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Title 19 — Customs Duties

Part II · Chapter 4 — Tariff Act of 1930

§ 1434. Entry; vessels

Statutory text

(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 merchandise while outside the territorial sea;

the master of the vessel shall, unless otherwise provided by law, make formal entry at the nearest 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 regulations 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 arrival, but in no case more than 48 hours after arrival, and

(B)

formal entry may be made before arrival; 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 prescribed.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 71–497 · 46 Stat. 590

    Enacted · 19 U.S.C. § 1434

    June 17, 1930, ch. 497, title IV, § 434, 46 Stat. 711

    Source evidence

    Code source credit
    June 17, 1930, ch. 497, title IV, § 434, 46 Stat. 711

  2. Pub. L. 91–271 title III § 301(b) · 84 Stat. 273

    Substituted · 19 U.S.C. § 1434

    Pub. L. 91–271 substituted reference to appropriate customs officer for reference to collector

    Source evidence

    Code amendment note
    Pub. L. 91–271 substituted reference to appropriate customs officer for reference to collector.

    Enacted provision · exact public law section
    (b) Sections 311, 315, 432, 434. 438, 441, 443–447. 449–450, 452–455, 457, 485, 490, 492, 496, 521. 555, 562, 584, 586, 609, 613, and 614 (19 U.S.U 1311, 1315, 1432, 1434, 1438, 1441, 1443–1447, 1449–1450, 1452–1455, 1457, 1485, 1490, 1492, 1496, 1521, 1555, 1562, 1584, 1586, 1609, 1613, and 1614) are amended by striking the word “collector” wherever 67 Stat. 508; 49 Stat. 524. it appears in the sections and inserting hr lieu thereof “appropriate customs officer”.

  3. North American Free Trade Agreement Implementation Act

    Pub. L. 103–182 title VI § 653 · 107 Stat. 2057

    Amended · 19 U.S.C. § 1434

    Pub. L. 103–182 amended section generally. Prior to amendment, section read as follows: “Except as otherwise provided by law, and under such regulations as the Commissioner of Customs may prescribe, the master 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 depositing 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.”

    Source evidence

    Code amendment note
    Pub. L. 103–182 amended section generally. Prior to amendment, section read as follows: “Except as otherwise provided by law, and under such regulations as the Commissioner of Customs may prescribe, the master 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 depositing 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.”

    Enacted provision · exact public law section
    SEC. 653. ENTRY OF VESSELS. Section 434 (19 U.S.C. 1434) is amended to read as follows: “SEC. 434. 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 bonded merchandise or foreign merchandise for which entry has not been made; or “(4) any vessel which has visited a hovering vessel or has delivered or received merchandise while outside the territorial sea; the master of the vessel shall, unless otherwise provided by law, make formal entry at the nearest 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 regulations 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 arrival, but in no case more than 48 hours after arrival, and “(B) formal entry may be made before arrival; 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 prescribed.”.

  4. Pub. L. 106–476 title I § 1452(a)(2) · 114 Stat. 2101

    Struck · 19 U.S.C. § 1434(a)(3)

    Pub. L. 106–476 struck out “bonded merchandise or” before “foreign merchandise”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 106–476 struck out “bonded merchandise or” before “foreign merchandise”.

    Effective date note
    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.

2 of 4 references resolved to an enrolled provision · 2 partial

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in act Sept. 21, 1922, ch. 356, title IV, § 434, 42 Stat. 951. That section was superseded by section 434 of act , 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 contained 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 (abolished 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 contained 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 steamships running in an established line in foreign trade, made by act June 5, 1894, ch. 92, § 1, 28 Stat. 85, and extended 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 lading 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.

Amendments1935–2000 · 4 rounds

2000

Subsec. (a)(3). Pub. L. 106–476 struck out “bonded merchandise or” before “foreign merchandise”.

1993

Pub. L. 103–182 amended section generally. Prior to amendment, section read as follows: “Except as otherwise provided by law, and under such regulations as the Commissioner of Customs may prescribe, the master 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 depositing 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.”

1970

Pub. L. 91–271 substituted reference to appropriate customs officer for reference to collector.

1935

Act , inserted “or document in lieu thereof” after “indicated in the register”.

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 , see section 1471 of Pub. L. 106–476, set out as a note under section 58c 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.

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related 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 , 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 Security, treated as if included in Pub. L. 107–296 as of , see section 211 of Title 6, as amended generally 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.

Credits

1930–2000 · 5 acts
  1. 1930June 17, 1930, ch. 497, title IV, § 434, 46 Stat. 711
  2. 1935Aug. 5, 1935, ch. 438, title III. § 301, 49 Stat. 527
  3. 1970Pub. L. 91–271, title III, § 301(b), , 84 Stat. 287
  4. 1993Pub. L. 103–182, title VI, § 653, , 107 Stat. 2210
  5. 2000Pub. L. 106–476, title I, § 1452(a)(2), , 114 Stat. 2167.
Show as published

(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), , 84 Stat. 287; Pub. L. 103–182, title VI, § 653, , 107 Stat. 2210; Pub. L. 106–476, title I, § 1452(a)(2), , 114 Stat. 2167.)

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