Supporting U.S.C.

§ 1630

TITLE 19—CUSTOMS DUTIES

(2) any person who in any matter before a
foreign customs official stationed in the
United States knowingly and willfully falsifies, conceals, or covers up by any trick,
scheme, or device a material fact, or makes
any false, fictitious or fraudulent statements
or representations, or makes or uses any false
writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, is liable for a fine of not more
than $10,000 or imprisonment for not more
than 5 years, or both.
(June 17, 1930, ch. 497, title IV, § 629, as added
Oct. 27, 1986, Pub. L. 99–570, title III, § 3128, 100
Stat. 3207–89.)

Page 244

(1) the Secretary retains the authority to resolve a dispute, compromise a claim, end collection action, and refer a matter to the Attorney General to bring a civil action; and
(2) the person is subject to—
(A) section 552a of title 5 to the extent provided in subsection (m) of such section; and
(B) laws and regulations of the United
States Government and State governments
related to debt collection practices.
(June 17, 1930, ch. 497, title IV, § 631, as added
Dec. 8, 1993, Pub. L. 103–182, title VI, § 671, 107
Stat. 2217.)
REFERENCES IN TEXT

REFERENCES IN TEXT

The customs laws, referred to in subsec. (a), are classified generally to this title.

The customs laws of the United States and the customs law, referred to in subsecs. (c) and (d), are classified generally to this title.

PART VI—MISCELLANEOUS PROVISIONS

§ 1630. Authority to settle claims
(a) In general
With respect to a claim that cannot be settled
under chapter 171 of title 28, the Secretary may
settle, for not more than $50,000 in any one case,
a claim for damage to, or loss of, privately
owned property caused by an investigative or
law enforcement officer (as defined in section
2680(h) of title 28) who is employed by the Customs Service and acting within the scope of his
or her employment.
(b) Limitations
The Secretary may not pay a claim under subsection (a) that—
(1) concerns commercial property;
(2) is presented to the Secretary more than
1 year after it occurs; or
(3) is presented by an officer or employee of
the United States Government and arose within the scope of employment.
(c) Final settlement
A claim may be paid under this section only if
the claimant accepts the amount of settlement
in complete satisfaction of the claim.
(June 17, 1930, ch. 497, title IV, § 630, as added
Dec. 8, 1993, Pub. L. 103–182, title VI, § 670, 107
Stat. 2216.)
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 31 section 9703.

§ 1631. Use of private collection agencies
(a) In general
Notwithstanding any other provision of law,
the Secretary, under such terms and conditions
as the Secretary considers appropriate, shall
enter into contracts and incur obligations with
one or more persons for collection services to recover indebtedness arising under the customs
laws and owed the United States Government,
but only after the Customs Service has exhausted all administrative efforts, including all
claims against applicable surety bonds, to collect the indebtedness.
(b) Contract requirements
Any contract entered into under subsection (a)
of this section shall provide that—

§ 1641. Customs brokers
(a) Definitions
As used in this section:
(1) The term ‘‘customs broker’’ means any
person granted a customs broker’s license by
the Secretary under subsection (b) of this section.
(2) The term ‘‘customs business’’ means
those activities involving transactions with
the Customs Service concerning the entry and
admissibility of merchandise, its classification
and valuation, the payment of duties, taxes, or
other charges assessed or collected by the Customs Service upon merchandise by reason of
its importation, or the refund, rebate, or drawback thereof. It also includes the preparation
of documents or forms in any format and the
electronic transmission of documents, invoices, bills, or parts thereof, intended to be
filed with the Customs Service in furtherance
of such activities, whether or not signed or
filed by the preparer, or activities relating to
such preparation, but does not include the
mere electronic transmission of data received
for transmission to Customs.
(3) The term ‘‘Secretary’’ means the Secretary of the Treasury.
(b) Customs broker’s licenses
(1) In general
No person may conduct customs business
(other than solely on behalf of that person) unless that person holds a valid customs broker’s
license issued by the Secretary under paragraph (2) or (3).
(2) Licenses for individuals
The Secretary may grant an individual a
customs broker’s license only if that individual is a citizen of the United States. Before
granting the license, the Secretary may require an applicant to show any facts deemed
necessary to establish that the applicant is of
good moral character and qualified to render
valuable service to others in the conduct of
customs business. In assessing the qualifications of an applicant, the Secretary may conduct an examination to determine the applicant’s knowledge of customs and related laws,
regulations and procedures, bookkeeping, accounting, and all other appropriate matters.

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TITLE 19—CUSTOMS DUTIES

(3) Licenses for corporations, etc.
The Secretary may grant a customs broker’s
license to any corporation, association, or
partnership that is organized or existing under
the laws of any of the several States of the
United States if at least one officer of the corporation or association, or one member of the
partnership, holds a valid customs broker’s license granted under paragraph (2).
(4) Duties
A customs broker shall exercise responsible
supervision and control over the customs business that it conducts.
(5) Lapse of license
The failure of a customs broker that is licensed as a corporation, association, or partnership under paragraph (3) to have, for any
continuous period of 120 days, at least one officer of the corporation or association, or at
least one member of the partnership, validly
licensed under paragraph (2) shall, in addition
to causing the broker to be subject to any
other sanction under this section (including
paragraph (6)), result in the revocation by operation of law of its license.
(6) Prohibited acts
Any person who intentionally transacts customs business, other than solely on the behalf
of that person, without holding a valid customs broker’s license granted to that person
under this subsection shall be liable to the
United States for a monetary penalty not to
exceed $10,000 for each such transaction as well
as for each violation of any other provision of
this section. This penalty shall be assessed in
the same manner and under the same procedures as the monetary penalties provided for
in subsection (d)(2)(A) of this section.
(c) Customs broker’s permits
(1) In general
Each person granted a customs broker’s license under subsection (b) of this section shall
be issued, in accordance with such regulations
as the Secretary shall prescribe, either or both
of the following:
(A) A national permit for the conduct of
such customs business as the Secretary prescribes by regulation.
(B) A permit for each customs district in
which that person conducts customs business and, except as provided in paragraph
(2), regularly employs at least 1 individual
who is licensed under subsection (b)(2) of
this section to exercise responsible supervision and control over the customs business
conducted by that person in that district.
(2) Exception
If a person granted a customs broker’s license under subsection (b) of this section can
demonstrate to the satisfaction of the Secretary that—
(A) he regularly employs in the region in
which that district is located at least one individual who is licensed under subsection
(b)(2) of this section, and
(B) that sufficient procedures exist within
the company for the person employed in that

§ 1641

region to exercise responsible supervision
and control over the customs business conducted by that person in that district,
the Secretary may waive the requirement in
paragraph (1)(B).
(3) Lapse of permit
The failure of a customs broker granted a
permit under paragraph (1) to employ, for any
continuous period of 180 days, at least one individual who is licensed under subsection (b)(2)
of this section within the district or region (if
paragraph (2) applies) for which a permit was
issued shall, in addition to causing the broker
to be subject to any other sanction under this
section (including any in subsection (d) of this
section), result in the revocation by operation
of law of the permit.
(4) Appointment of subagents
Notwithstanding subsection (c)(1) of this
section, upon the implementation by the Secretary under section 1413(b)(2) of this title of
the component of the National Customs Automation Program referred to in section
1411(a)(2)(B) of this title, a licensed broker
may appoint another licensed broker holding a
permit in a customs district to act on its behalf as its subagent in that district if such activity relates to the filing of information that
is permitted by law or regulation to be filed
electronically. A licensed broker appointing a
subagent pursuant to this paragraph shall remain liable for any and all obligations arising
under bond and any and all duties, taxes, and
fees, as well as any other liabilities imposed
by law, and shall be precluded from delegating
to a subagent such liability.
(d) Disciplinary proceedings
(1) General rule
The Secretary may impose a monetary penalty in all cases with the exception of the infractions described in clause (iii) of subparagraph (B) of this subsection, or revoke or suspend a license or permit of any customs
broker, if it is shown that the broker—
(A) has made or caused to be made in any
application for any license or permit under
this section, or report filed with the Customs Service, any statement which was, at
the time and in light of the circumstances
under which it was made, false or misleading
with respect to any material fact, or has
omitted to state in any such application or
report any material fact which was required
to be stated therein;
(B) has been convicted at any time after
the filing of an application for license under
subsection (b) of this section of any felony
or misdemeanor which the Secretary finds—
(i) involved the importation or exportation of merchandise;
(ii) arose out of the conduct of its customs business; or
(iii) involved larceny, theft, robbery, extortion, forgery, counterfeiting, fraudulent
concealment, embezzlement, fraudulent
conversion, or misappropriation of funds;
(C) has violated any provision of any law
enforced by the Customs Service or the rules

§ 1641

TITLE 19—CUSTOMS DUTIES

or regulations issued under any such provision;
(D) has counseled, commanded, induced,
procured, or knowingly aided or abetted the
violations by any other person of any provision of any law enforced by the Customs
Service, or the rules or regulations issued
under any such provision;
(E) has knowingly employed, or continues
to employ, any person who has been convicted of a felony, without written approval
of such employment from the Secretary; or
(F) has, in the course of its customs business, with intent to defraud, in any manner
willfully and knowingly deceived, misled or
threatened any client or prospective client.
(2) Procedures
(A) Monetary penalty
Unless action has been taken under subparagraph (B), the appropriate customs officer shall serve notice in writing upon any
customs broker to show cause why the
broker should not be subject to a monetary
penalty not to exceed $30,000 in total for a
violation or violations of this section. The
notice shall advise the customs broker of the
allegations or complaints against him and
shall explain that the broker has a right to
respond to the allegations or complaints in
writing within 30 days of the date of the notice. Before imposing a monetary penalty,
the customs officer shall consider the allegations or complaints and any timely response
made by the customs broker and issue a
written decision. A customs broker against
whom a monetary penalty has been issued
under this section shall have a reasonable
opportunity under section 1618 of this title
to make representations seeking remission
or mitigation of the monetary penalty. Following the conclusion of any proceeding
under section 1618 of this title, the appropriate customs officer shall provide to the
customs broker a written statement which
sets forth the final determination and the
findings of fact and conclusions of law on
which such determination is based.
(B) Revocation or suspension
The Customs Service may, for good and
sufficient reason, serve notice in writing
upon any customs broker to show cause why
a license or permit issued under this section
should not be revoked or suspended. The notice shall be in the form of a statement specifically setting forth the grounds of the
complaint, and shall allow the customs
broker 30 days to respond. If no response is
filed, or the Customs Service determines
that the revocation or suspension is still
warranted, it shall notify the customs
broker in writing of a hearing to be held
within 30 days, or at a later date if the
broker requests an extension and shows good
cause therefor, before an administrative law
judge appointed pursuant to section 3105 of
title 5 who shall serve as the hearing officer.
If the customs broker waives the hearing, or
the broker or his designated representative
fails to appear at the appointed time and

Page 246

place, the hearing officer shall make findings and recommendations based on the
record submitted by the parties. At the hearing, the customs broker may be represented
by counsel, and all proceedings, including
the proof of the charges and the response
thereto shall be presented with testimony
taken under oath and the right of cross-examination accorded to both parties. A transcript of the hearing shall be made and a
copy will be provided to the Customs Service
and the customs broker; which shall thereafter be provided reasonable opportunity to
file a post-hearing brief. Following the conclusion of the hearing, the hearing officer
shall transmit promptly the record of the
hearing along with the findings of fact and
recommendations to the Secretary for decision. The Secretary will issue a written decision, based solely on the record, setting
forth his findings of fact and the reasons for
the decision. Such decision may provide for
the sanction contained in the notice to show
cause or any lesser sanction authorized by
this subsection, including a monetary penalty not to exceed $30,000, than was contained in the notice to show cause.
(3) Settlement and compromise
The Secretary may settle and compromise
any disciplinary proceeding which has been instituted under this subsection according to the
terms and conditions agreed to by the parties,
including but not limited to the reduction of
any proposed suspension or revocation to a
monetary penalty.
(4) Limitation of actions
Notwithstanding section 1621 of this title, no
proceeding under this subsection or subsection
(b)(6) of this section shall be commenced unless such proceeding is instituted by the appropriate service of written notice within 5
years from the date the alleged violation was
committed; except that if the alleged violation consists of fraud, the 5-year period of limitation shall commence running from the time
such alleged violation was discovered.
(e) Judicial appeal
(1) In general
A customs broker, applicant, or other person
directly affected may appeal any decision of
the Secretary denying or revoking a license or
permit under subsection (b) or (c) of this section, or revoking or suspending a license or
permit or imposing a monetary penalty in lieu
thereof under subsection (d)(2)(B) of this section, by filing in the Court of International
Trade, within 60 days after the issuance of the
decision or order, a written petition requesting that the decision or order be modified or
set aside in whole or in part. A copy of the petition shall be transmitted promptly by the
clerk of the court to the Secretary or his designee. In cases involving revocation or suspension of a license or permit or imposition of a
monetary penalty in lieu thereof under subsection (d)(2)(B) of this section, after receipt of
the petition, the Secretary shall file in court
the record upon which the decision or order
complained of was entered, as provided in section 2635(d) of title 28.

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TITLE 19—CUSTOMS DUTIES

(2) Consideration of objections
The court shall not consider any objection
to the decision or order of the Secretary, or to
the introduction of evidence or testimony, unless that objection was raised before the hearing officer in suspension or revocation proceedings unless there were reasonable grounds
for failure to do so.
(3) Conclusiveness of findings
The findings of the Secretary as to the facts,
if supported by substantial evidence, shall be
conclusive.
(4) Additional evidence
If any party applies to the court for leave to
present additional evidence and the court is
satisfied that the additional evidence is material and that reasonable grounds existed for
the failure to present the evidence in the proceedings before the hearing officer, the court
may order the additional evidence to be taken
before the hearing officer and to be presented
in a manner and upon the terms and conditions prescribed by the court. The Secretary
may modify the findings of facts on the basis
of the additional evidence presented. The Secretary shall then file with the court any new
or modified findings of fact which shall be conclusive if supported by substantial evidence,
together with a recommendation, if any, for
the modification or setting aside of the original decision or order.
(5) Effect of proceedings
The commencement of proceedings under
this subsection shall, unless specifically ordered by the court, operate as a stay of the decision of the Secretary except in the case of a
denial of a license or permit.
(6) Failure to appeal
If an appeal is not filed within the time limits specified in this section, the decision by
the Secretary shall be final and conclusive. In
the case of a monetary penalty imposed under
subsection (d)(2)(B) of this section, if the
amount is not tendered within 60 days after
the decision becomes final, the license shall
automatically be suspended until payment is
made to the Customs Service.
(f) Regulations by the Secretary
The Secretary may prescribe such rules and
regulations relating to the customs business of
customs brokers as the Secretary considers necessary to protect importers and the revenue of
the United States, and to carry out the provisions of this section, including rules and regulations governing the licensing of or issuance of
permits to customs brokers, the keeping of
books, accounts, and records by customs brokers, and documents and correspondence, and
the furnishing by customs brokers of any other
information relating to their customs business
to any duly accredited officer or employee of the
Customs Service. The Secretary may not prohibit customs brokers from limiting their liability to other persons in the conduct of customs
business. For purposes of this subsection or any
other provision of this chapter pertaining to recordkeeping, all data required to be retained by a

§ 1641

customs broker may be kept on microfilm, optical disc, magnetic tapes, disks or drums, video
files or any other electrically generated medium. Pursuant to such regulations as the Secretary shall prescribe, the conversion of data to
such storage medium may be accomplished at
any time subsequent to the relevant customs
transaction and the data may be retained in a
centralized basis according to such broker’s
business system.
(g) Triennial reports by customs brokers
(1) In general
On February 1, 1985, and on February 1 of
each third year thereafter, each person who is
licensed under subsection (b) of this section
shall file with the Secretary of the Treasury a
report as to—
(A) whether such person is actively engaged in business as a customs broker; and
(B) the name under, and the address at,
which such business is being transacted.
(2) Suspension and revocation
If a person licensed under subsection (b) of
this section fails to file the required report by
March 1 of the reporting year, the license is
suspended, and may be thereafter revoked subject to the following procedures:
(A) The Secretary shall transmit written
notice of suspension to the licensee no later
than March 31 of the reporting year.
(B) If the licensee files the required report
within 60 days of receipt of the Secretary’s
notice, the license shall be reinstated.
(C) In the event the required report is not
filed within the 60-day period, the license
shall be revoked without prejudice to the filing of an application for a new license.
(h) Fees and charges
The Secretary may prescribe reasonable fees
and charges to defray the costs of the Customs
Service in carrying out the provisions of this
section, including, but not limited to, a fee for
licenses issued under subsection (b) of this section and fees for any test administered by him
or under his direction; except that no separate
fees shall be imposed to defray the costs of an
individual audit or of individual disciplinary
proceedings of any nature.
(i) Compensation of ocean freight forwarders
(1) In general
Notwithstanding any other provision of law,
no conference or group of two or more ocean
common carriers in the foreign commerce of
the United States that is authorized to agree
upon the level of compensation paid to ocean
freight forwarders may—
(A) deny to any member of such conference
or group the right, upon notice of not more
than 10 calendar days, to take independent
action on any level of compensation paid to
an ocean freight forwarder who is also a customs broker, and
(B) agree to limit the payment of compensation to an ocean freight forwarder who
is also a customs broker to less than 1.25
percent of the aggregate of all rates and
charges applicable under the tariff assessed
against the cargo on which the forwarding
services are provided.

§ 1641

TITLE 19—CUSTOMS DUTIES

(2) Administration
The provisions of this subsection shall be enforced by the agency responsible for administration of the Shipping Act of 1984 [46 App.
U.S.C. 1701 et seq.].
(3) Remedies
Any person injured by reason of a violation
of paragraph (1) may, in addition to any other
remedy, file a complaint for reparation as provided in section 11 of the Shipping Act of 1984
[46 App. U.S.C. 1710], which may be enforced
pursuant to section 14 of such Act [46 App.
U.S.C. 1713].
(4) Definitions
For purposes of this subsection, the terms
‘‘conference’’, ‘‘ocean common carrier’’, and
‘‘ocean freight forwarder’’ have the respective
meaning given to such terms by section 3 of
the Shipping Act of 1984 [46 App. U.S.C. 1702].
(June 17, 1930, ch. 497, title IV, § 641, 46 Stat. 759;
Aug. 26, 1935, ch. 689, §§ 3–5, 49 Stat. 864, 865; 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;
Oct. 3, 1978, Pub. L. 95–410, title I, § 113, 92 Stat.
898; Oct. 10, 1980, Pub. L. 96–417, title VI, § 611, 94
Stat. 1746; Oct. 30, 1984, Pub. L. 98–573, title II,
§ 212(a), 98 Stat. 2978; Oct. 22, 1986, Pub. L. 99–514,
title XVIII, § 1888(8), 100 Stat. 2925; Dec. 8, 1993,
Pub. L. 103–182, title VI, § 648, 107 Stat. 2207.)
REFERENCES IN TEXT
The Shipping Act of 1984, referred to in subsec. (i)(2),
is Pub. L. 98–237, Mar. 20, 1984, 98 Stat. 67, as amended,
which is classified principally to chapter 36 (§ 1701 et
seq.) of Title 46, Appendix, Shipping. For complete classification of this Act to the Code, see Short Title note
set out under section 1701 of Title 46, Appendix, and
Tables.
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 Mar. 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
1993—Subsec. (a)(2). Pub. L. 103–182, § 648(1), inserted
at end ‘‘It also includes the preparation of documents
or forms in any format and the electronic transmission
of documents, invoices, bills, or parts thereof, intended

Page 248

to be filed with the Customs Service in furtherance of
such activities, whether or not signed or filed by the
preparer, or activities relating to such preparation, but
does not include the mere electronic transmission of
data received for transmission to Customs.’’
Subsec. (c)(1). Pub. L. 103–182, § 648(2), amended par.
(1) generally. Prior to amendment, par. (1) read as follows: ‘‘Each person granted a customs broker’s license
under subsection (b) of this section shall—
‘‘(A) be issued a permit, in accordance with regulations prescribed under this section, for each customs
district in which that person conducts customs business; and
‘‘(B) except as provided in paragraph (2), regularly
employ in each customs district for which a permit is
so issued at least one individual who is licensed under
subsection (b)(2) of this section to exercise responsible supervision and control over the customs business conducted by that person in that district.’’
Subsec. (c)(4). Pub. L. 103–182, § 648(3), added par. (4).
Subsec. (d)(2)(B). Pub. L. 103–182, § 648(4), in first sentence, substituted ‘‘Customs Service’’ for ‘‘appropriate
customs officer’’, in third sentence, substituted ‘‘Customs Service’’ for ‘‘appropriate customs officer’’, ‘‘it
shall notify’’ for ‘‘he shall notify’’, and ‘‘30’’ for ‘‘15’’, in
sixth sentence, substituted ‘‘the Customs Service and
the customs broker; which’’ for ‘‘the appropriate customs officer and the customs broker; they’’, in the seventh sentence, substituted ‘‘the findings of fact’’ for
‘‘his findings of fact’’, and in the eighth sentence, substituted ‘‘for the decision’’ for ‘‘for his decision’’.
Subsec. (f). Pub. L. 103–182, § 648(5), substituted ‘‘Customs Service. The Secretary may not prohibit customs
brokers from limiting their liability to other persons in
the conduct of customs business. For purposes of this
subsection or any other provision of this Act pertaining
to recordkeeping, all data required to be retained by a
customs broker may be kept on microfilm, optical disc,
magnetic tapes, disks or drums, video files or any other
electrically generated medium. Pursuant to such regulations as the Secretary shall prescribe, the conversion
of data to such storage medium may be accomplished
at any time subsequent to the relevant customs transaction and the data may be retained in a centralized
basis according to such broker’s business system.’’ for
‘‘United States Customs Service.’’
1986—Subsec. (i). Pub. L. 99–514 added subsec. (i).
1984—Pub. L. 98–573 amended section generally, substituting provisions relating to customs broker’s licenses and permits for provisions relating to licensing
of customhouse brokers.
1980—Subsec. (b). Pub. L. 96–417, in second par., substituted in second sentence ‘‘filing, in the Court of
International Trade’’ for ‘‘filing, in the circuit 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’’ and struck out penultimate sentence which read as follows: ‘‘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 1254 of title 28.’’
1978—Subsec. (e). Pub. L. 95–410 added subsec. (e).
1970—Subsec. (b). Pub. L. 91–271 substituted references to appropriate officer of the customs for references to collector or chief officer of customs wherever appearing.
1958—Subsec. (b). Pub. L. 85–791 in third sentence of
second par., substituted ‘‘transmitted by the clerk of
the court to’’ for ‘‘served upon’’, struck out ‘‘upon’’ before ‘‘any officer’’, ‘‘certify and’’ before ‘‘file in the
court’’, ‘‘a transcript of’’ before ‘‘the record upon’’ and
inserted ‘‘as provided in section 2112 of title 28’’, and in
fourth sentence of second par., substituted ‘‘petition’’
for ‘‘transcript’’.
1935—Subsec. (a). Act Aug. 26, 1935, § 3, substituted
‘‘(c)’’ for ‘‘(e)’’ in last sentence.
Subsecs. (b) to (d). Act Aug. 26, 1935, § 4, amended subsecs. (b) to (d) generally.

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Subsec. (e). Act Aug. 26, 1935, § 5, repealed subsec. (e)
which related to licenses under the act of June 10, 1910.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–573 effective on close of
180th day following Oct. 30, 1984, with certain exceptions, except that subsec. (c)(1)(B), (2) of this section
shall take effect three years after Oct. 30, 1984, see section 214(d) of Pub. L. 98–573, set out as a note under section 1304 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96–417 applicable with respect
to civil actions commenced on or after Nov. 1, 1980, see
section 701(b)(2) 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.
PLAN AMENDMENTS NOT REQUIRED UNTIL
JANUARY 1, 1989
For provisions directing that if any amendments
made by subtitle A or subtitle C of title XI [§§ 1101–1147
and 1171–1177] or title XVIII [§§ 1801–1899A] of Pub. L.
99–514 require an amendment to any plan, such plan
amendment shall not be required to be made before the
first plan year beginning on or after Jan. 1, 1989, see
section 1140 of Pub. L. 99–514, as amended, set out as a
note under section 401 of Title 26, Internal Revenue
Code.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 58c, 1484, 1509 of
this title; title 28 sections 1581, 2631, 2636, 2640, 2643.

(b) For purposes of section 1518(d) of title 33,
the term ‘‘customs laws administered by the
Secretary of the Treasury’’ shall mean this
chapter and any other provisions of law classified to this title.
(June 17, 1930, ch. 497, title IV, § 644, 46 Stat. 761;
Oct. 17, 1980, Pub. L. 96–467, § 21(2), (3), 94 Stat.
2228; Oct. 12, 1984, Pub. L. 98–473, title II, § 322, 98
Stat. 2056.)
REFERENCES IN TEXT
The Anti-Smuggling Act of 1935, referred to in subsec.
(a), probably means the Anti-Smuggling Act which is
act Aug. 5, 1935, ch. 438, 49 Stat. 517, as amended, which
is classified principally to chapter 5 (§ 1701 et seq.) of
this title. For complete classification of this Act to the
Code, see section 1711 of this title and Tables.
CODIFICATION
In subsec. (a), ‘‘section 1644a(b)(1) of this title’’ substituted for ‘‘section 1109 of the Federal Aviation Act of
1958 (49 U.S.C. 1509)’’ on authority of Pub. L. 103–272,
§ 6(b), July 5, 1994, 108 Stat. 1378, the first section of
which enacted subtitles II, III, and V to X of Title 49,
Transportation.
AMENDMENTS
1984—Subsec. (a). Pub. L. 98–473 substituted reference
to section 1509 of title 49, Appendix, for reference to
section 177 of former title 49, struck out reference to
the Commissioner of Customs, and inserted reference
to the Anti-Smuggling Act of 1935.
Subsec. (b). Pub. L. 98–473 reenacted subsec. (b) without change.
1980—Pub. L. 96–467 designated existing provisions as
subsec. (a) and added subsec. (b).
SECTION REFERRED TO IN OTHER SECTIONS

§ 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. 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 text, was repealed by act Sept. 3, 1954, ch. 1263, § 10,
68 Stat. 1229.

§ 1644. Application of section 1644a(b)(1) of this
title and section 1518(d) of title 33
(a) The authority vested by section 1644a(b)(1)
of this title in the Secretary of the Treasury, 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, shall extend to the application in like manner of any of the provisions of
this chapter, or of the Anti-Smuggling Act of
1935 [19 U.S.C. 1701 et seq.], or of any regulations
promulgated hereunder.

This section is referred to in sections 1436, 1459 of this
title.

§ 1644a. Ports of entry
(a) Definitions
The definitions in section 40102(a) of title 49
apply to this section.
(b) Secretary of the Treasury
(1) The Secretary of the Treasury may—
(A) designate ports of entry in the United
States for civil aircraft arriving in the United
States from a place outside the United States
and property transported on that aircraft;
(B) detail to ports of entry officers and employees of the United States Customs Service
the Secretary considers necessary;
(C) give an officer or employee of the United
States Government stationed at a port of
entry (with the consent of the head of the department, agency, or instrumentality of the
Government with jurisdiction over the officer
or employee) duties and powers of officers or
employees of the Customs Service;
(D) by regulation, apply to civil air navigation the laws and regulations on carrying out
the customs laws, to the extent and under conditions the Secretary considers necessary; and
(E) by regulation, apply to civil aircraft the
laws and regulations on entry and clearance of
vessels, to the extent and under conditions the
Secretary considers necessary.
(2) A person violating a customs regulation
prescribed under paragraph (1)(A)–(D) of this