§ 1491. Unclaimed merchandise; disposition of forfeited distilled spirits, wines and malt liquor

Footnotes

1. 1 So in original. The word “in” probably should not appear.

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. § 1491

   June 17, 1930, ch. 497, title IV, § 491, 46 Stat. 726

   Source evidence

   Code source credit
   June 17, 1930, ch. 497, title IV, § 491, 46 Stat. 726

2. 1970

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

   1. Substituted · 19 U.S.C. § 1491

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

   2. Struck · 19 U.S.C. § 1491

      Pub. L. 91–271 struck out reference to appraiser of merchandise

   Source evidence

   Code amendment note
   Pub. L. 91–271 substituted reference to appropriate customs officer for reference to collector, and struck out reference to appraiser of merchandise.

   Enacted provision · exact public law section
   (j) Section 491 (19 U.S.C. 1491) is amended by striking the words “by the appraiser of merchandise and sold by the collector” and inserting in lieu thereof “and sold by the appropriate 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. 1978

   Customs Procedural Reform and Simplification Act of 1978

   Pub. L. 95–410 title II § 208 · 92 Stat. 888

   1. Amended · 19 U.S.C. § 1491

      Pub. L. 95–410 amended section catchline

   2. Amended · 19 U.S.C. § 1491

      Pub. L. 95–410 designated existing provisions as subsec. (a)

   3. Added · 19 U.S.C. § 1491

      Pub. L. 95–410 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 95–410 amended section catchline, designated existing provisions as subsec. (a), and added subsec. (b).

   Enacted provision · exact public law section
   Sec. 208. Section 491 of the Tariff Act of 1930 (19 U.S.C. 1491) is amended— (1) by amending the section heading to read as follows: “SEC. 491. UNCLAIMED MERCHANDISE; DISPOSITION OF FORFEITED DISTILLED SPIRITS, WINES AND MALT LIQUOR”; (2) by inserting “(a)” at the beginning of such section; and (3) by adding at the end thereof the following new subsection: “(b) All distilled spirits, wines, and malt liquor forfeited to the Government summarily or by order of court, under any provision of law administered by the United States Customs Service, shall be appraised and disposed of by— “(1) delivery to such Government agencies, as in the opinion of the Secretary have a need for such distilled spirits, wines, and malt liquor for medical, scientific, or mechanical purposes, or for any other official purpose for Avhich appropriated funds may be expended by a Government agency: “(2) gifts to such eleemosynary institutions as, in the opinion of the Secretary, have a need for such distilled spirits, wines, and malt liquor for medical purposes; “(3) sale Regulations. by appropriate customs officer at public auction under such regulations as the Secretary shall prescribe, except that before making any such sale the Secretary shall determine that no Government agency or eleemosynary institution has established a need for such spirits, wines, and malt liquor under paragraph (1) or (2); or “(4) destruction.”

4. 1993

   North American Free Trade Agreement Implementation Act

   Pub. L. 103–182 § 659(1) · 107 Stat. 2057

   1. Substituted · 19 U.S.C. § 1491(a)

      Pub. L. 103–182, § 659(1), substituted “in a bonded warehouse pursuant to section 1490 of this title for 6 months” for “customs custody for one year”

   2. Substituted · 19 U.S.C. § 1491(a)

      Pub. L. 103–182, § 659(1), substituted “estimated duties, taxes, fees, interest, storage,” for “estimated duties and storage”

   3. Substituted · 19 U.S.C. § 1491(a)

      Pub. L. 103–182, § 659(1), substituted “duties, taxes, fees, interest, storage, and other charges, if permitted” for “duties, storage, and other charges, if permitted”

   4. Substituted · 19 U.S.C. § 1491(a)

      Pub. L. 103–182, § 659(1), substituted “pursuant to section 1490 of this title in a bonded warehouse for 6 months” for “public store or bonded warehouse for a period of one year”

   5. Substituted · 19 U.S.C. § 1491(a)

      Pub. L. 103–182, § 659(1), substituted “duties, taxes, fees, interest, storage, and other charges” for “duties, storage, and other charges”

   6. Substituted · 19 U.S.C. § 1491(a)

      Pub. L. 103–182, § 659(1), substituted “duties, taxes, fees, interest, charges, and expenses” for “duties, charges, and expenses”

   7. Substituted · 19 U.S.C. § 1491(a)

      Pub. L. 103–182, § 659(1), substituted “computation of duties, taxes, interest, and fees for the purposes” for “computation of duties for the purposes”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–182, § 659(1), substituted “in a bonded warehouse pursuant to section 1490 of this title for 6 months” for “customs custody for one year”, “estimated duties, taxes, fees, interest, storage,” for “estimated duties and storage”, “duties, taxes, fees, interest, storage, and other charges, if permitted” for “duties, storage, and other charges, if permitted”, “pursuant to section 1490 of this title in a bonded warehouse for 6 months” for “public store or bonded warehouse for a period of one year”, “duties, taxes, fees, interest, storage, and other charges” for “duties, storage, and other charges”, “duties, taxes, fees, interest, charges, and expenses” for “duties, charges, and expenses”, and “computation of duties, taxes, interest, and fees for the purposes” for “computation of duties for the purposes”.

   Enacted provision · exact public law section
   (1) by amending subsection (a)— (A) by striking out “customs custody for one year” in the first sentence and inserting “in a bonded warehouse pursuant to section 490 for 6 months”, (B) by striking out “public store or bonded warehouse for a period of one year” in the second sentence and inserting “pursuant to section 490 in a bonded warehouse for 6 months”, (C) by striking out “estimated duties and storage” in the first sentence and inserting “estimated duties, taxes, fees, interest, storage,”, (D) by inserting “taxes, fees, interest,” after “duties,” wherever it appears, and (E) by striking out “duties” in the last sentence and inserting “duties, taxes, interest, and fees”; and

5. 1993

   North American Free Trade Agreement Implementation Act

   Pub. L. 103–182 § 659(2) · 107 Stat. 2057

   Redesignated · 19 U.S.C. § 1491(b)(d)

   Pub. L. 103–182, § 659(2), added subsecs. (b) to (d). Former subsec. (b) redesignated (e)

   Source evidence

   Code amendment note
   Subsecs. (b) to (d). Pub. L. 103–182, § 659(2), added subsecs. (b) to (d). Former subsec. (b) redesignated (e).

   Enacted provision · exact public law section
   (2) by redesignating subsection (b) as subsection (e) and inserting after subsection (a) the following new subsections: “(b) Notice of Title Vesting in the United States.— At the end of the 6-month period referred to in subsection (a), the Customs Service may, in lieu of sale of the merchandise, provide notice to all known interested parties that the title to such merchandise shall be considered to vest in the United States free and clear of any liens or encumbrances, on the 30th day after the date of the notice unless, before such 30th day— “(1) the subject merchandise is entered or withdrawn for consumption; and “(2) payment is made of all duties, taxes, fees, transfer and storage charges, and other expenses that may have accrued thereon. “(c) Retention, Transfer, Destruction, or Other Disposition.— If title to any merchandise vests in the United States by Regulations. operation of subsection (b), such merchandise may be retained by the Customs Service for official use, transferred to any other Federal agency or to any State or local agency, destroyed, or otherwise disposed of in accordance with such regulations as the Secretary shall prescribe. All transfer and storage charges or expenses accruing on retained or transferred merchandise shall be paid by the receiving agency. “(d) Petition.— Whenever any party, having lost a substantial interest in merchandise by virtue of title vesting in the United States under subsection (b), can establish such title or interest to the satisfaction of the Secretary within 30 days after the day on which title vests in the United States under subsection (b), or can establish to the satisfaction of the Secretary that the party did not receive notice under subsection (b), the Secretary may, upon receipt of a timely and proper petition and upon finding that the facts and circumstances warrant, pay such party out of the Treasury of the United States the amount the Secretary believes the party would have received under section 493 had the merchandise been sold and a proper claim filed. The decision of the Secretary with respect to any such petition is final and conclusive on all parties.”; and

6. 1993

   North American Free Trade Agreement Implementation Act

   Pub. L. 103–182 § 659(2) · 107 Stat. 2057

   1. Redesignated · 19 U.S.C. § 1491(e)

      Pub. L. 103–182, § 659(2), (3), redesignated subsec. (b) as (e)

   2. Substituted · 19 U.S.C. § 1491(e)

      Pub. L. 103–182, § 659(2), (3), substituted “Customs Service” for “appropriate customs officer” in par. (3)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 103–182, § 659(2), (3), redesignated subsec. (b) as (e) and substituted “Customs Service” for “appropriate customs officer” in par. (3).

   Enacted provision · exact public law section
   (2) by redesignating subsection (b) as subsection (e) and inserting after subsection (a) the following new subsections: “(b) Notice of Title Vesting in the United States.— At the end of the 6-month period referred to in subsection (a), the Customs Service may, in lieu of sale of the merchandise, provide notice to all known interested parties that the title to such merchandise shall be considered to vest in the United States free and clear of any liens or encumbrances, on the 30th day after the date of the notice unless, before such 30th day— “(1) the subject merchandise is entered or withdrawn for consumption; and “(2) payment is made of all duties, taxes, fees, transfer and storage charges, and other expenses that may have accrued thereon. “(c) Retention, Transfer, Destruction, or Other Disposition.— If title to any merchandise vests in the United States by Regulations. operation of subsection (b), such merchandise may be retained by the Customs Service for official use, transferred to any other Federal agency or to any State or local agency, destroyed, or otherwise disposed of in accordance with such regulations as the Secretary shall prescribe. All transfer and storage charges or expenses accruing on retained or transferred merchandise shall be paid by the receiving agency. “(d) Petition.— Whenever any party, having lost a substantial interest in merchandise by virtue of title vesting in the United States under subsection (b), can establish such title or interest to the satisfaction of the Secretary within 30 days after the day on which title vests in the United States under subsection (b), or can establish to the satisfaction of the Secretary that the party did not receive notice under subsection (b), the Secretary may, upon receipt of a timely and proper petition and upon finding that the facts and circumstances warrant, pay such party out of the Treasury of the United States the amount the Secretary believes the party would have received under section 493 had the merchandise been sold and a proper claim filed. The decision of the Secretary with respect to any such petition is final and conclusive on all parties.”; and

7. 1996

   Miscellaneous Trade and Technical Corrections Act of 1996

   Pub. L. 104–295 § 21(e)(8) · 110 Stat. 3514

   1. Substituted · 19 U.S.C. § 1491(a)

      Pub. L. 104–295 substituted “in a bonded warehouse pursuant to section 1490” for “in in a bonded warehouse pursuant to section 1490”

   2. Substituted · 19 U.S.C. § 1491(a)

      Pub. L. 104–295 substituted “Customs Service” for “appropriate customs officer”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–295 substituted “in a bonded warehouse pursuant to section 1490” for “in in a bonded warehouse pursuant to section 1490” and “Customs Service” for “appropriate customs officer”.

   Enacted provision · exact public law section
   (8) Section 491(a) of the Tariff Act of 1930 (19 U.S.C. 1491(a)) is amended in the first sentence— (A) by striking “in in” and inserting “in”; and (B) by striking “appropriate customs officer” and inserting “Customs Service”.

17 of 18 references resolved to an enrolled provision · 1 partial