§ 1608. Seizure; claims; judicial condemnation

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. § 1608

   June 17, 1930, ch. 497, title IV, § 608, 46 Stat. 755

   Source evidence

   Code source credit
   June 17, 1930, ch. 497, title IV, § 608, 46 Stat. 755

2. 1970

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

   Substituted · 19 U.S.C. § 1608

   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
   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”.

3. 1984

   Department of the Interior and Related Agencies Appropriations Act, 1985

   Pub. L. 98–473 § 312 · 98 Stat. 1837

   Inserted · 19 U.S.C. § 1608

   Pub. L. 98–473, § 312, inserted “$5,000 or 10 per centum of the value of the claimed property, whichever is lower, but not less than,” after “penal sum of”. See 1984 and 1986 Amendment notes above

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 98–473, § 312, inserted “$5,000 or 10 per centum of the value of the claimed property, whichever is lower, but not less than,” after “penal sum of”. See 1984 and 1986 Amendment notes above.

   Enacted provision · exact public law section
   Sec. 312. Funds provided for land acquisition in this Act may not be used to acquire lands for more than the approved appraised value 42 USC 4051. (as addressed in section 301(3) of Public Law 91–646) except for condemnations and declarations of taking, without the written approval of the Committees on Appropriations.

4. 1984

   Trade and Tariff Act of 1984

   Pub. L. 98–573 § 213(a)(5)(B) · 98 Stat. 2948

   Changed · 19 U.S.C. § 1608

   Pub. L. 98–573, § 213(a)(5)(B), which directed the insertion of “$2,500 or 10 percent of the value of the claimed property, whichever is lower, but not less than” after “penal sum of”, was executed to text as superseding the amendment made by Pub. L. 98–473 to reflect the probable intent of Congress. See 1986 Amendment note above

   Source evidence

   Code amendment note
   Pub. L. 98–573, § 213(a)(5)(B), which directed the insertion of “$2,500 or 10 percent of the value of the claimed property, whichever is lower, but not less than” after “penal sum of”, was executed to text as superseding the amendment made by Pub. L. 98–473 to reflect the probable intent of Congress. See 1986 Amendment note above.

   Enacted provision · exact public law section
   (B) in the sentence beginning “Upon the filing”, by inserting after “penal sum of” the following: “$2,500 or 10 percent of the value of the claimed property, whichever is lower, but not less than”.

   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.

5. 1984

   Trade and Tariff Act of 1984

   Pub. L. 98–573 § 213(a)(5)(A) · 98 Stat. 2948

   Inserted · 19 U.S.C. § 1608

   Pub. L. 98–573, § 213(a)(5)(A), and Pub. L. 98–473, § 321, inserted reference to aircraft

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 98–573, § 213(a)(5)(A), and Pub. L. 98–473, § 321, inserted reference to aircraft.

   Enacted provision · exact public law section
   (A) in the sentence beginning “Any person”, by inserting “aircraft,” after “vehicle,”; and

   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.

6. 1986

   Anti-Drug Abuse Act of 1986

   Pub. L. 99–570 § 1862(a) · 100 Stat. 3207

   Substituted · 19 U.S.C. § 1608

   Pub. L. 99–570, § 1862(a), substituted “$5,000” for “$2,500”. See 1984 Amendment notes below

   Source evidence

   Code amendment note
   Pub. L. 99–570, § 1862(a), substituted “$5,000” for “$2,500”. See 1984 Amendment notes below.

   Enacted provision · exact public law section
   (a) Section 608 of the Tariff Act of 1930 (19 U.S.C. 1608) is amended by striking out “$2,500” and inserting in lieu thereof “$5,000”.

7. 1986

   Anti-Drug Abuse Act of 1986

   Pub. L. 99–570 § 1862(b) · 100 Stat. 3207

   Repealed · 19 U.S.C. § 1608

   Pub. L. 99–570, § 1862(b), which provided that “Section 608 of such Act [this section], as enacted by Public Law 98–473, is repealed”, was not executed to text because such section was amended (rather than enacted) by Pub. L. 98–473, and to reflect the probable intent of Congress to repeal the amendment made by Pub. L. 98–473 in view of later amendment by Pub. L. 98–573. See 1984 Amendment notes below

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 99–570, § 1862(b), which provided that “Section 608 of such Act [this section], as enacted by Public Law 98–473, is repealed”, was not executed to text because such section was amended (rather than enacted) by Pub. L. 98–473, and to reflect the probable intent of Congress to repeal the amendment made by Pub. L. 98–473 in view of later amendment by Pub. L. 98–573. See 1984 Amendment notes below.

   Enacted provision · exact public law section
   (b) Section 608 of such Act, as enacted by Public Law 98–473, is repealed.

8. 1988

   National Commission on Measured Responses to Achieve a Drug-Free America by 1995 Authorization Act

   Pub. L. 100–690 title VII § 7367(c)(2) · 102 Stat. 4181

   Changed · 19 U.S.C. § 1608

   Pub. L. 100–690 reenacted section without change. See 1984 and 1986 Amendment notes below

   Source evidence

   Code amendment note
   Pub. L. 100–690 reenacted section without change. See 1984 and 1986 Amendment notes below.

   Enacted provision · exact public law section
   (2) Section 608 of the Tariff Act of 1930 (19 U.S.C. 1608) is amended to read as follows: “SEC. 608. SEIZURE; CLAIMS; JUDICIAL CONDEMNATION. “Any person claiming such vessel, vehicle, aircraft, merchandise, or baggage may at any time within twenty days from the date of the first publication of the notice of seizure file with the appropriate customs officer a claim stating his interest therein. Upon the filing of such claim, and the giving of a bond to the United States in the penal sum of $5,000 or 10 percent of the value of the claimed property, whichever is lower, but not less than $250, with sureties to be approved by such customs officer, conditioned that in case of condemnation of the articles so claimed the obligor shall pay all the costs and expenses of the proceedings to obtain such condemnation, such customs officer shall transmit such claim and bond, with a duplicate list and description of the articles seized, to the United States attorney for the district in which seizure was made, who shall proceed to a condemnation of the merchandise or other property in the manner prescribed by law.”.

7 of 8 references resolved to an enrolled provision · 1 partial