§ 1604. Seizure; prosecution 11 See Codification note below.

Statutory text

It shall be the duty of the Attorney General of the United States immediately to inquire into the facts of cases reported to him by customs officers and the laws applicable thereto, and if it appears probable that any fine, penalty, or forfeiture has been incurred by reason of such ¹ violation, for the recovery of which the institution of proceedings in the United States district court or the Court of International Trade is necessary, forthwith to cause the proper proceedings to be commenced and prosecuted, without delay, for the recovery of such fine, penalty, or forfeiture in such case provided, unless, upon inquiry and examination, the Attorney General decides that such proceedings can not probably be sustained or that the ends of public justice do not require that they should be instituted or prosecuted, in which case he shall report the facts to the Secretary of the Treasury for his direction in the premises.

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.

1930
Pub. L. 71–497 · 46 Stat. 590
Enacted · 19 U.S.C. § 1604
June 17, 1930, ch. 497, title IV, § 604, 46 Stat. 754
Source evidence
Code source credit
June 17, 1930, ch. 497, title IV, § 604, 46 Stat. 754
1970
Pub. L. 91–271 title III § 301(bb) · 84 Stat. 273
Substituted · 19 U.S.C. § 1604
Pub. L. 91–271 substituted reference to customs officers for reference to collectors
Source evidence
Code amendment note
Pub. L. 91–271 substituted reference to customs officers for reference to collectors.
Enacted provision · exact public law section
(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”.
1980
Customs Courts Act of 1980
Pub. L. 96–417 title VI § 610 · 94 Stat. 1727
Substituted · 19 U.S.C. § 1604
Pub. L. 96–417 substituted “the Attorney General of the United States” and “the Attorney General” for “every United States district attorney” and “such district attorney”, respectively, and authorized institution of proceedings in the Court of International Trade
Source evidence
Code amendment note
Pub. L. 96–417 substituted “the Attorney General of the United States” and “the Attorney General” for “every United States district attorney” and “such district attorney”, respectively, and authorized institution of proceedings in the Court of International Trade.
Enacted provision · exact public law section
Sec. 610. Section 604 of the Tariff Act of 1930 (19 U.S.C. 1604) is amended— (1) by striking out “every United States district attorney” and inserting in lieu thereof “the Attorney General of the United States”; (2) by inserting “or the Court of International Trade” immediately after “district court”; and (3) by striking out “such district attorney” and inserting in lieu thereof “the Attorney General”.
Effective date note
Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of Title 28, Judiciary and Judicial Procedure.

2 of 3 references resolved to an enrolled provision · 1 partial

Editorial Notes

Codification

As enacted by act June 17, 1930, the catchline for this section was “Same—prosecution”, as this section was intended to be read as a continuation of the provisions introduced in sections 1602 and 1603 of this title. The use of “such” in text is meant to refer back to section 1603 of this title.

Prior Provisions

Provisions similar to those in this section were contained in act Sept. 21, 1922, ch. 356, title IV, § 604, 42 Stat. 984. That section was superseded by section 604 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act.

Prior provisions substantially similar in effect, with a further provision for an allowance for expenses and services, were contained in R.S. § 3085. Provisions requiring district attorneys to cause investigations to be made before a United States commissioner and to initiate and prosecute proper proceedings to recover fines and penalties were contained in act June 22, 1874, ch. 391, § 15, 18 Stat. 189. Both of these sections were repealed by act Sept. 21, 1922, ch. 356, title IV, §§ 642, 643, 42 Stat. 989.

The 1922 act also superseded a provision contained in R.S. § 3087, requiring collectors to cause suits to be commenced without delay and prosecuted to effect.

Amendments1970–1980 · 2 rounds

1980

Pub. L. 96–417 substituted “the Attorney General of the United States” and “the Attorney General” for “every United States district attorney” and “such district attorney”, respectively, and authorized institution of proceedings in the Court of International Trade.

1970

Pub. L. 91–271 substituted reference to customs officers for reference to collectors.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of Title 28, Judiciary and Judicial Procedure.

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.

Credits

1930–1980 · 3 acts

1930June 17, 1930, ch. 497, title IV, § 604, 46 Stat. 754
1970Pub. L. 91–271, title III, § 301(bb), June 2, 1970, 84 Stat. 291
1980Pub. L. 96–417, title VI, § 610, Oct. 10, 1980, 94 Stat. 1746.

Show as published

(June 17, 1930, ch. 497, title IV, § 604, 46 Stat. 754; Pub. L. 91–271, title III, § 301(bb), June 2, 1970, 84 Stat. 291; Pub. L. 96–417, title VI, § 610, Oct. 10, 1980, 94 Stat. 1746.)