§ 1448. Unlading

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. 1930

   Pub. L. 71–497 · 46 Stat. 590

   Enacted · 19 U.S.C. § 1448

   June 17, 1930, ch. 497, title IV, § 448, 46 Stat. 714

   Source evidence

   Code source credit
   June 17, 1930, ch. 497, title IV, § 448, 46 Stat. 714

2. 1970

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

   Substituted · 19 U.S.C. § 1448(a)

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

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 91–271 substituted references to appropriate customs officer or such customs officer for references to collector wherever appearing.

   Enacted provision · exact public law section
   (e) Sections 448, 493, and 608 (19 U.S.C. 1448, 1493, and 1608) are amended by striking the term “the collector” where it first appears in each section and inserting in lieu thereof “the appropriate customs officer” and by striking the term “the collector” wherever it thereafter appeal’s in each section mid inserting in lieu thereof “such customs officer”.

   Effective date note
   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.

3. 1993

   North American Free Trade Agreement Implementation Act

   Pub. L. 103–182 title VI § 656 · 107 Stat. 2057

   1. Substituted · 19 U.S.C. § 1448

      Pub. L. 103–182 in first sentence, substituted “enter or clear)” for “enter)”

   2. Substituted · 19 U.S.C. § 1448

      Pub. L. 103–182 in first sentence, substituted “required to make entry under section 1434 of this title, or vehicle required to report arrival under section 1433 of this title,” for “or vehicle arriving from a foreign port or place”

   3. Inserted · 19 U.S.C. § 1448

      Pub. L. 103–182 in first sentence, inserted “or transmitted pursuant to an electronic data interchange system” after “issued”

   4. Substituted · 19 U.S.C. § 1448

      Pub. L. 103–182 in first sentence, substituted “the Customs Service.” for “the appropriate customs officer: Provided, That the master may make a preliminary entry of a vessel by making oath or affirmation to the truth of the statements contained in the vessel’s manifest and delivering the manifest to the customs officer who boards such vessel, but the making of such preliminary entry shall not excuse the master from making formal entry of his vessel at the customhouse, as provided by this chapter.”, in second sentence

   5. Struck · 19 U.S.C. § 1448

      Pub. L. 103–182 in first sentence, struck out “, preliminary or otherwise,” after “After the entry”

   6. Substituted · 19 U.S.C. § 1448

      Pub. L. 103–182 in first sentence, substituted “the Customs Service” for “such customs officer”

   7. Inserted · 19 U.S.C. § 1448

      Pub. L. 103–182 in first sentence, inserted “, electronically pursuant to an authorized electronic data interchange system or otherwise,” after “may issue a permit”

   8. Substituted · 19 U.S.C. § 1448

      Pub. L. 103–182 in first sentence, substituted last four sentences for former last sentence which read as follows: “Any merchandise or baggage so unladen from any vessel or vehicle for which entry is not made within forty-eight hours exclusive of Sunday and holidays from the time of the entry of the vessel or report of the vehicle, unless a longer time is granted by such customs officer, as provided in section 1484 of this title, shall be sent to a bonded warehouse or the public stores and held as unclaimed at the risk and expense of the consignee in the case of merchandise and of the owner in the case of baggage, until entry thereof is made.”

   Source evidence

   Code amendment note
   Pub. L. 103–182 in first sentence, substituted “enter or clear)” for “enter)” and “required to make entry under section 1434 of this title, or vehicle required to report arrival under section 1433 of this title,” for “or vehicle arriving from a foreign port or place”, inserted “or transmitted pursuant to an electronic data interchange system” after “issued”, and substituted “the Customs Service.” for “the appropriate customs officer: Provided, That the master may make a preliminary entry of a vessel by making oath or affirmation to the truth of the statements contained in the vessel’s manifest and delivering the manifest to the customs officer who boards such vessel, but the making of such preliminary entry shall not excuse the master from making formal entry of his vessel at the customhouse, as provided by this chapter.”, in second sentence, struck out “, preliminary or otherwise,” after “After the entry”, substituted “the Customs Service” for “such customs officer”, and inserted “, electronically pursuant to an authorized electronic data interchange system or otherwise,” after “may issue a permit”, and substituted last four sentences for former last sentence which read as follows: “Any merchandise or baggage so unladen from any vessel or vehicle for which entry is not made within forty-eight hours exclusive of Sunday and holidays from the time of the entry of the vessel or report of the vehicle, unless a longer time is granted by such customs officer, as provided in section 1484 of this title, shall be sent to a bonded warehouse or the public stores and held as unclaimed at the risk and expense of the consignee in the case of merchandise and of the owner in the case of baggage, until entry thereof is made.”

   Enacted provision · exact public law section
   SEC. 656. UNLADING. Section 448(a) (19 U.S.C. 1448(a)) is amended— (1) by amending the first sentence— (A) by striking out “enter)” and inserting “enter or clear)”, (B) by striking out “or vehicle arriving from a foreign port or place” and inserting “required to make entry under section 434, or vehicle required to report arrival under section 433,”, (C) by inserting “or transmitted pursuant to an electronic data interchange system” after “issued”, and (D) by striking out the colon after “officer” and the proviso and inserting a period; (2) by amending the second sentence— (A) by striking out “, preliminary or otherwise,”, and (B) by inserting “, electronically pursuant to an authorized electronic data interchange system or otherwise,” after “may issue a permit”; (3) by striking out the last sentence and inserting the following: “The owner or master of any vessel or vehicle, or agent thereof, shall notify the Customs Service of any merchan-dise or baggage so unladen for which entry is not made within Regulations. the time prescribed by law or regulation. The Secretary shall by regulation prescribe administrative penalties not to exceed $1,000 for each bill of lading for which notice is not given. Any such administrative penalty shall be subject to mitigation and remittance under section 618. Such unentered merchandise or baggage shall be the responsibility of the master or person in charge of the importing vessel or vehicle, or agent thereof, until it is removed from the carrier’s control in accordance with section 490.”; and (4) by striking out “the appropriate customs officer” and “such customs officer” wherever they appear and inserting “the Customs Service”.

9 of 10 references resolved to an enrolled provision · 1 partial