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Title 19 — Customs Duties

Part II · Chapter 4 — Tariff Act of 1930

§ 1441. Exceptions to vessel entry and clearance requirements

Statutory text

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 employed for the conveyance of letters and dispatches and not permitted by the laws of the nations to which they belong to be employed in the transportation of passengers or merchandise 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 exclusively 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 excursion 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 entered, reports the article to the Customs Service immediately upon arrival.

(4)

Any United States documented vessel with recreational endorsement or any undocumented United States pleasure vessel not engaged 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 person has on board any article required by law to be entered or declared, reports such article to the Customs Service immediately upon arrival.

(5)

Vessels arriving in distress or for the purpose 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 passengers, or any merchandise other than bunker 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 appropriate 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 Detroit 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 proceeding 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.

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. § 1441

    June 17, 1930, ch. 497, title IV, § 441, 46 Stat. 712

    Source evidence

    Code source credit
    June 17, 1930, ch. 497, title IV, § 441, 46 Stat. 712

  2. Public Law not identified

    Inserted · 19 U.S.C. § 1441(3)

    Par. (3). Act. Aug. 5, 1935, inserted “And not visiting any hovering vessel, nor having at any time or, if forfeited to the United States or to a foreign government, at any time after forfeiture, become liable to seizure and forfeiture for any violation of the laws of the United States”

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Par. (3). Act. Aug. 5, 1935, inserted “And not visiting any hovering vessel, nor having at any time or, if forfeited to the United States or to a foreign government, at any time after forfeiture, become liable to seizure and forfeiture for any violation of the laws of the United States”.

  3. Public Law not identified

    Substituted · 19 U.S.C. § 1441(4)

    Par. (4). Act Aug. 14, 1937, substituted “sea stores, or ship’s stores” for “or necessary sea stores” wherever appearing

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Par. (4). Act Aug. 14, 1937, substituted “sea stores, or ship’s stores” for “or necessary sea stores” wherever appearing.

  4. Public Law not identified

    Changed · 19 U.S.C. § 1441(3)

    Par. (3). Act Sept. 1, 1954, exempted undocumented American pleasure vessels from entry requirements, and provided that both yachts and undocumented pleasure vessels report to the collector of customs, within 24 hours after arrival, all articles, whether dutiable or not, for which a customs entry is required

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Par. (3). Act Sept. 1, 1954, exempted undocumented American pleasure vessels from entry requirements, and provided that both yachts and undocumented pleasure vessels report to the collector of customs, within 24 hours after arrival, all articles, whether dutiable or not, for which a customs entry is required.

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

    Substituted · 19 U.S.C. § 1441(2)(4)

    Pub. L. 91–271 substituted references to appropriate customs officer for references to collector wherever appearing

    Source evidence

    Code amendment note
    Pars. (2) to (4). Pub. L. 91–271 substituted references to appropriate customs officer for references to collector wherever appearing.

    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”.

  6. Trade and Tariff Act of 1984

    Pub. L. 98–573 title II § 204 · 98 Stat. 2948

    1. Amended · 19 U.S.C. § 1441(3)

      Pub. L. 98–573 amended par. (3) generally

    2. Inserted · 19 U.S.C. § 1441(3)

      Pub. L. 98–573 inserting provision referring to vessels carrying passengers on excursion from the United States Virgin Islands to the British Virgin Islands and returning

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 98–573 amended par. (3) generally, inserting provision referring to vessels carrying passengers on excursion from the United States Virgin Islands to the British Virgin Islands and returning.

    Enacted provision · exact public law section
    SEC. 204. VIRGIN ISLANDS EXCURSION VESSELS. Section 441(3) (19 U.S.C. 1441(3)) is amended to read as follows: “(3) Vessels carrying passengers on excursion from the United States Virgin Islands to the British Virgin Islands and returning, and licensed yachts or undocumented 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: Provided 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 appropriate customs officer within twenty-four hours after arrival.”.

  7. North American Free Trade Agreement Implementation Act

    Pub. L. 103–182 § 655(1) · 107 Stat. 2057

    1. Substituted · 19 U.S.C. § 1441

      Pub. L. 103–182, § 655(1), (5), substituted catchline for one which read “Vessels not required to enter”

    2. Amended · 19 U.S.C. § 1441

      Pub. L. 103–182, § 655(1), (5), 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:”

    Source evidence

    Code amendment note
    Pub. L. 103–182, § 655(1), (5), substituted catchline 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:”.

    Enacted provision · exact public law section
    (1) by amending the text preceding paragraph (1) to read as follows: “The following vessels shall not be required to make entry under section 434 or to obtain clearance under section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91):”;

  8. North American Free Trade Agreement Implementation Act

    Pub. L. 103–182 § 655(2) · 107 Stat. 2057

    Amended · 19 U.S.C. § 1441(3)

    Pub. L. 103–182, § 655(2), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Vessels carrying passengers on excursion from the United States Virgin Islands to the British Virgin Islands and returning, and licensed yachts or undocumented 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: Provided 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 appropriate customs officer within twenty-four hours after arrival.”

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 103–182, § 655(2), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Vessels carrying passengers on excursion from the United States Virgin Islands to the British Virgin Islands and returning, and licensed yachts or undocumented 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: Provided 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 appropriate customs officer within twenty-four hours after arrival.”

    Enacted provision · exact public law section
    (2) by amending paragraph (3) to read as follows: “(3) Any vessel carrying passengers on excursion 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 entered, reports the article to the Customs Service immediately upon arrival.”;

  9. North American Free Trade Agreement Implementation Act

    Pub. L. 103–182 § 655(3) · 107 Stat. 2057

    1. Added · 19 U.S.C. § 1441(4); 19 U.S.C. § 1441(5)

      Pub. L. 103–182, § 655(3), added par. (4)

    2. Redesignated · 19 U.S.C. § 1441(4); 19 U.S.C. § 1441(5)

      Pub. L. 103–182, § 655(3), redesignated former par. (4) as (5). Former par. (5) redesignated (6)

    Source evidence

    Code amendment note
    Pars. (4), (5). Pub. L. 103–182, § 655(3), added par. (4) and redesignated former par. (4) as (5). Former par. (5) redesignated (6).

    Enacted provision · exact public law section
    (3) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively, and inserting after paragraph (3) the following: “(4) Any United States documented vessel with recreational endorsement or any undocumented United States pleasure vessel not engaged in trade, if— “(A) the vessel complies with the reporting requirements of section 433, 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 person has on board any article required by law to be entered or declared, reports such article to the Customs Service immediately upon arrival;”;

  10. North American Free Trade Agreement Implementation Act

    Pub. L. 103–182 § 655(3) · 107 Stat. 2057

    1. Redesignated · 19 U.S.C. § 1441(6)

      Pub. L. 103–182, § 655(3), (4), redesignated par. (5) as (6)

    2. Substituted · 19 U.S.C. § 1441(6)

      Pub. L. 103–182, § 655(3), (4), 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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (3) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively, and inserting after paragraph (3) the following: “(4) Any United States documented vessel with recreational endorsement or any undocumented United States pleasure vessel not engaged in trade, if— “(A) the vessel complies with the reporting requirements of section 433, 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 person has on board any article required by law to be entered or declared, reports such article to the Customs Service immediately upon arrival;”;

  11. Miscellaneous Trade and Technical Corrections Act of 1996

    Pub. L. 104–295 § 21(e)(5) · 110 Stat. 3514

    1. Substituted · 19 U.S.C. § 1441(1); 19 U.S.C. § 1441(2); 19 U.S.C. § 1441(4); 19 U.S.C. § 1441(5)

      Pub. L. 104–295 substituted period for semicolon at end of pars. (1), (2), and (4)

    2. Substituted · 19 U.S.C. § 1441(1); 19 U.S.C. § 1441(2); 19 U.S.C. § 1441(4); 19 U.S.C. § 1441(5)

      Pub. L. 104–295 substituted period for “; and” at end of par. (5)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (5) Section 441 of the Tariff Act of 1930 (19 U.S.C. 1441) is amended— (A) in each of paragraphs (1), (2), and (4) by striking the semicolon at the end and inserting a period; and (B) in paragraph (5) by striking “; and” and inserting a period.

  12. Miscellaneous Trade and Technical Corrections Act of 1999

    Pub. L. 106–36 title I § 1001(b)(10) · 113 Stat. 127

    Struck · 19 U.S.C. § 1441(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (10) Section 441 of the Tariff Act of 1930 (19 U.S.C. 1441) is amended by striking paragraph (6).

  13. Pub. L. 106–476 title I § 1452(b) · 114 Stat. 2101

    Added · 19 U.S.C. § 1441

    Pub. L. 106–476 added par. (6)

    Source evidence

    Code amendment note
    Par (6). Pub. L. 106–476 added par. (6).

    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.

13 of 18 references resolved to an enrolled provision · 2 partial · 3 unresolved

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), , 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 northern, 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 , comprising this section, and repealed by section 651(a)(1) of the 1930 act.

Amendments1935–2000 · 9 rounds

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 catchline 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) generally. Prior to amendment, par. (3) read as follows: “Vessels carrying passengers on excursion from the United States Virgin Islands to the British Virgin Islands and returning, and licensed yachts or undocumented 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: Provided 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 appropriate 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) generally, inserting provision referring to vessels carrying 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 references to appropriate customs officer for references to collector wherever appearing.

1954

Par. (3). Act , exempted undocumented American pleasure vessels from entry requirements, and provided that both yachts and undocumented pleasure vessels report to the collector of customs, within 24 hours after arrival, all articles, whether dutiable or not, for which a customs entry is required.

1937

Par. (4). Act , substituted “sea stores, or ship’s stores” for “or necessary sea stores” wherever appearing.

1935

Par. (3). Act. , inserted “And not visiting any hovering vessel, nor having at any time or, if forfeited to the United States or to a foreign government, at any time after forfeiture, become liable to seizure 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 , 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 , 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 [].”

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.

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating 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 Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.

Credits

1930–2000 · 10 acts
  1. 1930June 17, 1930, ch. 497, title IV, § 441, 46 Stat. 712
  2. 1935Aug. 5, 1935, ch. 438, title III, § 302, 49 Stat. 527
  3. 1937Aug. 14, 1937, ch. 620, § 1, 50 Stat. 638
  4. 1954Sept. 1, 1954, ch. 1213, title V, § 501(b), 68 Stat. 1140
  5. 1970Pub. L. 91–271, title III, § 301(b), , 84 Stat. 287
  6. 1984Pub. L. 98–573, title II, § 204, , 98 Stat. 2974
  7. 1993Pub. L. 103–182, title VI, § 655, , 107 Stat. 2210
  8. 1996Pub. L. 104–295, § 21(e)(5), , 110 Stat. 3530
  9. 1999Pub. L. 106–36, title I, § 1001(b)(10), , 113 Stat. 132
  10. 2000Pub. L. 106–476, title I, § 1452(b), , 114 Stat. 2168.
Show as published

(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), , 84 Stat. 287; Pub. L. 98–573, title II, § 204, , 98 Stat. 2974; Pub. L. 103–182, title VI, § 655, , 107 Stat. 2210; Pub. L. 104–295, § 21(e)(5), , 110 Stat. 3530; Pub. L. 106–36, title I, § 1001(b)(10), , 113 Stat. 132; Pub. L. 106–476, title I, § 1452(b), , 114 Stat. 2168.)

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