Supporting U.S.C.

§ 1528

TITLE 19—CUSTOMS DUTIES

sion shall be subject to seizure and forfeiture
under the customs laws. Any such article so forfeited may, in the discretion of the Secretary of
the Treasury and under such regulations as he
may prescribe, be placed with the departments
or bureaus of the Federal or State Governments,
or with societies or museums, for exhibition or
scientific or educational purposes, or destroyed,
or (except in the case of heads or horns of wild
mammals) sold in the manner provided by law.
(c) Section not to apply in certain cases
The provisions of this section shall not apply
in the case of—
(1) Prohibited importations
Articles the importation of which is prohibited under the provisions of this chapter, or of
section 42(a) of title 18, or of any other law;
(2) Scientific or educational purposes
Wild mammals or birds, alive or dead, or
parts or products thereof, whether raw or
manufactured, imported for scientific or educational purposes;
(3) Certain migratory game birds
Migratory game birds (for which an open
season is provided by the laws of the United
States and any foreign country which is a
party to a treaty with the United States, in effect on the date of importation, relating to the
protection of such migratory game birds)
brought into the United States by bona fide
sportsmen returning from hunting trips in
such country, if at the time of importation the
possession of such birds is not prohibited by
the laws of such country or of the United
States.
(June 17, 1930, ch. 497, title IV, § 527, 46 Stat. 741.)
CODIFICATION
In subsec. (c)(1), ‘‘section 42(a) of title 18’’ substituted
for ‘‘section 241 of the Criminal Code [18 U.S.C. 391]’’ on
authority of act June 25, 1948, ch. 645, 62 Stat. 683, the
first section of which enacted Title 18, Crimes and
Criminal Procedure.

§ 1528. Taxes not to be construed as duties
No tax or other charge imposed by or pursuant
to any law of the United States shall be construed to be a customs duty for the purpose of
any statute relating to the customs revenue, unless the law imposing such tax or charge designates it as a customs duty or contains a provision to the effect that it shall be treated as a
duty imposed under the customs laws. Nothing
in this section shall be construed to limit or restrict the jurisdiction of the United States
Court of International Trade or the United
States Court of Appeals for the Federal Circuit.
(June 17, 1930, ch. 497, title IV, § 528, as added
June 25, 1938, ch. 679, § 20, 52 Stat. 1087; amended
Pub. L. 96–417, title VI, § 601(8), Oct. 10, 1980, 94
Stat. 1744; Pub. L. 97–164, title I, § 163(a)(3), Apr.
2, 1982, 96 Stat. 49.)
AMENDMENTS
1982—Pub. L. 97–164 substituted ‘‘Court of Appeals for
the Federal Circuit’’ for ‘‘Court of Customs and Patent
Appeals’’.
1980—Pub. L. 96–417 redesignated the United States
Customs Court as the United States Court of International Trade.

Page 216

EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97–164 effective Oct. 1, 1982,
see section 402 of Pub. L. 97–164, set out as a note under
section 171 of Title 28, Judiciary and Judicial Procedure.
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
Section effective on thirtieth day following June 25,
1938, except as otherwise specifically provided, see section 37 of act June 25, 1938, set out as an Effective Date
of 1938 Amendment note under section 1401 of this title.

§ 1529. Collection of fees on behalf of other agencies
The Customs Service shall be reimbursed from
the fees collected for the cost and expense, administrative and otherwise, incurred in collecting any fees on behalf of any government 1 agency for any reason.
(June 17, 1930, ch. 497, title IV, § 529, as added
Pub. L. 103–182, title VI, § 669, Dec. 8, 1993, 107
Stat. 2216.)
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 November 25, 2002, as modified, set out as a note under section
542 of Title 6.

PART IV—TRANSPORTATION IN BOND AND
WAREHOUSING OF MERCHANDISE
§ 1551. Designation as carrier of bonded merchandise
Under such regulations and subject to such
terms and conditions as the Secretary of the
Treasury shall prescribe—
(1) any common carrier of merchandise owning or operating a railroad, steamship, or
other transportation line or route for the
transportation of merchandise in the United
States,
(2) any contract carrier authorized to operate as such by any agency of the United
States, and
(3) any freight forwarder authorized to operate as such by any agency of the United
States,
upon application, may, in the discretion of the
Secretary, be designated as a carrier of bonded
merchandise for the final release of which from
customs custody a permit has not been issued. A
private carrier, upon application, may, in the
discretion of the Secretary, be designated under
the preceding sentence as a carrier of bonded
merchandise, subject to such regulations and, in
the case of each applicant, to such special terms
1 So

in original. Probably should be capitalized.

Page 217

§ 1553

TITLE 19—CUSTOMS DUTIES

and conditions as the Secretary may prescribe
to safeguard the revenues of the United States
with respect to the transportation of bonded
merchandise by such applicant.
(June 17, 1930, ch. 497, title IV, § 551, 46 Stat. 742;
Dec. 28, 1945, ch. 605, 59 Stat. 667; Pub. L. 87–598,
Aug. 24, 1962, 76 Stat. 400; Pub. L. 87–854, Oct. 23,
1962, 76 Stat. 1130; Pub. L. 90–240, § 3, Jan. 2, 1968,
81 Stat. 776.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in act Sept. 21, 1922, ch. 356, title IV, § 551, 42
Stat. 975. That section was superseded by section 551 of
act June 17, 1930, comprising this section, and repealed
by section 651(a)(1) of the 1930 act.
Prior provisions concerning transportation of merchandise in bond without appraisement to another port
of entry were contained in the Immediate Transportation Act of June 10, 1880, ch. 190, 21 Stat. 173, as
amended, section 3 of which required the merchandise
to be transported by carriers designated by the Secretary of the Treasury, and required them to give bonds
as the Secretary should require. That act was repealed
by act Sept. 21, 1922, ch. 356, title IV, § 643, 42 Stat. 989.
AMENDMENTS
1968—Pub. L. 90–240 provided that a private carrier,
upon application, could, in the discretion of the Secretary, be designated as a carrier of bonded merchandise, subject to regulations, terms, and conditions prescribed by the Secretary, safeguard the revenues of the
United States with respect to the transportation of
bonded merchandise by such applicant.
1962—Pub. L. 87–854 included any contract carrier authorized to operate as such by any agency of the United
States.
Pub. L. 87–598 substituted ‘‘authorized to operate as
such by any agency of the United States,’’ for ‘‘, as defined in section 1002(5) of title 49.’’
1945—Act Dec. 28, 1945, substituted ‘‘Under such regulations and subject to such terms and conditions as the
Secretary of the Treasury shall prescribe, any common
carrier of merchandise owning or operating a railroad,
steamship, or other transportation line or route for the
transportation of merchandise in the United States, or
any freight forwarder, as defined in section 1002(5) of
title 49, upon application, may, in the discretion of the
Secretary’’ for ‘‘Any common carrier of merchandise
owning or operating railroad, steamship, or other
transportation lines or routes for the transportation of
merchandise in the United States, upon application and
the filing of a bond in a form and penalty and with such
sureties as may be approved by the Secretary of the
Treasury, may’’.

§ 1551a. Bonded cartmen or lightermen
The Secretary of the Treasury be, and he is,
authorized, when it appears to him to be in the
interest of commerce, and notwithstanding any
provision of law or regulation requiring that the
transportation of imported merchandise be by a
bonded common carrier, to permit such merchandise which has been entered and examined
for customs purposes to be transported by bonded cartmen or bonded lightermen between the
ports of New York, Newark, and Perth Amboy,
which are all included in Customs Collection
District Numbered 10 (New York): Provided, That
this resolution shall not be construed to deprive
any of the ports affected of its rights and privileges as a port of entry.
(June 19, 1936, ch. 611, 49 Stat. 1538.)
CODIFICATION
Section was not enacted as part of Tariff Act of 1930
which comprises this chapter.

§ 1552. Entry for immediate transportation
Any merchandise, other than explosives and
merchandise the importation of which is prohibited, arriving at a port of entry in the United
States may be entered, under such rules and regulations as the Secretary of the Treasury may
prescribe, for transportation in bond without appraisement to any other port of entry designated by the consignee, or his agent, and by
such bonded carrier as he designates, there to be
entered in accordance with the provisions of this
chapter.
(June 17, 1930, ch. 497, title IV, § 552, 46 Stat. 742.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in act Sept. 21, 1922, ch. 356, title IV, § 552, 42
Stat. 975. That section was superseded by section 552 of
act June 17, 1930, comprising this section, and repealed
by section 651(a)(1) of the 1930 act.
Prior provisions for transportation in bond without
appraisement of merchandise with certain exceptions,
when imported at certain named ports and destined for
certain ports, were contained in act June 10, 1880, ch.
190, §§ 1 (as amended by act June 14, 1880, ch. 214, and
act June 20, 1884, ch. 103) 2, 7, and 9, 21 Stat. 173, 174, 175.
Sections 5 (as amended by act July 2, 1884, ch. 142, and
act Feb. 23, 1887, ch. 215, and act Feb. 2, 1899, ch. 84) and
6 (as amended by act July 2, 1884, ch. 142), regulated the
transportation and transfer of the merchandise. The
act of June 10, 1880 was amended by act Feb. 23, 1887,
ch. 218, 24 Stat. 414, and its provisions were extended by
various acts to ports other than those originally
named. The act of June 10, 1880, ch. 190, as amended,
and the acts of Feb. 23, 1887, ch. 218, and Feb. 2, 1899, ch.
84, were all repealed by act Sept. 21, 1922, ch. 356, title
IV, § 643, 42 Stat. 989, and the various acts extending the
provisions of the act of June 10, 1880, thereupon became
inoperative.
R.S. §§ 2990–2997, as amended by act Feb. 18, 1875, ch.
80, 18 Stat. 319, and as extended by act Mar. 14, 1876, ch.
23, 19 Stat. 7, and act Aug. 14, 1876, ch. 270, 19 Stat. 139,
contained provisions somewhat similar to those of the
act of June 10, 1880, ch. 190, and were repealed by section 8 of the 1880 act.
R.S. § 2581, relative to the transshipment of merchandise transported in bond to the port of Brownsville, by
Brazos Harbor; R.S. §§ 2816–2831, as amended by act Feb.
27, 1877, ch. 69, § 1, 19 Stat. 246, 247, and act June 16, 1880,
ch. 239, 21 Stat. 283, relative to transportation of merchandise intended to be imported into certain ports of
delivery; and R.S. § 2998, prescribing a penalty for
breaking or entering any car, etc., containing merchandise transported under sections 2990–2997, or defacing
any lock or seal, etc.—were all repealed by act Sept. 21,
1922, ch. 356, title IV, § 642, 42 Stat. 989.

§ 1553. Entry for transportation and exportation;
lottery material from Canada
(a) Any merchandise, other than explosives
and merchandise the importation of which is
prohibited, shown by the manifest, bill of lading,
shipping receipt, or other document to be destined to a foreign country, may be entered for
transportation in bond through the United
States by a bonded carrier without appraisement or the payment of duties and exported
under such regulations as the Secretary of the
Treasury shall prescribe; and any baggage or
personal effects not containing merchandise the
importation of which is prohibited arriving in
the United States destined to a foreign country
may, upon the request of the owner or carrier
having the same in possession for transpor-