Title 19 — Customs Duties
Part V · Chapter 4 — Tariff Act of 1930
§ 1607. Seizure; value $500,000 or less, prohibited merchandise, transporting conveyances
Statutory text
Notice of seizure
If—
the value of such seized vessel, vehicle, aircraft, merchandise, or baggage does not exceed $500,000;
such seized merchandise is merchandise the importation of which is prohibited;
such seized vessel, vehicle, or aircraft was used to import, export, transport, or store any controlled substance or listed chemical; or
such seized merchandise is any monetary instrument within the meaning of section 5312(a)(3) of title 31;
the appropriate customs officer shall cause a notice of the seizure of such articles and the intention to forfeit and sell or otherwise dispose of the same according to law to be published for at least three successive weeks in such manner as the Secretary of the Treasury may direct. Written notice of seizure together with information on the applicable procedures shall be sent to each party who appears to have an interest in the seized article.
“Controlled substance” and “listed chemical” defined
As used in this section, the terms “controlled substance” and “listed chemical” have the meaning given such terms in section 802 of title 21.
Report to Congress
The Commissioner of U.S. Customs and Border Protection shall submit to the Congress, by no later than February 1 of each fiscal year, a report on the total dollar value of uncontested seizures of monetary instruments having a value of over $100,000 which, or the proceeds of which, have not been deposited into the Customs Forfeiture Fund under section 1613b of this title within 120 days of seizure, as of the end of the previous fiscal year.
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.
Pub. L. 71–497 · 46 Stat. 590
Enacted · 19 U.S.C. § 1607
June 17, 1930, ch. 497, title IV, § 607, 46 Stat. 754
Source evidence
Code source credit
June 17, 1930, ch. 497, title IV, § 607, 46 Stat. 754Pub. L. 91–271 title III § 301(ee) · 84 Stat. 273
Substituted · 19 U.S.C. § 1607
Pub. L. 91–271 substituted reference to appropriate customs officer for reference to collector
Struck · 19 U.S.C. § 1607
Pub. L. 91–271 struck out reference to appraiser’s return of value
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’s return of value.Enacted provision · exact public law section
(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”.Customs Procedural Reform and Simplification Act of 1978
Pub. L. 95–410 title I § 111(a) · 92 Stat. 888
Substituted · 19 U.S.C. § 1607
Pub. L. 95–410 substituted “$10,000” for “$2,500” wherever appearing
Source evidence
Code amendment note
Pub. L. 95–410 substituted “$10,000” for “$2,500” wherever appearing.Enacted provision · exact public law section
(a) Section 607 of the Tariff Act of 1930 (19 U.S.C. 1607) is amended by striking out “$2,500” in the heading of such section and inserting in lieu thereof “$10,000”, and by striking out “$2,500” each place that it appears therein and inserting in lieu thereof “$10,000”.Department of the Interior and Related Agencies Appropriations Act, 1985
Pub. L. 98–473 title II § 311 · 98 Stat. 1837
Amended · 19 U.S.C. § 1607
Pub. L. 98–473 amended section generally in manner substantially identical to amendment by Pub. L. 98–573, on which text of section is based. Prior to amendment, section read as follows: “If such value of such vessel, vehicle, merchandise, or baggage does not exceed $10,000, the appropriate customs officer shall cause a notice of the seizure of such articles and the intention to forfeit and sell or otherwise dispose of the same according to law to be published for at least three successive weeks in such manner as the Secretary of the Treasury may direct. For the purposes of this section and sections 1610 and 1612 of this title merchandise the importation of which is prohibited shall be held not to exceed $10,000 in value.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 98–473 amended section generally in manner substantially identical to amendment by Pub. L. 98–573, on which text of section is based. Prior to amendment, section read as follows: “If such value of such vessel, vehicle, merchandise, or baggage does not exceed $10,000, the appropriate customs officer shall cause a notice of the seizure of such articles and the intention to forfeit and sell or otherwise dispose of the same according to law to be published for at least three successive weeks in such manner as the Secretary of the Treasury may direct. For the purposes of this section and sections 1610 and 1612 of this title merchandise the importation of which is prohibited shall be held not to exceed $10,000 in value.”Enacted provision · exact public law section
Sec. 311. Employment funded by this Act shall not be subject to any personnel ceiling or other personnel restriction for permanent or other than permanent employment except as provided by law.Trade and Tariff Act of 1984
Pub. L. 98–573 title II § 213(a)(4) · 98 Stat. 2948
Amended · 19 U.S.C. § 1607
Pub. L. 98–573 amended section generally. See explanation below for amendment by Pub. L. 98–473
Source evidence
Code amendment note
Pub. L. 98–573 amended section generally. See explanation below for amendment by Pub. L. 98–473.Enacted provision · exact public law section
(4) Section 607 (19 U.S.C. 1607) is amended to read as follows: “SEC. 607. SEIZURE; VALUE $100,000 OR LESS, PROHIBITED MERCHANDISE. TRANSPORTING CONVEYANCES. “(a) If— “(1) the value of such seized vessel, vehicle, aircraft, merchandise, or baggage does not exceed $100,000; “(2) such seized merchandise is merchandise the importation of which is prohibited; or “(3) such seized vessel, vehicle, or aircraft was used to import, export, transport, or store any controlled substance; the appropriate customs officer shall cause a notice of the seizure of such articles and the intention to forfeit and sell or otherwise dispose of the same according to law to be published for at least three successive weeks in such manner as the Secretary of the Treasury may direct. Written notice of seizure together with information on the applicable procedures shall be sent to each party who appears to have an interest in the seized article. “(b) As used in this section, the term ‘controlled substance’ has the meaning given that term in section 102 of the Controlled Substances Act (21 U.S.C. 802).”.Effective date note
Amendment by Pub. L. 98–573 effective Oct. 15, 1984, see section 214(e) of Pub. L. 98–573, set out as a note under section 1304 of this title.Customs and Trade Act of 1990
Pub. L. 101–382 § 122(6) · 104 Stat. 629
Substituted · 19 U.S.C. § 1607
Pub. L. 101–382, § 122(6), substituted “$500,000” for “$100,000” in section catchline
Source evidence
Code amendment note
Pub. L. 101–382, § 122(6), substituted “$500,000” for “$100,000” in section catchline.Enacted provision · exact public law section
(6) by striking out “$100,000” in the section heading and inserting “$500,000”.Customs and Trade Act of 1990
Pub. L. 101–382 § 122(1) · 104 Stat. 629
Substituted · 19 U.S.C. § 1607(a)(1)
Pub. L. 101–382, § 122(1), substituted “$500,000” for “$100,000”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 101–382, § 122(1), substituted “$500,000” for “$100,000”.Enacted provision · exact public law section
(1) by striking out “$100,000” in subsection (a)(1) and inserting “$500,000”;Customs and Trade Act of 1990
Pub. L. 101–382 § 122(2) · 104 Stat. 629
Added · 19 U.S.C. § 1607(a)(4)
Pub. L. 101–382, § 122(2)–(4), added par. (4)
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 101–382, § 122(2)–(4), added par. (4).Enacted provision · exact public law section
(2) by striking out “or” at the end of subsection (a)(2);Customs and Trade Act of 1990
Pub. L. 101–382 § 122(5) · 104 Stat. 629
Added · 19 U.S.C. § 1607(c)
Pub. L. 101–382, § 122(5), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 101–382, § 122(5), added subsec. (c).Enacted provision · exact public law section
(5) by adding at the end thereof the following new subsection: “(c) The Commissioner of Customs shall submit to the Congress, by no later than February 1 of each fiscal year, a report on the total dollar value of uncontested seizures of monetary instruments having a value of over $100,000 which, or the proceeds of which, have not been deposited into the Customs Forfeiture Fund under section 613A within 120 days of seizure, as of the end of the previous fiscal year.”; andComprehensive Methamphetamine Control Act of 1996
Pub. L. 104–237 § 201(c)(1) · 110 Stat. 3099
Inserted · 19 U.S.C. § 1607(a)(3)
Pub. L. 104–237, § 201(c)(1), inserted “or listed chemical” after “controlled substance”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 104–237, § 201(c)(1), inserted “or listed chemical” after “controlled substance”.Enacted provision · exact public law section
(1) in subsection (a)(3), by inserting “or listed chemical” after “controlled substance”; andComprehensive Methamphetamine Control Act of 1996
Pub. L. 104–237 § 201(c)(2) · 110 Stat. 3099
Amended · 19 U.S.C. § 1607(b)
Pub. L. 104–237, § 201(c)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “As used in this section, the term ‘controlled substance’ has the meaning given that term in section 802 of title 21.”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 104–237, § 201(c)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “As used in this section, the term ‘controlled substance’ has the meaning given that term in section 802 of title 21.”Enacted provision · exact public law section
(2) by amending subsection (b) to read as follows: “(b) As used in this section, the terms ‘controlled substance’ and ‘listed chemical’ have the meaning given such terms in section 102 of the Controlled Substances Act (21 U.S.C. 802).”.
11 of 12 references resolved to an enrolled provision · 1 partial
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in act Sept. 21, 1922, ch. 356, title IV, § 607, 42 Stat. 985. That section was superseded by section 607 of act , comprising this section, and repealed by section 651(a)(1) of the 1930 act.
Prior provisions for publication or posting of notice of seizure, requiring claimants to appear and file their claim, when the appraised value did not exceed $500, were contained in R.S. § 3075, prior to repeal by act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989.
Amendments1938–1996 · 7 rounds
1996
Subsec. (a)(3). Pub. L. 104–237, § 201(c)(1), inserted “or listed chemical” after “controlled substance”.
Subsec. (b). Pub. L. 104–237, § 201(c)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “As used in this section, the term ‘controlled substance’ has the meaning given that term in section 802 of title 21.”
1990
Pub. L. 101–382, § 122(6), substituted “$500,000” for “$100,000” in section catchline.
Subsec. (a)(1). Pub. L. 101–382, § 122(1), substituted “$500,000” for “$100,000”.
Subsec. (a)(4). Pub. L. 101–382, § 122(2)–(4), added par. (4).
Subsec. (c). Pub. L. 101–382, § 122(5), added subsec. (c).
1984
Pub. L. 98–573 amended section generally. See explanation below for amendment by Pub. L. 98–473.
Pub. L. 98–473 amended section generally in manner substantially identical to amendment by Pub. L. 98–573, on which text of section is based. Prior to amendment, section read as follows: “If such value of such vessel, vehicle, merchandise, or baggage does not exceed $10,000, the appropriate customs officer shall cause a notice of the seizure of such articles and the intention to forfeit and sell or otherwise dispose of the same according to law to be published for at least three successive weeks in such manner as the Secretary of the Treasury may direct. For the purposes of this section and sections 1610 and 1612 of this title merchandise the importation of which is prohibited shall be held not to exceed $10,000 in value.”
1978
Pub. L. 95–410 substituted “$10,000” for “$2,500” wherever appearing.
1970
Pub. L. 91–271 substituted reference to appropriate customs officer for reference to collector, and struck out reference to appraiser’s return of value.
1954
Act , substituted “$2,500” for “$1,000” wherever appearing.
1938
Act , substituted “forfeit and sell or otherwise dispose of the same according to law” for “forfeit and sell the same”.
Statutory Notes and Related Subsidiaries
Change of Name
“Commissioner of U.S. Customs and Border Protection” substituted for “Commissioner of Customs” in subsec. (c) on authority of section 802(d)(2) of Pub. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–573 effective , see section 214(e) 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 1938 Amendment
Amendment by act , effective on thirtieth day following , except as otherwise specifically provided, see section 37 of act , set out as a note under section 1401 of this title.
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.
Credits
1930–2016 · 10 acts
- 1930June 17, 1930, ch. 497, title IV, § 607, 46 Stat. 754
- 1938June 25, 1938, ch. 679, § 28(a), 52 Stat. 1089
- 1954Sept. 1, 1954, ch. 1213, title V, § 506, 68 Stat. 1141
- 1970Pub. L. 91–271, title III, § 301(ee), , 84 Stat. 291
- 1978Pub. L. 95–410, title I, § 111(a), , 92 Stat. 897
- 1984Pub. L. 98–473, title II, § 311, , 98 Stat. 2053
- 1984Pub. L. 98–573, title II, § 213(a)(4), , 98 Stat. 2984
- 1990Pub. L. 101–382, title I, § 122, , 104 Stat. 642
- 1996Pub. L. 104–237, title II, § 201(c), , 110 Stat. 3101
- 2016Pub. L. 114–125, title VIII, § 802(d)(2), , 130 Stat. 210.
Show as published
(June 17, 1930, ch. 497, title IV, § 607, 46 Stat. 754; June 25, 1938, ch. 679, § 28(a), 52 Stat. 1089; Sept. 1, 1954, ch. 1213, title V, § 506, 68 Stat. 1141; Pub. L. 91–271, title III, § 301(ee), , 84 Stat. 291; Pub. L. 95–410, title I, § 111(a), , 92 Stat. 897; Pub. L. 98–473, title II, § 311, , 98 Stat. 2053; Pub. L. 98–573, title II, § 213(a)(4), , 98 Stat. 2984; Pub. L. 101–382, title I, § 122, , 104 Stat. 642; Pub. L. 104–237, title II, § 201(c), , 110 Stat. 3101; Pub. L. 114–125, title VIII, § 802(d)(2), , 130 Stat. 210.)