(a) Before examination. A passenger shall be permitted to add an article to his declaration if, before examination of his baggage has begun, the fact that the article has not been declared is brought to the attention of the examining officer by the passenger.
(b) After examination is begun. A passenger shall be permitted to add an article to his declaration after examination of his baggage has begun if, before any undeclared article is found, the passenger advises the examining officer that he has such an article and the officer is satisfied that there was no fraudulent intent. Under no circumstances shall a passenger be permitted to add any undeclared article to his declaration after such article has been discovered by the examining officer.
Notes of Decisions
United States v. William Wood Cowden, 677 F.2d 417 (8th Cir. 1982).
· cites it 4× “6 Gauster testified that he “suspected” currency in Cow-den’s briefcase when he first felt the parcel at the bottom. Prior to appellant’s oral amendment, however, the currency was not lifted from the briefcase or viewed by Gauster.”
United States v. Lewis Palzer, 745 F.2d 1350 (11th Cir. 1984).
· cites it 2× “2d at 409 , citing 19 C.F.R. § 148.16 (1980) (individual entering country may amend Form 6059-B at any point before an undisclosed item is found during a customs inspection).”
United States v. Rolando Anderez, 661 F.2d 404 (5th Cir. 1981).
“See 19 C.F.R. § 148.16 (1980) (individual entering country may amend Form 6059-B at any point before an undisclosed item is found during customs inspection).”
United States v. 66 Pieces of Jade & Gold Jewelry, 760 F.2d 970 (9th Cir. 1985).
· cites it 2× “Baggage is referred to separately in § 1497 and 19 C.F.R. § 148.16 (1984). Allowing Warren to declare the jade and gold by admitting ownership of the briefcase would be inconsistent with the traveler’s burden, which this court recognized in Davis , to come forward and declare…”
United States v. $173,081.04 in U.S. Currency, 835 F.2d 1141 (5th Cir. 1988).
· cites it 2× “Claimants argue that under regulations applicable to tariff collection, 19 C.F.R. § 148.16 , a declaration made before examination of one’s baggage has begun may be amended after the commencement of the inspection if undeclared articles have not yet been found and the officer…”
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