(June 17, 1930, ch. 497, title IV, § 623, 46 Stat. 759; June 25, 1938, ch. 679, § 30, 52 Stat. 1089; June 2, 1970, Pub. L. 91-271, title III, § 301(ii), 84 Stat. 291.) AMENDMENTS 1970-Subsec. (a). Pub. L. 91-271 substituted reference to customs officers for reference to collectors of customs. 1938-Act June 25, 1938, amended section generally among other changes adding subsecs. (c) to (e). 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 an Effective Date of 1970 Amendment note under section 1500 of this title. EFFECTIVE DATE OF 1938 AMENDMENT Amendment by act June 25, 1938, effective on the thirtieth day following June 25, 1938, except as otherwise specifically provided, see note set out under section 1401 of this title. TRANSFER OF FUNCTIONS All functions of all other officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of such officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. The Customs Service is under the Department of the Treasury. § 1624. General regulations In addition to the specific powers conferred by this chapter the Secretary of the Treasury is authorized to make such rules and regulations as may be necessary to carry out the provisions of this chapter. (June 17, 1930, ch. 497, title IV, § 624, 46 Stat. 759.) PRIOR PROVISIONS Provisions similar to those of this section were contained in Act Sept. 21, 1922, ch. 356, title IV, § 623, 42 Stat. 988. That section was superseded by section 624 of the Tariff Act of 1930, comprising this section, and was repealed by section 651(a)(1) of the 1930 Act. PART VI-MISCELLANEOUS PROVISIONS § 1641. Customhouse brokers (a) Regulations for licensing The Secretary of the Treasury may prescribe rules and regulations governing the licensing as customhouse brokers of citizens of the United States of good moral character, and of corporations, associations, and partnerships, and may require as a condition to the granting of any license, the showing of such facts as he may deem advisable as to the qualifications of the applicant to render valuable service to importers and exporters. No such license shall be granted to any corporation, association, or partnership unless licenses as customhouse brokers have been issued to at least two of the officers of such corporation or association, or two of the members of such partnership, and such licenses are in force. Any license granted to any such corporation, association, or partnership shall be deemed revoked if for any continuous period of more than sixty days after the issuance of such license there are not at least two officers of such corporation or association or two members of such partnership who are qualified to transact business as customhouse brokers. Except as provided in subdivision (c) of this section, no person shall transact business as a customhouse broker without a license granted in accordance with the provisions of this subdivision, but nothing in this section shall be construed to authorize the requiring of a license in the case of any person transacting at a customhouse business pertaining to his own importations. (b) Revocation or suspension; appeal The appropriate officer of the customs may at any time, for good and sufficient reasons, serve notice in writing upon any customhouse broker so licensed to show cause why said li cense shall not be revoked or suspended, which notice shall be in the form of a statement specifically setting forth the ground of complaint. The appropriate officer of customs shall within ten days thereafter notify the customhouse broker in writing of a hearing to be held before him within five days upon said charges. At such hearing the customhouse broker may be represented by counsel, and all proceedings including the proof of the charges and the answer thereto, shall be presented, with the right of crossexamination to both parties, and a stenographic record of the same shall be made and a copy thereof shall be delivered to the customhouse broker. At the conclusion of such hearing the appropriate officer of customs shall forthwith transmit all papers and the stenographic report of the hearing, which shall constitute the record of the case, to the Secretary of the Treasury for his action. Thereupon the said Secretary of the Treasury shall have the right to revoke or suspend the license of any customhouse broker shown to be incompetent, disrepu table, or who has refused to comply with the rules and regulations issued under this section, or who has, with intent to defraud, in any manner willfully and knowingly deceived, misled, or threatened any importer, exporter, claimant, or client, or prospective importer, exporter, claimant, or client, by word, circular, letter or by advertisement. An appeal may be taken by any licensed customhouse broker from any order of the Secretary of the Treasury suspending or revoking a license. Such appeal shall be taken by filing, in the court of appeals of the United States within any circuit wherein such person resides or has his principal place of business, or in the United States Court of Appeals for the District of Columbia, within sixty days after the entry of such order, a written petition praying that the order of the Secretary of the Treasury be modified or set aside in whole or in part. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Secretary of the Treasury, or any officer designated by him for that purpose, and thereupon the Secretary of the Treasury shall file in the court the record upon which the order complained of was entered, as provided in section 2112 of title 28. Upon the filing of such petition such court shall have exclusive jurisdiction to affirm, modify, or set aside such order, in whole or in part. No objection to the order of the Secretary of the Treasury shall be considered by the court unless such objection shall have been urged before the appropriate officer of customs or unless there were reasonable grounds for failure so to do. The finding of the Secretary of the Treasury as to the facts, if supported by substantial evidence, shall be conclusive. If any party shall apply to the court for leave to adduce additional evidence, and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for failure to adduce such evidence in the proceeding before the appropriate officer of customs, the court may order such additional evidence to be taken before the appropriate officer of customs and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. The Secretary of the Treasury may modify his findings as to the facts by reason of the additional evidence so taken, and he shall file with the court such modified or new findings, which, if supported by substantial evidence, shall be conclusive, and his recommendation, if any, for the modification or setting aside of the original order. The judgment and decree of the court affirming, modifying, or setting aside, in whole or in part, any such order of the Secretary of the Treasury shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28. The commencement of proceedings under this subsection shall, unless specifically ordered by the court, operate as a stay of the Secretary of the Treasury's order. (c) Prior licenses Licenses issued under section 415 of this title or under the provisions of subdivision (a) of this section prior to August 26, 1935, shall continue in force and effect, subject to suspension and revocation as provided in subdivision (b) of this section. (d) Regulations by Secretary The Secretary of the Treasury shall prescribe such rules and regulations as he may deem necessary to protect importers and the revenue of the United States, and to carry out the provisions of this section, including rules and regulations requiring the keeping of books, accounts, and records by customhouse brokers, and the inspection thereof, and of their papers, documents, and correspondence by, and the furnishing by them of information relating to their business to, any duly accredited agent of the United States. (June 17, 1930, ch. 497, title IV, § 641, 46 Stat. 759; Aug. 26, 1935, ch. 689, §§ 3-5, 49 Stat. 864, 865; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Aug. 28, 1958, Pub. L. 85-791, § 8, 72 Stat. 945; June 2, 1970, Pub. L. 91-271, title III, § 301(jj), 84 Stat. 291.) REFERENCES IN TEXT Section 415 of this title, referred to in subsec. (c) was repealed by section 641(e) of act June 17, 1930. CODIFICATION In subsec. (b), "section 1254 of title 28" was substituted for "sections 239 and 240 of the Judicial Code, as amended (U.S.C., title 28, secs. 346 and 347)" on authority of act June 25, 1948, ch. 646, 62 Stat. 869, the first section of which enacted Title 28, Judiciary and Judicial Procedure. PRIOR PROVISIONS This section relates to the same subject matter as Act June 10, 1910, ch. 283, §§ 1-5, 36 Stat. 464, 465 (incorporated into the Code as former sections 415 to 419 of this title); and those sections were expressly repealed by paragraph (e) of this section which read as follows: "(e) Licenses under Act of June 10, 1910.-The Act entitled 'An Act to license customhouse brokers,' approved June 10, 1910, is hereby repealed, except that any license issued under such Act shall continue in force and effect, subject to suspension and revocation in the same manner and upon the same conditions as licenses issued pursuant to subdivision (a) of this section." Act June 10, 1910, ch. 283, § 1, 36 Stat. 464, prior to its incorporation into the Code, referred to the collector or chief officer of the customs "at any port of entry or delivery." Ports of delivery, not specifically mentioned as ports of entry, were abolished in the reorganization of the customs service by the President (see notes to section 1 of this title). Act June 10, 1910, ch. 283, § 3, 36 Stat. 465, prior to its incorporation into the Code, referred to the United States Circuit Court instead of the District Court. Section 291 of the Act of March 3, 1911, provided that any reference, in any law not embraced in that act, to the Circuit Courts, or any power or duty conferred upon them, should be deemed to refer to, and to confer such power and duty upon, the District Courts. AMENDMENTS 1970-Subsec. (b). Pub. L. 91-271 substituted references to the appropriate officer of the customs for references to the collector or chief officer of the customs wherever appearing therein. 1958-Subsec. (b). Pub. L. 85-791 in third sentence of second paragraph, substituted "transmitted by the clerk of the court to" for "served upon", eliminated "upon" preceding "any officer", "certify and" preceding "file in the court", "a transcript of" preceding "the record upon" and inserted "as provided in section 2112 of title 28", and in fourth sentence of second paragraph, substituted "petition" for "transcript". 1935-Subsec. (a). Act Aug. 26, 1935, § 3, substituted "(c)" for "(e)" in last sentence. Subsecs. (b), (c), and (d). Act Aug. 26, 1935, § 4, amended subsecs. (b), (c), and (d) generally. Subsec. (e). Act Aug. 26, 1935, § 5, repealed subsec. (e), which related to licenses under the act of June 10, 1910. CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, as amended by act May 24, 1949, substituted "court of appeals" for "circuit court of appeals". 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 an Effective Date of 1970 Amendment note under section 1500 of this title. § 1642. Omitted CODIFICATION In compliance with a request from the President on July 2, 1932, the survey authorized by this section, act June 17, 1930, ch. 497, title IV, § 642, 46 Stat. 760, was made and submitted to the President on February 28, 1933. See Tariff Commission Reports, No. 70, Second Series. § 1643 § 1643. Application of customs reorganization act The rights, privileges, powers, and duties vested in or imposed upon the Secretary of the Treasury by this chapter shall be subject to the provisions of subdivision (a) of section 2073 of this title. (June 17, 1930, ch. 497, title IV, § 643, 46 Stat. 761.) REFERENCES IN TEXT Subdivision (a) of section 2073 of this title, referred to in the text, was repealed by act Sept. 3, 1954, ch. 1263, § 10, 68 Stat. 1229. § 1644. Application of section 177 of title 49 The authority vested by section 177 of title 49 in the Secretary of the Treasury, and in the Commissioner of Customs, by regulation to provide for the application to civil air navigation of the laws and regulations relating to the administration of customs, and of the laws and regulations relating to the entry and clearance of vessels, respectively, shall extend to the application in like manner of any of the provisions of this chapter or of any regulations promulgated hereunder. (June 17, 1930, ch. 497, title IV, § 644, 46 Stat. 761; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.) REFERENCES IN TEXT Section 177 of title 49, referred to in the text, was repealed by Pub. L. 85-726, title XIV, § 1401(a), Aug. 23, 1958, 72 Stat. 806, and is now covered by section 1509 of Title 49, Transportation. TRANSFER OF FUNCTIONS All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of such officers, agencies, and employees, by Reorg. Plan No. 26, of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. The Commissioner of Customs, referred to in this section, is an officer of the Treasury Department. "Commissioner of Customs" was substituted for "Secretary of Commerce" on authority of Reorg. Plan No. 3, of 1946, set out in the Appendix to Title 5. § 1645. Transportation and interment of remains of deceased employees in foreign countries; travel or shipping expenses incurred on foreign ships (a) Transfers in foreign countries The expense of transporting the remains of customs officers and employees who die while in or in transit to foreign countries in the discharge of their official duties, to their former homes in this country for interment, and the ordinary and necessary expenses for such interment, at their posts of duty or at home, are authorized to be paid upon the written order of the Secretary of the Treasury. The expenses authorized by this subdivision shall be paid from the appropriation for the collection of the revenue from customs. (b) Transportation on foreign ships Notwithstanding the provisions of section 891r of title 46, or of any other law, any allowance, within the limitations prescribed by law, for travel or shipping expenses incurred on a foreign ship by any officer or employee of the Bureau of Customs or the Customs Service, shall be credited if the Secretary of the Treasury certifies to the Comptroller General that transportation on such foreign ship was necessary to protect the revenue. (June 17, 1930, ch. 497, title IV, § 645(a), (c), 46 Stat. 761; Aug. 2, 1946, ch. 744, § 2, 60 Stat. 807.) REFERENCES IN TEXT Section 891r of title 46, referred to in the text, was repealed by act June 29, 1936, ch. 858, § 903(c), 49 Stat. 2016, but was reenacted in substance by section 901 of that act. See section 1241 of Title 46, Shipping. CODIFICATION Section is comprised of subsecs. (a) and (c) of section 645 of act June 17, 1930. Subsec. (b) of section 645 repealed in part section 48 of this title. AMENDMENTS 1946-Subsec. (a). Act Aug. 2, 1946, eff. Nov. 1, 1946, repealed first sentence relating to traveling expenses of transferred employees, which is now covered by section 5729 of Title 5, Government Organization and Employees. CHANGE OF NAME The Bureau of Customs was redesignated the United States Customs Service by Treasury Department Order 165-23, Apr. 4, 1973, 38 F.R. 13037. TRANSFER OF FUNCTIONS All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of that Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of those officers, agencies, and employees, by Reorg. Plan No. 26, of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. The Bureau of Customs, and the Customs Service, referred to in this section, are under the Treasury Department. § 1646. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948 Section, act June 17, 1930, ch. 497, title IV, § 646, 46 Stat. 762, related to tenure and retirement of judges of United States Court of Customs and Patent Appeals, and is now covered by sections 213, 371, and 372 of Title 28, Judiciary and Judicial Procedure. § 1646a. Supervision by customs officers Wherever in this chapter any action or thing is required to be done or maintained under the supervision of customs officers, such supervision may be direct and continuous or by occasional verification as may be required by regulations of the Secretary of the Treasury, or, in the absence of such regulations for a particular case, as the principal customs officer concerned shall direct. (June 17, 1930, ch. 497, title IV, § 646, as added Aug. 8, 1953, ch. 397, § 22, 67 Stat. 520.) EFFECTIVE DATE Section effective on and after the thirtieth day following Aug. 8, 1953, see Effective Date of 1953 Amendments note set out under section 1304 of this title. § 1647. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948 Section, act June 17, 1930, ch. 497, title IV, § 647, 46 Stat. 762, which repealed that part of section 195 of act Mar. 3, 1911, ch. 231, that read as follows: "in any case in which there is drawn in question the construction of the Constitution of the United States, or any part thereof, or of any treaty made pursuant thereto, or in any other case when the Attorney General of the United States shall, before the decision of the Court of Customs Appeals is rendered, file with the court a certificate to the effect that the case is of such importance as to render expedient its review by the Supreme Court," was repealed by act June 25, 1948, which repealed section 195 of act Mar. 3, 1911, ch. 231. § 1648. Uncertified checks, United States notes, and § 1651. Repeals (a) Specific repeals The following Acts and parts of Acts are repealed, subject to the limitations provided in subdivision (c) of this section: (1) The Tariff Act of 1922, except that the repeal of sections 304 and 482 (relating to marking of imported articles and to certified invoices, respectively) shall take effect sixty days after the enactment of this chapter; (2) Section 16 of the Act entitled “An Act to remove certain burdens on the American merchant marine and encourage the American foreign carrying trade, and for other purposes", approved June 26, 1884, as amended (relating to supplies for certain vessels); All Acts and parts of Acts inconsistent with the provisions of this chapter are repealed. (c) Rights and liabilities under acts repealed or modified The repeal of existing laws or modifications or reenactments thereof embraced in this chapter shall not affect any act done, or any right accruing or accrued, or any suit or proceeding had or commenced in any civil or criminal case prior to such repeal, modifications, or reenactments, but all liabilities under such laws shall continue and may be enforced in the same manner as if such repeal, modifications, or reenactments had not been made. All offenses committed and all penalties, under any statute embraced in, or changed, modified, or repealed by this chapter, may be prosecuted and punished in the same manner and with the same effect as if this chapter had not been passed. No Acts of limitation now in force, whether applicable to civil causes and proceedings, or to the prosecution of offenses or for the recovery of penalties or forfeitures embraced in, modified, changed, or repealed by this chapter shall be affected thereby so far as they affect any suits, proceedings, or prosecutions, whether civil or criminal, for causes arising or acts done or committed prior to June 18, 1930, which may be commenced and prosecuted within the same time and with the same effect as if this chapter had not been passed. (d) Certain acts not affected Nothing in this chapter shall be construed to amend or repeal any of the following provisions of law: (1) Sections 128, 130, and 131 of this title and section 146 of title 46; (2) Subsection 2 of paragraph N of Section IV of such Act of October 3, 1913, ch. 16 (relating to the manufacture of alcohol for denaturization only); (3) Section 296 of title 5 (providing for an Assistant Attorney General in charge of customs matters); (4) The Act entitled "An Act relating to the use or disposal of vessels or vehicles forfeited to the United States for violation of the customs laws or the National Prohibition Act, and for other purposes", approved March 3, 1925; nor (5) The Antidumping Act, 1921 [19 U.S.C. 160 et seq.). (June 17, 1930, ch. 497, title IV, § 651, 46 Stat. 762.) REFERENCES IN TEXT The Tariff Act of 1922, referred to in subsec. (a)(1), is act Sept. 21, 1922, ch. 356, 42 Stat. 858. For classification of this act to the Code, see Tables Volume. Section 304 of that act was classified, prior to its repeal, to sections 132 and 133 of this title, and section 482 of that act was classified, prior to its repeal, to sections 334 to 337, 342, and 343 of this title. Section 16 of the act approved June 26, 1884, referred to in subsec. (a)(2), is section 16 of act June 26, 1884, ch. 121, 23 Stat. 57, and was classified, prior to its repeal, to section 145 of this title. The subject matter of that section is now covered by section 1309 of this title. Section 2804 of the Revised Statutes, referred to in subsec. (a)(4), was classified, prior to its repeal, to section 192 of this title. Subsection 2 of paragraph N of Section IV of act of October 3, 1913, ch. 16, referred to in subsec. (d)(2), was formerly classified to sections 487 and 488 of Title 26, Internal Revenue Code, and was repealed by act Feb. 10, 1939, ch. 2, § 4, 53 Stat. 1. Section 296 of title 5, referred to in subsec. (d)(3), was repealed in the general revision of Title 5, Government Organization and Employees, by Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 636. The office of the Assistant Attorney General in charge of customs matters was abolished by Reorg. Plan No. 4 of 1953, § 2, eff. June 20, 1953. Act of March 3, 1925, referred to in subsec. (d)(4), was repealed by act Aug. 27, 1935, ch. 740, § 308, 49 Stat. 880. The Antidumping Act, 1921, referred to in subsec. (d)(5), is act May 27, 1921, ch. 14, 42 Stat. 11, which is classified to sections 160 to 171 of this title. For complete classification of this Act to the Code, see section 171 of this title. PRIOR PROVISIONS Provisions similar to those of subd. (c) of this section were contained in Act Sept. 21, 1922, ch. 356, title IV, § 641, 42 Stat. 989. That section was superseded by section 651 of the Tariff Act of 1930, comprising this section, and was repealed by section 651(a)(1) of the 1930 Act. § 1652. Separability of provisions If any provision of this chapter, or the application thereof to any person or circumstances, is held invalid, the remainder of the chapter, and the application of such provision to other persons or circumstances, shall not be affected thereby. (June 17, 1930, ch. 497, title IV, § 652, 46 Stat. 763.) PRIOR PROVISIONS Provisions similar to those of this section were contained in Act Sept. 21, 1922, ch. 356, title IV, § 645, 42 Stat. 990. That section was superseded by section 652 of the Tariff Act of 1930, comprising this section, and was repealed by section 651(a)(1) of the 1930 Act. § 1653. Effective date of chapter Except as otherwise provided, this chapter shall take effect on June 18, 1930. (June 17, 1930, ch. 497, title IV, § 653, 46 Stat. 763.) § 1653a. Transferred CODIFICATION Section, act June 25, 1938, ch. 679, § 37, 52 Stat. 1094, related to the date of enactment of the Customs Administrative Act of 1938, and is now set out as a note under section 1401 of this title. Section was not part of Tariff Act of 1930 which constitutes this chapter. § 1654. Short title This chapter may be cited as the "Tariff Act of 1930." 1703. Seizure and forfeiture of vessels. (a) Vessels subject to seizure and forfeiture. (b) "Vessels of the United States." (c) Acts constituting prima facie evidence vessel engaged in smuggling. 1704. Refusal or revocation of registry, enrollment, license or number on evidence that vessel engaging in smuggling; appeal; immunity from liability. 1705. Destruction of forfeited vessel or vehicle. 1706. Importation in vessels under thirty tons and aircraft; licenses; labels as prima facie evidence of foreign origin of merchandise. 1707. Certificate for importation of alcoholic liquors in small vessels; bond where liquor destined to foreign port; penalty for failure to carry; lost, defaced, or incorrect certificate as relieving from penalty. 1708. Lading vessel in foreign port with liquor for ìmportation. (a) Allowing lading without certificate for 1709. Definitions 1710. Separability of provisions. 1711. Citation of chapter. CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1581, 1587 of this title. § 1701. Customs-enforcement area (a) Establishment; extent and duration; enforcement of laws applicable to waters adjacent to customs waters Whenever the President finds and declares that at any place or within any area on the high seas adjacent to but outside customs waters any vessel or vessels hover or are being kept off the coast of the United States and that, by virtue of the presence of any such vessel or vessels at such place or within such area, the unlawful introduction or removal into or from the United States of any merchandise or person is being or may be occasioned, promoted, or threatened, the place or area so found and declared shall constitute a customsenforcement area for the purposes of this Act. Only such waters on the high seas shall be within a customs-enforcement area as the President finds and declares are in such proximity to such vessel or vessels that such unlawful introduction or removal of merchandise or persons may be carried on by or to or from such vessel or vessels. No customs-enforcement area shall include any waters more than one hundred nautical miles from the place or immedi ate area where the President declares such |