Collapse to view only § 1641. Customs brokers
- § 1641. Customs brokers
- § 1642. Omitted
- § 1643. Application of customs reorganization act
- § 1644. Application of the Federal Aviation Act and
- § 1644a. Ports of entry
- § 1645. Transportation and interment of remains of deceased employees in foreign countries; travel or shipping expenses incurred on foreign ships
- § 1646. Repealed.
- § 1646a. Supervision by customs officers
- § 1646b. Random customs inspections for stolen automobiles being exported
- § 1646c. Export reporting requirement
- § 1647. Repealed.
- § 1648. Uncertified checks, United States notes, and national bank notes receivable for customs duties
- § 1649. Change in designation of customs attachés
- § 1650. Transferred
- § 1651. Repeals
- § 1652. Separability
- § 1653. Effective date of chapter
- § 1653a. Transferred
- § 1654. Short title
§ 1641. Customs brokers
(a) DefinitionsAs used in this section:
(1) The term “customs broker” means any person granted a customs broker’s license by the Secretary under subsection (b).
(2) The term “customs business” means those activities involving transactions with U.S. Customs and Border Protection concerning the entry and admissibility of merchandise, its classification and valuation, the payment of duties, taxes, or other charges assessed or collected by U.S. Customs and Border Protection 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 U.S. Customs and Border Protection 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
(2) Licenses for individuals
(3) Licenses for corporations, etc.
(4) Duties
(5) Lapse of license
(6) Prohibited acts
(c) Customs broker’s permits
(1) In generalEach person granted a customs broker’s license under subsection (b) 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) to exercise responsible supervision and control over the customs business conducted by that person in that district.
(2) ExceptionIf a person granted a customs broker’s license under subsection (b) 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), and
(B) that sufficient procedures exist within the company for the person employed in that 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
(4) Appointment of subagents
(d) Disciplinary proceedings
(1) General ruleThe 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 U.S. Customs and Border Protection, 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 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 U.S. Customs and Border Protection or the rules 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 U.S. Customs and Border Protection, 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;
(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; or
(G) has been convicted of committing or conspiring to commit an act of terrorism described in section 2332b of title 18.
(2) Procedures
(A) Monetary penalty
(B) Revocation or suspension
(3) Settlement and compromise
(4) Limitation of actions
(e) Judicial appeal
(1) In general
(2) Consideration of objections
(3) Conclusiveness of findings
(4) Additional evidence
(5) Effect of proceedings
(6) Failure to appeal
(f) Regulations by the Secretary
(g) Triennial reports by customs brokers
(1) In generalOn February 1, 1985, and on February 1 of each third year thereafter, each person who is licensed under subsection (b) 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 revocationIf a person licensed under subsection (b) 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 notice under subparagraph (A), 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
(i) Identification of importers
(1) In general
(2) Minimum requirementsThe regulations required under paragraph (1) shall, at a minimum—
(A) identify the information that an importer, including a nonresident importer, is required to submit to a broker and that a broker is required to collect in order to verify the identity of the importer;
(B) identify reasonable procedures that a broker is required to follow in order to verify the authenticity of information collected from an importer; and
(C) require a broker to maintain records of the information collected by the broker to verify the identity of an importer.
(3) Penalties
(4) DefinitionsIn this subsection:
(A) Importer
(B) Nonresident importerThe term “nonresident importer” means an importer who is—
(i) an individual who is not a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; or
(ii) a partnership, corporation, or other commercial entity that is not organized under the laws of a jurisdiction within the customs territory of the United States (as such term is defined in General Note 2 of the Harmonized Tariff Schedule of the United States) or in the Virgin Islands 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; Pub. L. 85–791, § 8, Aug. 28, 1958, 72 Stat. 945; Pub. L. 91–271, title III, § 301(jj), June 2, 1970, 84 Stat. 291; Pub. L. 95–410, title I, § 113, Oct. 3, 1978, 92 Stat. 898; Pub. L. 96–417, title VI, § 611, Oct. 10, 1980, 94 Stat. 1746; Pub. L. 98–573, title II, § 212(a), Oct. 30, 1984, 98 Stat. 2978; Pub. L. 99–514, title XVIII, § 1888(8), Oct. 22, 1986, 100 Stat. 2925; Pub. L. 103–182, title VI, § 648, Dec. 8, 1993, 107 Stat. 2207; Pub. L. 104–295, § 21(e)(11), Oct. 11, 1996, 110 Stat. 3531; Pub. L. 105–258, title III, § 302(b), Oct. 14, 1998, 112 Stat. 1916; Pub. L. 114–125, title I, § 116(a), title IX, § 903, Feb. 24, 2016, 130 Stat. 144, 223.)
§ 1642. Omitted
§ 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.)
§ 1644. Application of the Federal Aviation Act 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.
(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; Pub. L. 96–467, § 21(2), (3), Oct. 17, 1980, 94 Stat. 2228; Pub. L. 98–473, title II, § 322, Oct. 12, 1984, 98 Stat. 2056.)
§ 1644a. Ports of entry
(a) Definitions
(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 subsection or a public health or customs law or regulation made applicable to aircraft by a regulation under paragraph (1)(A)–(D) is liable to the Government for a civil penalty of $5,000 for each violation. An aircraft involved in the violation may be seized and forfeited under the customs laws. The Secretary of the Treasury may remit or mitigate a penalty and forfeiture under this paragraph.
(3) A person violating a regulation made applicable under paragraph (1)(E) of this subsection or an immigration regulation prescribed under paragraph (1)(E) is liable to the Government for a civil penalty of $5,000 for each violation. The Secretary of the Treasury or the Attorney General may remit or mitigate a penalty under this paragraph.
(4) In addition to any other penalty, when a controlled substance described in section 1584 of this title is found on, or to have been unloaded from, an aircraft to which this subsection applies, the owner of, or individual commanding, the aircraft is liable to the Government for the penalties provided in section 1584 of this title for each violation unless the owner or individual, by a preponderance of the evidence, demonstrates that the owner or individual did not know, and by exercising the highest degree of care and diligence, could not have known, that a controlled substance was on the aircraft.
(5) If a violation under this subsection is by the owner or operator of, or individual commanding, the aircraft, the aircraft is subject to a lien for the penalty.
(c) Secretary of Agriculture
(1) The Secretary of Agriculture by regulation may apply laws and regulations on animal and plant quarantine (including laws and regulations on importing, exporting, transporting, and quarantining animals, plants, animal and plant products, insects, bacterial and fungus cultures, viruses, and serums) to civil air navigation to the extent and under conditions the Secretary considers necessary.
(2) A person violating a law or regulation made applicable under paragraph (1) of this subsection is liable for the penalties provided under that law or regulation.
(d) Remission and mitigation of penalties
(e) Summary seizure of aircraft
(1) An aircraft subject to a lien under this section may be seized summarily by and placed in the custody of a person authorized by regulations of the appropriate Secretary or the Attorney General. A report of the case shall be sent to the Attorney General. The Attorney General shall bring promptly a civil action in rem to enforce the lien or notify the appropriate Secretary that the action will not be brought.
(2) An aircraft seized under this section shall be released from custody when—
(A) the civil penalty or amount not remitted or mitigated is paid;
(B) the aircraft is seized under process of a court in a civil action in rem to enforce the lien;
(C) the Attorney General gives notice that a civil action will not be brought under paragraph (1) of this subsection; or
(D) a bond is deposited with the appropriate Secretary or the Attorney General in an amount and with a surety the appropriate Secretary or the Attorney General prescribes, conditioned on payment of the penalty or amount not remitted or mitigated.
(f) Collection of civil penalties
(g) Authorization of appropriations
(Pub. L. 103–272, § 2, July 5, 1994, 108 Stat. 1358.)
§ 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
(b) Transportation on foreign ships
(June 17, 1930, ch. 497, title IV, § 645(a), (c), 46 Stat. 761; Aug. 2, 1946, ch. 744, § 2, 60 Stat. 807.)
§ 1646. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948
§ 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 directed 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.)
§ 1646b. Random customs inspections for stolen automobiles being exported
The Commissioner of U.S. Customs and Border Protection shall direct customs officers to conduct at random inspections of automobiles, and of shipping containers that may contain automobiles that are being exported, for purposes of determining whether such automobiles were stolen.
(June 17, 1930, ch. 497, title IV, § 646A, as added Pub. L. 102–519, title IV, § 401, Oct. 25, 1992, 106 Stat. 3400; amended Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.)
§ 1646c. Export reporting requirement
The Commissioner of U.S. Customs and Border Protection shall require all persons or entities exporting used automobiles, including automobiles exported for personal use, by air or ship to provide to the Customs Service, at least 72 hours before the export, the vehicle identification number of each such automobile and proof of ownership of such automobile. The Commissioner shall establish specific criteria for randomly selecting used automobiles scheduled to be exported, consistent with the risk of stolen automobiles being exported and shall check the vehicle identification number of each automobile selected pursuant to such criteria against the information in the National Crime Information Center to determine whether such automobile has been reported stolen. At the request of the Director of the Federal Bureau of Investigation, the Commissioner shall make available to the Director all vehicle identification numbers obtained under this section.
(June 17, 1930, ch. 497, title IV, § 646B, as added Pub. L. 102–519, title IV, § 401, Oct. 25, 1992, 106 Stat. 3400; amended Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.)
§ 1647. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948
§ 1648. Uncertified checks, United States notes, and national bank notes receivable for customs duties
Customs officers may receive uncertified checks, United States notes, and circulating notes of national banking associations in payment of duties on imports, during such time and under such rules and regulations as the Secretary of the Treasury shall prescribe; but if a check so received is not paid the person by whom such check has been tendered shall remain liable for the payment of the duties and for all legal penalties and additions to the same extent as if such check had not been tendered.
(June 17, 1930, ch. 497, title IV, § 648, 46 Stat. 762; Pub. L. 91–271, title III, § 301(kk), June 2, 1970, 84 Stat. 291.)
§ 1649. Change in designation of customs attachés
On and after June 17, 1930, customs attachés shall be known as “Treasury attachés.”
(June 17, 1930, ch. 497, title IV, § 649, 46 Stat. 762.)
§ 1650. Transferred
§ 1651. Repeals
(a) Specific repeals
The following Acts and parts of Acts are repealed, subject to the limitations provided in subdivision (c):
(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);
(3) The Joint Resolution entitled “Joint Resolution Authorizing certain customs officials to administer oaths”, approved April 2, 1928; and
(4) Section 2804 of the Revised Statutes, as amended (relating to limitations on importation packages of cigars).
(b) General repeal
(c) Rights and liabilities under acts repealed or modified
(d) Certain acts not affected
Nothing in this chapter shall be construed to amend or repeal any of the following provisions of law:
(1) Section 60501 or 60502 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.)
§ 1652. Separability
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.)
§ 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
§ 1654. Short title
This chapter may be cited as the “Tariff Act of 1930.”
(June 17, 1930, ch. 497, title IV, § 654, 46 Stat. 763.)