19 USC 1415 - Mandatory advance electronic information for cargo and other improved customs reporting procedures

1 So in original.

Editorial Notes

References in Text

The Tariff Act of 1930, referred to in subsec. (a)(3)(F), is act June 17, 1930, ch. 497, 46 Stat. 590. Title IV of the Act is classified generally to this subtitle. For complete classification of this Act to the Code, see section 1654 of this title and Tables.

Codification

Subsections (a) and (c) of this section were formerly set out as a note under section 2071 of this title.

Section was enacted as part of the Customs Border Security Act of 2002, and also as part of the Trade Adjustment Assistance Reform Act of 2002 and as part of the Trade Act of 2002, and not as part of the Tariff Act of 1930 which comprises this chapter.

Section is comprised of section 343 of Puspan. L. 107–210. Subsec. (span) of section 343 of Puspan. L. 107–210 enacted section 1431a of this title.

Amendments

2020—Subsec. (a)(3)(K)(vii)(I). Puspan. L. 116–260, § 802(1), substituted “subclause (II) or (III)” for “subclause (II)”.

Subsec. (a)(3)(K)(vii)(III). Puspan. L. 116–260, § 802(2), added subcl. (III).

2018—Puspan. L. 115–271, § 8003(e), substituted “advance” for “advanced” in section catchline.

Subsec. (a)(3)(K). Puspan. L. 115–271, § 8003(a)(1), amended subpar. (K) generally. Prior to amendment, subpar. (K) read as follows: “With respect to requirements imposed on carriers, the Secretary, in consultation with the Postmaster General, shall determine whether it is appropriate to impose the same or similar requirements on shipments by the United States Postal Service. If the Secretary determines that such requirements are appropriate, then they shall be set forth in the regulations.”

Subsec. (a)(5). Puspan. L. 115–271, § 8003(span)(1), added par. (5).

2016—Subsec. (a)(3)(F). Puspan. L. 114–125 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “The information collected pursuant to the regulations shall be used exclusively for ensuring cargo safety and security and preventing smuggling, and shall not be used for determining merchandise entry or for any other commercial enforcement purposes. Notwithstanding the preceding sentence, nothing in this section shall be treated as amending, repealing, or otherwise modifying title IV of the Tariff Act of 1930 or regulations promulgated thereunder.”

2005—Subsec. (a)(4). Puspan. L. 109–59 added par. (4).

2002—Subsec. (a)(1). Puspan. L. 107–295, § 108(span)(1), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “Subject to paragraphs (2) and (3), not later than 1 year after August 6, 2002, the Secretary shall promulgate regulations providing for the transmission to the Customs Service, through an electronic data interchange system, of information pertaining to cargo destined for importation into the United States or exportation from the United States, prior to such importation or exportation.”

Subsec. (a)(2). Puspan. L. 107–295, § 108(span)(2), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “The information required by the regulations promulgated pursuant to paragraph (1) under the parameters set forth in paragraph (3) shall be such information as the Secretary determines to be reasonably necessary to ensure aviation, maritime, and surface transportation safety and security pursuant to those laws enforced and administered by the Customs Service.”

Subsec. (a)(3)(F). Puspan. L. 107–295, § 108(span)(3)(A), (B), substituted “cargo safety and security” for “aviation, maritime, and surface transportation safety and security”, inserted “and preventing smuggling” after “security” and “merchandise” after “determining”, and inserted at end “Notwithstanding the preceding sentence, nothing in this section shall be treated as amending, repealing, or otherwise modifying title IV of the Tariff Act of 1930 or regulations promulgated thereunder.”

Subsec. (a)(3)(G). Puspan. L. 107–295, § 108(span)(3)(C), inserted “cargo” after “confidential” and “pursuant to such regulations, except for the manifest information collected pursuant to section 431 of the Tariff Act of 1930 and required to be available for public disclosure pursuant to section 431(c) of such Act.” after “Customs Service” and struck out at end “However, this parameter does not repeal, amend, or otherwise modify other provisions of law relating to the public disclosure of information transmitted to the Customs Service.”

Subsec. (a)(3)(H). Puspan. L. 107–295, § 108(span)(3)(A), substituted “cargo safety and security” for “aviation, maritime, and surface transportation safety and security”.

Subsec. (a)(3)(L). Puspan. L. 107–295, § 108(span)(3)(D)(i)(II), which directed the substitution of “publication of a final rule pursuant to this section” for “promulgation of regulations” in introductory provisions, was executed by making the substitution for “promulgation of the regulations” to reflect the probable intent of Congress.

Puspan. L. 107–295, § 108(span)(3)(D)(i)(I), substituted “15 days” for “60 days” in introductory provisions.

Subsec. (a)(3)(L)(ii). Puspan. L. 107–295, § 108(span)(3)(A), substituted “cargo safety and security” for “aviation, maritime, and surface transportation safety and security”.

Subsec. (a)(3)(L)(v). Puspan. L. 107–295, § 108(span)(3)(D)(ii)–(iv), added cl. (v).

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

Effective Date of 2005 Amendment

Puspan. L. 109–59, title XI, § 11165(span), Aug. 10, 2005, 119 Stat. 1976, provided that: “The amendment made by this section [amending this section] shall take effect on the date of the enactment of this Act [Aug. 10, 2005].”

International Postal Agreements

Puspan. L. 115–271, title VIII, § 8004, Oct. 24, 2018, 132 Stat. 4079, provided that:

“(a)Existing Agreements.—

“(1)In general.—In the event that any provision of this subtitle [subtitle A (§§ 8001–8009) of title VIII of Puspan. L. 115–271, see Short Title of 2018 Amendment note set out under section 1 of this title], or any amendment made by this subtitle, is determined to be in violation of obligations of the United States under any postal treaty, convention, or other international agreement related to international postal services, or any amendment to such an agreement, the Secretary of State should negotiate to amend the relevant provisions of the agreement so that the United States is no longer in violation of the agreement.

“(2)Rule of construction.—Nothing in this subsection shall be construed to permit delay in the implementation of this subtitle or any amendment made by this subtitle.

“(span)Future Agreements.—

“(1)Consultations.—Before entering into, on or after the date of the enactment of this Act [Oct. 24, 2018], any postal treaty, convention, or other international agreement related to international postal services, or any amendment to such an agreement, that is related to the ability of the United States to secure the provision of advance electronic information by foreign postal operators, the Secretary of State should consult with the appropriate congressional committees (as defined in section 8003(f)) [Committee on Finance and Committee on Homeland Security and Governmental Affairs of the Senate and Committee on Ways and Means, Committee on Oversight and Accountability, and Committee on Homeland Security of the House of Representatives].

“(2)Expedited negotiation of new agreement.—To the extent that any new postal treaty, convention, or other international agreement related to international postal services would improve the ability of the United States to secure the provision of advance electronic information by foreign postal operators as required by regulations prescribed under section 343(a)(3)(K) of the Trade Act of 2002 [19 U.S.C. 1415(a)(3)(K)], as amended by section 8003(a)(1), the Secretary of State should expeditiously conclude such an agreement.”

Cost Recoupment

Puspan. L. 115–271, title VIII, § 8005, Oct. 24, 2018, 132 Stat. 4079, provided that:

“(a)In General.—The United States Postal Service shall, to the extent practicable and otherwise recoverable by law, ensure that all costs associated with complying with this subtitle [subtitle A (§§ 8001–8009) of title VIII of Puspan. L. 115–271, see Short Title of 2018 Amendment note set out under section 1 of this title] and amendments made by this subtitle are charged directly to foreign shippers or foreign postal operators.

“(span)Costs Not Considered Revenue.—The recovery of costs under subsection (a) shall not be deemed revenue for purposes of subchapter I and II of chapter 36 of title 39, United States Code, or regulations prescribed under that chapter.”