§ 1502. Regulations for appraisement and classification

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. § 1502

   June 17, 1930, ch. 497, title IV, § 502, 46 Stat. 731

   Source evidence

   Code source credit
   June 17, 1930, ch. 497, title IV, § 502, 46 Stat. 731

2. 1970

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

   Substituted · 19 U.S.C. § 1502(a)

   Pub. L. 91–271 substituted “customs officer” for “appraiser, deputy appraiser, assistant appraiser, or examiner of merchandise”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 91–271 substituted “customs officer” for “appraiser, deputy appraiser, assistant appraiser, or examiner of merchandise”.

   Enacted provision · exact public law section
   Sec. 301. technical and conforming amendments The Tariff Act of 1930, as amended (19 U.S.C. ch. 4), 46 Stat. 590. 19 USC 1654 is further amended as follows: (a) Section 305 (19 U.S.C. 1305) is amended by— 46 Stat. 688. (1) striking the word “collector” in the first paragraph and inserting in lieu thereof “appropriate customs officer”: and (2) striking the term “the collector” where it first appears in the second paragraph and inserting in lieu thereof “the appropriate customs officer” and by striking the term “the collector”’ wherever it thereafter appears in the paragraph and inserting in lieu thereof “such customs officer”. (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”. (c) Section 401 (10U.S.C. 1401) is amended by— (1) striking subsections (h), (i),and (j); (2) redesignating subsections (k), (1), (m), and (n) as subsections (h), (i), (j), and (k), respectively, and amending redesignated subsection (i) to read as follows: “(i) Officer of the Customs: Customs Officer.— The terms ‘officer of the customs’ and ‘customs officer’ mean any officer of the Bureau of Customs of the Treasury Department (also hereinafter referred to as the ‘Customs Service’) or any commissioned, warrant, or petty officer of the Coast Guard, or any agent or other person authorized by law or designated by the Secretary of the Treasury to perform any duties of an officer of the Customs Service.” (3) adding a new subsection (1) to read as follows: “(l) Secretary.— The term ‘Secretary’ means the Secretary of the Treasury or his delegate.” (d) Section 402a (19 U.S.C. 1402) is amended by— (1) striking the word “appraiser” wherever it appears in the section and inserting in lieu thereof “appropriate customs officer”; and (2) striking the word “appraiser’” in the heading of subsection (b) and inserting in lieu thereof “customs officer’s”. (3) striking the words “subject to review in reappraisement proceedings under section 501” and inserting in lien thereof Ante, p. 284. “subject to protest in accord mice with section 514”. (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”. (f) Section 451 (19 U.S.C. 1451) is amended by— (1) striking the word “collector” where it appears the first time in the section and inserting in lien thereof “appropriate customs officer”; (2) striking out the word “collector” where it appears the second time in the section and inserting in lien thereof “such customs officer”; and (3) striking the word “collector” where it appears the third time in the section and inserting in lieu thereof “appropriate customs officer”. (g) Section 467 (19 U.S.C. 1467) is amended by striking the words “collector of customs” and inserting in lieu thereof “appropriate customs officer”. (h) Section 482 (19 U.S.C. 1482) is amended as follows— (1) subsection (e) is amended by striking the term “collector of customs” and inserting in lieu thereof “appropriate customs officer”; and (2) subsection (f) is amended by striking “collector of customs or the person acting as such, or by his deputy” and inserting in lieu thereof “appropriate customs officer”. (i) Section 484 (19 U.S.C. 1484) is amended as follows— (1) subsection (a) is amended by striking the word “collector” mid inserting in lieu thereof “appropriate customs officer”; (2) paragraph (1) of subsection (e) is amended by striking the term “the collector” where it first appeal’s in the paragraph and inserting in lieu thereof “the appropriate customs officer” and by striking the term “the collector” where it thereafter appears in the paragraph and inserting in lieu thereof “such customs officer”: (3) paragraph (2) of subsection (c) is amended by striking the term ”The collector” and inserting in lieu thereof “The appropriate customs officer” and by striking the term “the collector” wherever it appears in the paragraph and inserting in lieu thereof “such customs officer”; (4) subsection (g) is amended by striking the term “collector or the appraiser” and inserting in lieu thereof “appropriate customs officer”; (5) the second and third sentences of subsection (j) are amended by striking the word “collector” and inserting in lieu thereof “customs officer”; and (6) the fourth sentence of subsection (j) is amended by striking the term “a collector” and inserting in lieu thereof “a customs officer” and by striking the terms “the collector” and “such collector” and inserting in lieu thereof “such customs officer”. (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”. (k) Section 499 (19 U.S.C. 1499) is amended as follows— (1) the first sentence is amended by striking the word “appraiser” and inserting in lieu thereof “appropriate customs officer”; (2) the second sentence is amended by striking the term “The collector” and inserting in lieu thereof “Such officer”; (3) the fifth sentence is amended to read: “Such officer may require such additional packages or quantities as he may deem necessary.”; (4) the sixth sentence is amended to read: “If any package contains any article not specified in the invoice and, in the opinion of the appropriate customs officer, such article was omitted from the invoice with fraudulent intent on the part of the seller, shipper, owner, or agent, the contents of the entire, package in which such article is found shall be subject to seizure, but if no such fraudulent intent is apparent, then the value of said article shall be added to the entry and the duties thereon paid accordingly.”; (5) the seventh sentence is amended by striking the word “collector” and inserting in lieu thereof “appropriate customs officer”; and (6) the last sentence is amended by striking the words “ appraiser’s return of value” and inserting in lieu thereof “appraisement” and by striking the words “value returned by the appraiser” and inserting in lieu thereof “appraisement”. (l) Section 51)2 (19 U.S.C. 1502) is amended by striking the words “appraiser, deputy appraiser, assistant appraiser, or examiner of merchandise” and inserting in lieu thereof “customs officer”. (m) Section 506 (19 U.S.C. 1506) is amended as follows: (1) paragraph (1) is amended by striking the term “the collector” where it first appears in the paragraph and inserting in lieu thereof “the appropriate customs officer” and by striking the term “the collector” where it thereafter appears in the paragraph anti inserting in lieu thereof “such customs officer”; and (2) paragraph (2) is amended by striking the word “collector” and inserting in lien thereof “appropriate customs officer”, (n) Section 509 (19 U.S.C, 1509) is amended by striking the term “Collectors and appraisers” and inserting in lieu thereof “Appropriate customs officers”. (o) Section 510 (19 U.S.C. 1510) is amended by— (1) striking the words “or a division of such court,” the first time they appear; (2) striking “or an appraiser, or a collector” and inserting in lieu thereof “or an appropriate customs officer”; (3) striking “an appraiser” and inserting in lieu thereof “an appropriate customs officer, or”; (4) striking the words “or a division of such court,” the second and third times they appear; and (5) striking “or appraiser or collector” and inserting in lieu thereof “or appropriate customs officer”. (p) Section 511 (19 U.S.C. 1511) is amended by— (1) striking the words “or an appraiser, or person acting as appraiser, or a collector” and inserting in lieu thereof “or an appropriate customs officer”; (2) striking the term “the collector’s” and inserting in lieu thereof “customs officer’s”; and (3) striking the term “the collector” and inserting in lieu thereof “the appropriate customs officer”. (q) Section 512 (19 U.S.C. 1512) is amended by— (1) striking the word “collector” and inserting in lieu thereof “customs officer”; and (2) striking the word “collectors” and inserting in lieu thereof ‘customs officers”. (r) Section 513 (19 U.S.C. 1513) is amended by striking the word “collector” in the heading thereof and inserting in hen thereof “customs officer’s” and by striking the words “collector or other” wherever they appear in the section. (s) Section 523 (19 U.S.C. 1523) is amended by striking the word “collectors’ ” and inserting in lieu thereof “customs officers’ ”. (t) The fifth sentence of section 557(b) (19 U.S.C. 1557(b)) is amended by striking the words “an appeal for reappraisement under section 501” and inserting in lieu thereof “a protest contesting an Ante, p. 284. appraisement decision in accordance with section 514”. (u) Section 560 (19 U.S.C. 1560) is amended by striking the words “collector or other”. (v) Section 563 (19 U.S.C. 1563) is amended by— (1) striking the term “collectors of customs” and inserting in lieu thereof “appropriate customs officers”; and (2) striking the word “collector” and inserting in lieu thereof “customs officer”. (w) Section 564 (19 U.S.C. 1564) is amended by striking the term “collector of customs” and inserting in lieu thereof “customs officer”. (x) Section 565 (19 U.S.C. 1565) is amended by— (1) striking the term “collector of customs” and inserting in lieu thereof “appropriate customs officer”; and (2) striking the word “collector” wherever it thereafter appears in the section and inserting in lieu thereof “customs officer”. (y) Section 595 (19 U.S.C. 1595) is amended by striking the words “collector of customs or other”. (z) Section 602 (19 U.S.C. 1602) is amended by— (1) striking the word “collector” in the heading and inserting in lieu thereof “customs officer”; and (2) striking the word “collector” where it first appears in the section and inserting in lieu thereof “appropriate customs officer” and by striking the word “collector” wherever it thereafter appears in the section and inserting in lieu thereof “customs officer”. (aa) Section 603 (19 U.S.C. 1603) is amended by— 52 Stat. 1089. (1) striking the word “collector’s” in the heading thereof and inserting in lieu thereof “customs officer’s”; and (2) striking the words “collector or the principal local officer of the Customs Agency Service” and inserting in lieu thereof “a ppropriate customs officer”. (bb) Section 604 (19 U.S.C. 1604) is amended by striking the 46 Stat. 754. word “collectors” and inserting in lieu thereof “customs officers”. (cc) Section 605 (19U.S.C. 1605) is amended by— 68 Stat. 1141. (1) striking the word “collector” and inserting in lieu thereof “appropriate customs officer”; and (2) striking the word “collectors” and inserting in lieu thereof “customs officer’s”. (dd) Section 606 (19 U.S.C. 1606) is amended by striking the words “collector shall require the appraiser to” and inserting in lieu thereof “appropriate customs officer shall”. (ee) Sections 607 and 610 (19 U.S.C. 1607 and 1610) are amended by— (1) striking the words “returned by the appraiser”; and (2) striking the word “collector” and inserting in lieu thereof “appropriate customs officer”. (ff) Section 612 (19 U.S.C. 1612) is amended as follows: (1) the first sentence is amended by striking the term “the collector” where it first appears and inserting in lieu thereof “the appropriate customs officer”; by striking the words “by the appraiser”; by striking the term “the collector” where it thereafter appears and inserting in lieu thereof “such officer”; and by striking the words “within twenty-four hours after receipt by him of the appraiser’s return”; (2) the second sentence is amended by striking the term “the collector” and inserting in lieu thereof “such officer”; and (3) the third sentence is amended by striking the word “collector” and inserting in lieu thereof “customs officer”. (gg) Section 617 (19 U.S.C. 1617) is amended by striking the word “collector” and inserting in lieu thereof “customs officer” and by striking the words “or customs agent.” (hh) Section 618 (19 U.S.C. 1618) is amended by striking the words “customs agent, collector, judge of the United States Customs Court, or United States commissioner,” and inserting in lieu thereof “customs officer”. (ii) Section 623 (19 U.S.C. 1623) is amended by striking the term 52 Stat. 1089. “collectors of customs” and inserting in lieu thereof “customs officers”. (jj) Section 641 (19 U.S.C. 1641) is amended by striking the words 46 Stat. 759: 49 Stat. 864. “collector or chief” wherever they appear and substituting therefor “appropriate”. (kk) Section 648 (19 U.S.C. 1648) is amended by striking the term “Collectors of customs” and inserting in lieu thereof “Customs officers”.

3. 1980

   Customs Courts Act of 1980

   Pub. L. 96–417 title VI § 601(3) · 94 Stat. 1727

   Redesignated · 19 U.S.C. § 1502(b)

   Pub. L. 96–417 redesignated the United States Customs Court as the United States Court of International Trade

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 96–417 redesignated the United States Customs Court as the United States Court of International Trade.

   Enacted provision · exact public law section
   (3) Section 502(b) of the Tariff Act of 1930 (19 U.S.C. 1502(b)).

4. 1988

   United States-Canada Free-Trade Agreement Implementation Act of 1988

   Pub. L. 100–449 title IV § 403(a) · 102 Stat. 1851

   Substituted · 19 U.S.C. § 1502(b)

   Pub. L. 100–449 temporarily substituted “a final decision of the United States Court of International Trade, or a final decision of a binational panel pursuant to article 1904 of the United States-Canada Free-Trade Agreement” for “or a final decision of the United States Court of International Trade”. See Effective and Termination Dates of 1988 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 100–449 temporarily substituted “a final decision of the United States Court of International Trade, or a final decision of a binational panel pursuant to article 1904 of the United States-Canada Free-Trade Agreement” for “or a final decision of the United States Court of International Trade”. See Effective and Termination Dates of 1988 Amendment note below.

   Enacted provision · exact public law section
   (a) Section 502(b) of the Tariff Act of 1930 (19 U.S.C. 1502(b)) is amended by striking out all after “recommending the same,” and inserting in lieu thereof “a final decision of the United States Court of International Trade, or a final decision of a binational panel pursuant to article 1904 of the United States-Canada Free-Trade Agreement”.

5. 1993

   North American Free Trade Agreement Implementation Act

   Pub. L. 103–182 § 640(1) · 107 Stat. 2057

   1. Inserted · 19 U.S.C. § 1502(a)

      Pub. L. 103–182, § 640(1), inserted “(including regulations establishing procedures for the issuance of binding rulings prior to the entry of the merchandise concerned)” after “law”

   2. Substituted · 19 U.S.C. § 1502(a)

      Pub. L. 103–182, § 640(1), substituted “ports of entry. The Secretary” for “ports of entry, and”

   3. Inserted · 19 U.S.C. § 1502(a)

      Pub. L. 103–182, § 640(1), inserted “or classifying” after “appraising” in two places

   4. Substituted · 19 U.S.C. § 1502(a)

      Pub. L. 103–182, § 640(1), substituted “any port, and may direct any customs officer at any port to review entries of merchandise filed at any other port” for “such port”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–182, § 640(1), inserted “(including regulations establishing procedures for the issuance of binding rulings prior to the entry of the merchandise concerned)” after “law”, substituted “ports of entry. The Secretary” for “ports of entry, and”, inserted “or classifying” after “appraising” in two places, and substituted “any port, and may direct any customs officer at any port to review entries of merchandise filed at any other port” for “such port”.

   Enacted provision · exact public law section
   (1) by amending subsection (a)— (A) by inserting “(including regulations establishing procedures for the issuance of binding rulings prior to the entry of the merchandise concerned)” after “law”, (B) by striking out “ports of entry, and” and inserting “ports of entry. The Secretary”, (C) by inserting “or classifying” after “appraising” wherever it appears, and (D) by striking out “such port” and inserting “any port, and may direct any customs officer at any port to review entries of merchandise filed at any other port”; and

   Effective date note
   Amendment by section 412(a) of Pub. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States [Jan. 1, 1994], but not applicable to any final determination described in section 1516a(a)(1)(B) or (2)(B)(i), (ii), or (iii) of this title, notice of which is published in the Federal Register before such date, or to a determination described in section 1516a(a)(2)(B)(vi) of this title, notice of which is received by the Government of Canada or Mexico before such date, or to any binational panel review under the United States-Canada Free-Trade Agreement, or to any extraordinary challenge arising out of any such review, that was commenced before such date, see section 416 of Pub. L. 103–182, formerly set out as an Effective Date note under former section 3431 of this title. Amendment by section 640 of Pub. L. 103–182 effective Dec. 8, 1993, see section 692 of Pub. L. 103–182, formerly set out as a note under section 58c of this title.

6. 1993

   North American Free Trade Agreement Implementation Act

   Pub. L. 103–182 § 640(2) · 107 Stat. 2057

   1. Redesignated · 19 U.S.C. § 1502(b)

      Pub. L. 103–182, § 640(2), redesignated subsec. (c) as (b)

   2. Struck · 19 U.S.C. § 1502(b)

      Pub. L. 103–182, § 640(2), struck out former subsec. (b) which read as follows: “No ruling or decision once made by the Secretary of the Treasury, giving construction to any law imposing customs duties, shall be reversed or modified adversely to the United States, by the same or a succeeding Secretary, except in concurrence with an opinion of the Attorney General recommending the same, a final decision of the United States Court of International Trade, or a final decision of a binational panel pursuant to article 1904 of the United States-Canada Free-Trade Agreement.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 103–182, § 640(2), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “No ruling or decision once made by the Secretary of the Treasury, giving construction to any law imposing customs duties, shall be reversed or modified adversely to the United States, by the same or a succeeding Secretary, except in concurrence with an opinion of the Attorney General recommending the same, a final decision of the United States Court of International Trade, or a final decision of a binational panel pursuant to article 1904 of the United States-Canada Free-Trade Agreement.”

   Enacted provision · exact public law section
   (2) by striking out subsection (b) and redesignating subsection (c) as subsection (b).

   Effective date note
   Amendment by section 412(a) of Pub. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States [Jan. 1, 1994], but not applicable to any final determination described in section 1516a(a)(1)(B) or (2)(B)(i), (ii), or (iii) of this title, notice of which is published in the Federal Register before such date, or to a determination described in section 1516a(a)(2)(B)(vi) of this title, notice of which is received by the Government of Canada or Mexico before such date, or to any binational panel review under the United States-Canada Free-Trade Agreement, or to any extraordinary challenge arising out of any such review, that was commenced before such date, see section 416 of Pub. L. 103–182, formerly set out as an Effective Date note under former section 3431 of this title. Amendment by section 640 of Pub. L. 103–182 effective Dec. 8, 1993, see section 692 of Pub. L. 103–182, formerly set out as a note under section 58c of this title.

7. 1993

   North American Free Trade Agreement Implementation Act

   Pub. L. 103–182 § 412(a) · 107 Stat. 2057

   Changed · 19 U.S.C. § 1502(b)

   Pub. L. 103–182, § 412(a), which directed the insertion of “the North American Free Trade Agreement or” before “the United States-Canada Free-Trade Agreement”, could not be executed because the words “the United States-Canada Free-Trade Agreement” did not appear in subsec. (b) subsequent to amendment by Pub. L. 103–182, § 640(2), effective Dec. 8, 1993. See above

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 103–182, § 412(a), which directed the insertion of “the North American Free Trade Agreement or” before “the United States-Canada Free-Trade Agreement”, could not be executed because the words “the United States-Canada Free-Trade Agreement” did not appear in subsec. (b) subsequent to amendment by Pub. L. 103–182, § 640(2), effective Dec. 8, 1993. See above.

   Enacted provision · exact public law section
   (a) Regulations for Appraisement and Classification; Finality and Decision.— Sections 502(b) and 514(b) of the Tariff Act of 1930 (19 U.S.C. 1502(b) and 1514(b)) are each amended by inserting “the North American Free Trade Agreement or” before “the United States-Canada Free-Trade Agreement”.

   Effective date note
   Amendment by section 412(a) of Pub. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States [Jan. 1, 1994], but not applicable to any final determination described in section 1516a(a)(1)(B) or (2)(B)(i), (ii), or (iii) of this title, notice of which is published in the Federal Register before such date, or to a determination described in section 1516a(a)(2)(B)(vi) of this title, notice of which is received by the Government of Canada or Mexico before such date, or to any binational panel review under the United States-Canada Free-Trade Agreement, or to any extraordinary challenge arising out of any such review, that was commenced before such date, see section 416 of Pub. L. 103–182, formerly set out as an Effective Date note under former section 3431 of this title. Amendment by section 640 of Pub. L. 103–182 effective Dec. 8, 1993, see section 692 of Pub. L. 103–182, formerly set out as a note under section 58c of this title.

8. 1993

   North American Free Trade Agreement Implementation Act

   Pub. L. 103–182 § 640(2) · 107 Stat. 2057

   Redesignated · 19 U.S.C. § 1502(c)

   Pub. L. 103–182, § 640(2), redesignated subsec. (c) as (b)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 103–182, § 640(2), redesignated subsec. (c) as (b).

   Enacted provision · exact public law section
   (2) by striking out subsection (b) and redesignating subsection (c) as subsection (b).

   Effective date note
   Amendment by section 412(a) of Pub. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States [Jan. 1, 1994], but not applicable to any final determination described in section 1516a(a)(1)(B) or (2)(B)(i), (ii), or (iii) of this title, notice of which is published in the Federal Register before such date, or to a determination described in section 1516a(a)(2)(B)(vi) of this title, notice of which is received by the Government of Canada or Mexico before such date, or to any binational panel review under the United States-Canada Free-Trade Agreement, or to any extraordinary challenge arising out of any such review, that was commenced before such date, see section 416 of Pub. L. 103–182, formerly set out as an Effective Date note under former section 3431 of this title. Amendment by section 640 of Pub. L. 103–182 effective Dec. 8, 1993, see section 692 of Pub. L. 103–182, formerly set out as a note under section 58c of this title.

11 of 12 references resolved to an enrolled provision · 1 partial