953, designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2024 AMENDMENT Pub. L. 118–39, § 2(b), Feb. 9, 2024, 138 Stat. 16, provided that: ‘‘The amendment made by subsection (a) [amend- ing this section] shall take effect on the date that is 30 days after the date of the enactment of this Act [Feb. 9, 2024].’’ EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–295 applicable as of Dec. 8, 1993, see section 3(b) of Pub. L. 104–295, set out as a note under section 1321 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–573 effective on 15th day after Oct. 30, 1984, see section 214(a), (b) of Pub. L. 98–573, set out as a note under section 1304 of this title. EFFECTIVE DATE OF 1953 AMENDMENT; SAVINGS PROVISION Amendment to this section effective on and after thirtieth day following Aug. 8, 1953, and savings provi- sion, see notes set out under section 1304 of this title. REGULATIONS Pub. L. 104–153, § 14, July 2, 1996, 110 Stat. 1390, pro- vided that: ‘‘Not later than 6 months after the date of the enactment of this Act [July 2, 1996], the Secretary of the Treasury shall prescribe such regulations or amendments to existing regulations that may be nec- essary to carry out the amendments made by sections 9, 10, 11, 12, and 13 of this Act [amending this section, sections 1484 and 1526 of this title, and section 80302 of Title 49, Transportation].’’ 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. § 1431a. Documentation of waterborne cargo (a) Applicability This section shall apply to all cargo to be ex- ported that is moved by a vessel carrier from a port in the United States. (b) Documentation required (1) No shipper of cargo subject to this section (including an ocean transportation intermediary that is a non-vessel-operating common carrier (as defined in section 3(17)(B) of the Shipping Act of 1984 (46 U.S.C. App. 1702(17)(B) 1) 2 may tender or cause to be tendered to a vessel carrier cargo subject to this section for loading on a vessel in a United States port, unless such cargo is properly documented pursuant to this sub- section. (2) For the purposes of this subsection, cargo shall be considered properly documented if the shipper submits to the vessel carrier or its agent a complete set of shipping documents no later than 24 hours after the cargo is delivered to the marine terminal operator, but under no cir- cumstances later than 24 hours prior to depar- ture of the vessel. (3) A complete set of shipping documents shall include— (A) for shipments for which a shipper’s ex- port declaration is required, a copy of the ex- port declaration or, if the shipper files such declarations electronically in the Automated Export System, the complete bill of lading, and the master or equivalent shipping instruc- tions, including the Internal Transaction Number (ITN); or (B) for shipments for which a shipper’s ex- port declaration is not required, a shipper’s export declaration exemption statement and such other documents or information as the Secretary may by regulation prescribe. (4) The Secretary shall by regulation prescribe the time, manner, and form by which shippers shall transmit documents or information re- quired under this subsection to the Customs Service. (c) Loading undocumented cargo prohibited (1) No marine terminal operator (as defined in section 3(14) of the Shipping Act of 1984 (46 U.S.C. App. 1702(14))) 1 may load, or cause to be loaded, any cargo subject to this section on a vessel unless instructed by the vessel carrier op- erating the vessel that such cargo has been prop- erly documented in accordance with this sec- tion. (2) When cargo is booked by 1 vessel carrier to be transported on the vessel of another vessel carrier, the booking carrier shall notify the op- erator of the vessel that the cargo has been properly documented in accordance with this section. The operator of the vessel may rely on such notification in releasing the cargo for load- ing aboard the vessel. Page 158 TITLE 19—CUSTOMS DUTIES § 1431a (d) Reporting of undocumented cargo (1) In general A vessel carrier shall notify the Customs Service of any cargo tendered to such carrier that is not properly documented pursuant to this section and that has remained in the ma- rine terminal for more than 48 hours after being delivered to the marine terminal, and the location of the cargo in the marine ter- minal. (2) Sharing arrangements For vessel carriers that are members of ves- sel sharing agreements (or any other arrange- ment whereby a carrier moves cargo on an- other carrier’s vessel), the vessel carrier ac- cepting the booking shall be responsible for re- porting undocumented cargo, without regard to whether it operates the vessel on which the transportation is to be made. (3) Reassignment to another vessel For purposes of this subsection and sub- section (f), if merchandise has been tendered to a marine terminal operator and subse- quently reassigned for carriage on another vessel, the merchandise shall be considered properly documented if the information pro- vided reflects carriage on the previously as- signed vessel and otherwise meets the require- ments of subsection (b). Notwithstanding the preceding sentence, it shall be the responsi- bility of the vessel carrier to notify the Cus- toms Service promptly of any reassignment of merchandise for carriage on a vessel other than the vessel on which the merchandise was originally assigned. (4) Multiple containers If a single shipment is comprised of multiple containers, the 48-hour period described in paragraph (1) shall begin to run from the time the last container of the shipment is delivered to the marine terminal operator. It shall be the responsibility of the person tendering the cargo to inform the carrier that the shipment consists of multiple containers that will be de- livered to the marine terminal operator at dif- ferent times as part of a single shipment. (e) Assessment of penalties Whoever is found to have violated subsection (b) of this section shall be liable to the United States for civil penalties in a monetary amount up to the value of the cargo, or the actual cost of the transportation, whichever is greater. (f) Seizure of undocumented cargo (1) Any cargo that is not properly documented pursuant to this section and has remained in the marine terminal for more than 48 hours after being delivered to the marine terminal operator shall be subject to search, seizure, and for- feiture. (2) The shipper of any such cargo is liable to the marine terminal operator and to the ocean carrier for demurrage and other applicable charges for any undocumented cargo which has been notified to or searched or seized by the Customs Service for the entire period the cargo remains under the order and direction of the Customs Service. Unless the cargo is seized by the Customs Service and forfeited, the marine terminal operator and the ocean carrier shall have a lien on the cargo for the amount of the demurrage and other charges. (g) Effect on other provisions Nothing in this section shall be construed, in- terpreted, or applied to relieve or excuse any party from compliance with any obligation or requirement arising under any other law, regu- lation, or order with regard to the documenta- tion or carriage of cargo. (June 17, 1930, ch. 497, title IV, § 431A, as added Pub. L. 107–210, div. A, title III, § 343(b), Aug. 6, 2002, 116 Stat. 983; amended Pub. L. 107–295, title I, § 108(a), Nov. 25, 2002, 116 Stat. 2088.) Editorial Notes REFERENCES IN TEXT Section 3(17)(B) of the Shipping Act of 1984 (46 U.S.C. App. 1702(17)(B)), referred to in subsec. (b)(1), is section 3(17)(B) of Pub. L. 98–237, which was classified to sec- tion 1702(17)(B) of the former Appendix to Title 46, Shipping, prior to repeal and restatement as section 40102(16) of Title 46 by Pub. L. 109–304, §§ 7, 19, Oct. 6, 2006, 120 Stat. 1523, 1710. Par. (16) of section 40102 was re- designated par. (17) by Pub. L. 115–282, title VII, § 704(1), Dec. 4, 2018, 132 Stat. 4294. Section 3(14) of the Shipping Act of 1984 (46 U.S.C. App. 1702(14)), referred to in subsec. (c)(1), is section 3(14) of Pub. L. 98–237, which was classified to section 1702(14) of the former Appendix to Title 46, Shipping, prior to repeal and restatement as section 40102(14) of Title 46 by Pub. L. 109–304, §§ 7, 19, Oct. 6, 2006, 120 Stat. 1523, 1710. Par. (14) of section 40102 was redesignated par. (15) by Pub. L. 115–282, title VII, § 704(1), Dec. 4, 2018, 132 Stat. 4294. AMENDMENTS 2002—Subsec. (d). Pub. L. 107–295 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: ‘‘A vessel carrier shall notify the Customs Service of any cargo tendered to such carrier that is not properly documented pursuant to this sec- tion and that has remained in the marine terminal for more than 48 hours after being delivered to the marine terminal, and the location of the cargo in the marine terminal. For vessel carriers that are members of ves- sel sharing agreements (or any other arrangement whereby a carrier moves cargo on another carrier’s ves- sel), the vessel carrier accepting the booking shall be responsible for reporting undocumented cargo, without regard to whether it operates the vessel on which the transportation is to be made.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to petitions for certification filed under part 2 or 3 of subchapter II of chapter 12 of this title on or after the date that is 90 days after Aug. 6, 2002, except as otherwise provided, see section 151 of Pub. L. 107–210, set out as an Effective Date of 2002 Amendment note preceding section 2271 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 Page 159 TITLE 19—CUSTOMS DUTIES § 1433 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. §§ 1432, 1432a. Repealed. Pub. L. 103–182, title VI, § 690(b)(1), (c)(5), Dec. 8, 1993, 107 Stat. 2223 Section 1432, acts June 17, 1930, ch. 497, title IV, § 432, 46 Stat. 710; June 2, 1970, Pub. L. 91–271, title III, § 301(b), 84 Stat. 287, required that the manifest of any vessel ar- riving from foreign port or place separately specify ar- ticles to be retained on board as sea stores, ship’s stores, bunker coal, or bunker oil and provided for for- feiture and penalties for omitted articles. Section 1432a, act June 17, 1930, ch. 497, title IV, § 401 (part), as added Aug. 5, 1935, ch. 438, title II, § 201, 49 Stat. 521, provided that any vessel which had visited any hovering vessel would be deemed to have arrived from a foreign port or place, for purposes of certain provisions of law. Section 690(c)(5) of Pub. L. 103–182 which directed the repeal of the ‘‘last undesignated paragraph of section 201 of the Act of August 5, 1935 (19 U.S.C. 1432a)’’, was executed by repealing this section, which was based on the last undesignated paragraph of section 401 of act June 17, 1930, as added by section 201 of act Aug. 5, 1935, to reflect the probable intent of Con- gress. § 1433. Report of arrival of vessels, vehicles, and aircraft (a) Vessel arrival (1) Immediately upon the arrival at any port or place within the United States or the Virgin Islands of— (A) any vessel from a foreign port or place; (B) any foreign vessel from a domestic port; (C) any vessel of the United States carrying foreign merchandise for which entry has not been made; or (D) any vessel which has visited a hovering vessel or received merchandise while outside the territorial sea; the master of the vessel shall report the arrival at the nearest customs facility or such other place as the Secretary may prescribe by regula- tions. (2) The Secretary may by regulation— (A) prescribe the manner in which arrivals are to be reported under paragraph (1); and (B) extend the time in which reports of ar- rival must be made, but not later than 24 hours after arrival. (b) Vehicle arrival (1) Vehicles may arrive in the United States only at border crossing points designated by the Secretary. (2) Except as otherwise authorized by the Sec- retary, immediately upon the arrival of any ve- hicle in the United States at a border crossing point, the person in charge of the vehicle shall— (A) report the arrival; and (B) present the vehicle, and all persons and merchandise (including baggage) on board, for inspection; to the customs officer at the customs facility designated for that crossing point. (c) Aircraft arrival The pilot of any aircraft arriving in the United States or the Virgin Islands from any foreign airport or place shall comply with such advance notification, arrival reporting, and landing requirements as the Secretary may by regulation prescribe. (d) Presentation of documentation The master, person in charge of a vehicle, or aircraft pilot shall present, or transmit pursu- ant to an electronic data interchange system, to the Customs Service such information, data, documents, papers, or manifests as the Sec- retary may by regulation prescribe. (e) Prohibition on departures and discharge Unless otherwise authorized by law, a vessel, aircraft or vehicle after arriving in the United States or Virgin Islands may, but only in ac- cordance with regulations prescribed by the Sec- retary— (1) depart from the port, place, or airport of arrival; or (2) discharge any passenger or merchandise (including baggage). (June 17, 1930, ch. 497, title IV, § 433, 46 Stat. 711; Pub. L. 99–570, title III, § 3112, Oct. 27, 1986, 100 Stat. 3207–80; Pub. L. 103–182, title VI, § 652, Dec. 8, 1993, 107 Stat. 2209; Pub. L. 106–476, title I, § 1452(a)(1), Nov. 9, 2000, 114 Stat. 2167.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 21, 1922, ch. 356, title IV, § 433, 42 Stat. 951. That section was superseded by section 433 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. R.S. § 2774, requiring a report of arrival, and a further report in the form of a manifest, and imposing a pen- alty for violations was superseded by act Sept. 21, 1922, ch. 356, title IV, § 433, 42 Stat. 951, and repealed by sec- tion 642 of that act. R.S. § 2772, relative to report and entry by the master of every vessel, bound to a port of delivery; section 2775, requiring a special report by the master of any vessel having on board distilled spirits or wines; and section 2832, relative to report of arrival of vessels pro- ceeding to the ports of Natchez or Vicksburg, were also repealed by section 642 of the act of Sept. 21, 1922, ch. 356. AMENDMENTS 2000—Subsec. (a)(1)(C). Pub. L. 106–476 struck out ‘‘bonded merchandise, or’’ before ‘‘foreign merchan- dise’’. 1993—Subsec. (a)(1)(D). Pub. L. 103–182, § 652(1), added subpar. (D). Subsec. (d). Pub. L. 103–182, § 652(2), substituted ‘‘present, or transmit pursuant to an electronic data interchange system, to the Customs Service such infor- mation, data,’’ for ‘‘present to customs officers such’’. Subsec. (e). Pub. L. 103–182, § 652(3), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: ‘‘Unless otherwise authorized by law, a vessel, aircraft, or vehicle may, after arriving in the United States or the Virgin Islands— ‘‘(1) depart from the port, place, or airport of ar- rival; or ‘‘(2) discharge any passenger or merchandise (in- cluding baggage); only in accordance with regulations prescribed by the Secretary.’’ 1986—Pub. L. 99–570 amended section generally. Prior to amendment, section read as follows: ‘‘Within twen- ty-four hours after the arrival of any vessel from a for- eign port or place, or of a foreign vessel from a domes-