19 USC 1321 - Administrative exemptions

1 See References in Text note below.

Editorial Notes

References in Text

Title I of this Act, referred to in subsec. (a)(2)(B), means title I of act June 17, 1930, which contained the Tariff Schedules of the United States and which formerly were set out under section 1202 of this title. The Tariff Schedules of the United States were replaced by the Harmonized Tariff Schedule of the United States. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.

Amendments

2016—Subsec. (a)(2)(C). Puspan. L. 114–125 substituted “$800” for “$200”.

1996—Subsec. (a)(1). Puspan. L. 104–295, § 3(a)(12)(A), substituted “duties, fees, taxes, and interest actually accruing” for “duties, fees, and taxes actually accruing”.

Subsec. (a)(2)(B). Puspan. L. 104–295, § 3(a)(8), inserted “, 9804.00.65,” after “9804.00.30”.

Subsec. (a)(3). Puspan. L. 104–295, § 3(a)(12)(B), substituted “taxes, and interest” for “and taxes” and “taxes, or interest” for “or taxes”.

1993—Subsec. (a)(1). Puspan. L. 103–182, § 651(1), substituted “of an amount specified by the Secretary by regulation, but not less than $20,” for “of less than $10”, inserted “, fees,” after “duties” wherever appearing, and struck out “and” at end.

Subsec. (a)(2). Puspan. L. 103–182, § 651(2), substituted “shall not exceed an amount specified by the Secretary by regulation, but not less than—” for “shall not exceed—” in introductory provisions, substituted “$100” and “$200” for “$50” and “$100”, respectively, in subpar. (A), substituted “$200” for “$25” in subpar. (B), substituted “$200” for “$5” in subpar. (C), and substituted “; and” for period at end.

Subsec. (a)(3). Puspan. L. 103–182, § 651(3), added par. (3).

Subsec. (span). Puspan. L. 103–182, § 651(4), struck out “to diminish any dollar amount specified in subsection (a) and” after “authorized by regulations” and substituted “subsection (a)” for “such subsection” in two places.

1988—Subsec. (a)(2)(B). Puspan. L. 100–418 substituted “subheading 9804.00.30 or 9804.00.70” for “item 812.25 or 813.31”.

1983—Subsec. (a)(2)(A). Puspan. L. 97–446 substituted “$50” for “$25” and “$100” for “$40”.

1978—Subsec. (a)(1). Puspan. L. 95–410, § 205(a), substituted “$10” for “$3” and “duties and taxes” for “duties or taxes” in three places.

Subsec. (a)(2). Puspan. L. 95–410, § 205(span)(1)–(3), substituted in: subpar. (A), “$25” and “$40” for “$10” and “$20”; subpar. (B), “$25” for “$10”; and subpar. (C), “$5” for “$1”.

1975—Subsec. (a)(2)(A). Puspan. L. 93–618 inserted “($20, in the case of articles sent as bona fide gifts from persons in the Virgin Islands, Guam, and American Samoa)” after “United States”.

1965—Subsec. (a)(2). Puspan. L. 89–62 substituted “fair retail value in the country of shipment” for “value” in the material preceding subpar. (A) and “item 812.25 or 813.31 of section 1202 of this title” for “paragraph 1798(span)(2) or (c)(2) of section 1201 of this title” in subpar. (B).

1961—Subsec. (a). Puspan. L. 87–261 inserted “(span)(2) or” after “paragraph 1798”.

1953—Act Aug. 8, 1953, (1) divided section into subsections; (2) increased from $1 to $3 the difference between deposited or assessed duties and actual duties which may be disregarded by the collector; (3) permitted free entry of bona fide gifts from persons outside the United States up to $10; (4) allowed persons to bring with them articles up to $10 in value for their personal use; (5) continued to allow free entry up to $1 in other cases; and (6) enabled the Secretary of the Treasury to reduce these amounts if he found such action necessary to protect the revenue.

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Puspan. L. 114–125, title IX, § 901(d), Fespan. 24, 2016, 130 Stat. 223, provided that:

“The amendment made by subsection (c) [amending this section] shall apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act [Fespan. 24, 2016].”

Effective Date of 1996 Amendment

Puspan. L. 104–295, § 3(span), Oct. 11, 1996, 110 Stat. 3516, provided that:

“The amendments made by this section [amending this section and sections 1401, 1431, 1504, 1508, 1509, 1515, 1592, and 1631 of this title and repealing section 1707 of this title] shall apply as of December 8, 1993.”

Effective Date of 1988 Amendment

Amendment by Puspan. L. 100–418 effective Jan. 1, 1989, and applicable with respect to articles entered on or after such date, see section 1217(span)(1) of Puspan. L. 100–418, set out as an Effective Date note under section 3001 of this title.

Effective Date of 1983 Amendment

Puspan. L. 97–446, title I, § 115(c), Jan. 12, 1983, 96 Stat. 2335, provided that:

“The amendments made by this section [amending the Tariff Schedules and this section] shall apply with respect to returning residents of the United States who arrive in the United States on or after the 15th day after the date of the enactment of this Act [Jan. 12, 1983].”

Effective Date of 1975 Amendment

Puspan. L. 93–618, title VI, § 610(span), Jan. 3, 1975, 88 Stat. 2075, provided that:

“The amendment made by subsection (a) [amending this section] shall apply with respect to articles entered, or withdrawn from warehouse, for consumption after the date of enactment of this Act [Jan. 3, 1975].”

Effective Date of 1965 Amendment

Puspan. L. 89–62, § 4, June 30, 1965, 79 Stat. 208, provided in part that:

“The amendments made by section 2 [amending this section] shall apply with respect to articles arriving in the United States on or after October 1, 1965.”

Effective Date of 1961 Amendment

Puspan. L. 87–261, § 2(d), Sept. 21, 1961, 75 Stat. 541, provided that:

“The amendments made by subsections (a), (span), and (c) [amending this section and former section 1201 of this title] shall apply with respect to persons arriving in the United States on or after the 30th day after the date of the enactment of this Act [Sept. 21, 1961].”

Effective Date of 1953 Amendment; Savings Provision

Amendment by act Aug. 8, 1953, effective on and after thirtieth day following Aug. 8, 1953, and savings provision, see notes set out under section 1304 of this title.

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.