19 U.S.C. § 1433 — Report of arrival of vessels, vehicles, and

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 Repealed.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- Page 160 TITLE 19—CUSTOMS DUTIES § 1434 tic port, or of a vessel of the United States carrying bonded merchandise, or foreign merchandise for which entry has not been made, at any port or place within the United States at which such vessel shall come to, the master shall, unless otherwise provided by law, re- port the arrival of the vessel at the nearest custom- house, under such regulations as the Commissioner of Customs may prescribe.’’ 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. 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. § 1434. Entry; vessels (a) Formal entry Within 24 hours (or such other period of time as may be provided under subsection (c)(2)) after the arrival at any port or place in the United States of— (1) any vessel from a foreign port or place; (2) any foreign vessel from a domestic port; (3) any vessel of the United States having on board foreign merchandise for which entry has not been made; or (4) any vessel which has visited a hovering vessel or has delivered or received merchan- dise while outside the territorial sea; the master of the vessel shall, unless otherwise provided by law, make formal entry at the near- est customs facility or such other place as the Secretary may prescribe by regulation. (b) Preliminary entry The Secretary may by regulation permit the master to make preliminary entry of the vessel with the Customs Service in lieu of formal entry or before formal entry is made. In permitting preliminary entry, the Customs Service shall board a sufficient number of vessels to ensure compliance with the laws it enforces. (c) Regulations The Secretary may by regulation— (1) prescribe the manner and format in which entry under subsection (a) or subsection (b), or both, must be made, and such regula- tions may provide that any such entry may be made electronically pursuant to an electronic data interchange system; (2) provide that— (A) formal entry must be made within a greater or lesser time than 24 hours after ar- rival, but in no case more than 48 hours after arrival, and (B) formal entry may be made before ar- rival; and (3) authorize the Customs Service to permit entry or preliminary entry of any vessel to be made at a place other than a designated port of entry, under such conditions as may be pre- scribed. (June 17, 1930, ch. 497, title IV, § 434, 46 Stat. 711; Aug. 5, 1935, ch. 438, title III. § 301, 49 Stat. 527; Pub. L. 91–271, title III, § 301(b), June 2, 1970, 84 Stat. 287; Pub. L. 103–182, title VI, § 653, Dec. 8, 1993, 107 Stat. 2210; Pub. L. 106–476, title I, § 1452(a)(2), 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, § 434, 42 Stat. 951. That section was superseded by section 434 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. Provisions for deposit of the register and other papers previous to entry, and for their return to the master or owner of the vessel on clearance of the vessel, were con- tained in R.S. § 2790, which was superseded by act Sept. 21, 1922, ch. 356, title IV, § 434, 42 Stat. 951, and repealed by section 642 of that act. R.S. § 2836, relative to the entry of vessels arriving within the districts of Petersburg or Richmond (abol- ished by the Plan of Reorganization of the Customs Service set forth in a note to section 1 of this title) was also repealed by section 642 of act Sept. 21, 1922, ch. 356. Special provisions for Astoria and Portland were con- tained in R.S. §§ 2588–2590, which were also repealed by section 642 of the act of Sept. 21, 1922, ch. 356. R.S. § 2835, prescribing the duties of masters of vessels bound up James River, Virginia, in regard to deposit of manifests, etc., was repealed by act Mar. 3, 1897, ch. 389, § 16, 29 Stat. 691. Special provisions to facilitate the entry of steam- ships running in an established line in foreign trade, made by act June 5, 1894, ch. 92, § 1, 28 Stat. 85, and ex- tended to steamships trading between Porto Rico and Hawaii and the United States by act May 31, 1900, ch. 600, 31 Stat. 249, were repealed by section 6 of act Feb. 13, 1911, ch. 46, the preceding sections of which act made more comprehensive provisions for preliminary entry of any vessel from a foreign port, and for the lad- ing or unlading of such vessels at night. Sections 1 to 4 of said act of 1911, were repealed by section 643 of the act of Sept. 21, 1922, ch. 356. AMENDMENTS 2000—Subsec. (a)(3). Pub. L. 106–476 struck out ‘‘bond- ed merchandise or’’ before ‘‘foreign merchandise’’. 1993—Pub. L. 103–182 amended section generally. Prior to amendment, section read as follows: ‘‘Except as oth- erwise provided by law, and under such regulations as the Commissioner of Customs may prescribe, the mas- ter of a vessel of the United States arriving in the United States from a foreign port or place shall, within forty-eight hours after its arrival within the limits of any customs collection district, make formal entry of the vessel at the customhouse by producing and depos- iting with the appropriate customs officer the vessel’s crew list, its register, or document in lieu thereof, the clearance and bills of health issued to the vessel at the foreign port or ports from which it arrived, together with the original and one copy of the manifest, and shall make oath that the ownership of the vessel is as indicated in the register, or document in lieu thereof, and that the manifest was made out in accordance with section 1431 of this title.’’