U.S. Code » Title 19 » Chapter CHAPTER 4— TARIFF ACT OF 1930 › Subtitle SUBTITLE III— ADMINISTRATIVE PROVISIONS › Part Part II— Report, Entry, and Unlading of Vessels and Vehicles

19 U.S.C. § 1448

Unlading

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(a) Permits and preliminary entries

Except as provided in section 1441 of this title (relating to vessels not required to enter or clear), no merchandise, passengers, or baggage shall be unladen from any vessel required to make entry under section 1434 of this title, or vehicle required to report arrival under section 1433 of this title, until entry of such vessel or report of the arrival of such vehicle has been made and a permit for the unlading of the same issued or transmitted pursuant to an electronic data interchange system by the Customs Service. After the entry of any vessel or report of the arrival of any vehicle, the Customs Service may issue a permit, electronically pursuant to an authorized electronic data interchange system or otherwise, to the master of the vessel, or to the person in charge of the vehicle, to unlade merchandise or baggage, but except as provided in subdivision (b) of this section merchandise or baggage so unladen shall be retained at the place of unlading until entry therefor is made and a permit for its delivery granted, and the owners of the vessel or vehicle from which any imported merchandise is unladen prior to entry of such merchandise shall be liable for the payment of the duties accruing on any part thereof that may be removed from the place of unlading without a permit therefor having been issued. The owner or master of any vessel or vehicle, or agent thereof, shall notify the Customs Service of any merchandise or baggage so unladen for which entry is not made within the time prescribed by law or regulation. The Secretary shall by regulation prescribe administrative penalties not to exceed $1,000 for each bill of lading for which notice is not given. Any such administrative penalty shall be subject to mitigation and remittance under section 1618 of this title. Such unentered merchandise or baggage shall be the responsibility of the master or person in charge of the importing vessel or vehicle, or agent thereof, until it is removed from the carrier’s control in accordance with section 1490 of this title.

(b) Special delivery permit

The Secretary of the Treasury is authorized to provide by regulations for the issuing of special permits for delivery, prior to formal entry therefor, of perishable articles and other articles, the immediate delivery of which is necessary.

(June 17, 1930, ch. 497, title IV, § 448, 46 Stat. 714; Pub. L. 91–271, title III, § 301(e), June 2, 1970, 84 Stat. 288; Pub. L. 103–182, title VI, § 656, Dec. 8, 1993, 107 Stat. 2211.)Editorial NotesPrior Provisions

Provisions similar to those in this section were contained in act Sept. 21, 1922, ch. 356, title IV, § 448, 42 Stat. 953. That section was superseded by section 448 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act.

Provisions similar to those in this section concerning preliminary entries, and a further provision that on making such entry lading might proceed by both day and night, were contained in act Feb. 13, 1911, ch. 46, § 2, 36 Stat. 900, prior to repeal by act Sept. 21, 1922, ch. 356, title IV, § 643, 42 Stat. 989.

Provisions for the estimation of duties, and the issuance of permits for delivery of merchandise, and provisions prescribing the contents of such permits, were contained in R.S. § 2869, (as amended by act June 5, 1894, ch. 92, § 2, 28 Stat. 86) and § 2870, prior to repeal by act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989.

Provisions as to the removal of merchandise brought in any vessel from a foreign port or place, from the wharf or place where it might be landed or put, before it had been weighed, gauged, measured, etc., were contained in R.S. § 2882, prior to repeal by act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989.

Amendments

1993—Pub. L. 103–182 in first sentence, substituted “enter or clear)” for “enter)” and “required to make entry under section 1434 of this title, or vehicle required to report arrival under section 1433 of this title,” for “or vehicle arriving from a foreign port or place”, inserted “or transmitted pursuant to an electronic data interchange system” after “issued”, and substituted “the Customs Service.” for “the appropriate customs officer: Provided, That the master may make a preliminary entry of a vessel by making oath or affirmation to the truth of the statements contained in the vessel’s manifest and delivering the manifest to the customs officer who boards such vessel, but the making of such preliminary entry shall not excuse the master from making formal entry of his vessel at the customhouse, as provided by this chapter.”, in second sentence, struck out “, preliminary or otherwise,” after “After the entry”, substituted “the Customs Service” for “such customs officer”, and inserted “, electronically pursuant to an authorized electronic data interchange system or otherwise,” after “may issue a permit”, and substituted last four sentences for former last sentence which read as follows: “Any merchandise or baggage so unladen from any vessel or vehicle for which entry is not made within forty-eight hours exclusive of Sunday and holidays from the time of the entry of the vessel or report of the vehicle, unless a longer time is granted by such customs officer, as provided in section 1484 of this title, shall be sent to a bonded warehouse or the public stores and held as unclaimed at the risk and expense of the consignee in the case of merchandise and of the owner in the case of baggage, until entry thereof is made.”

1970—Subsec. (a). Pub. L. 91–271 substituted references to appropriate customs officer or such customs officer for references to collector wherever appearing.

Statutory Notes and Related SubsidiariesEffective Date of 1970 Amendment

For effective date of amendment by Pub. L. 91–271, see section 203 of Pub. L. 91–271, set out as a note under section 1500 of this title.

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. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.

Notes of Decisions
Cited in 14 cases, 1946–2013 · leading case: City of Laredo v. Texas Mexican Ry. Co., 935 F. Supp. 895 (S.D. Tex. 1996).
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City of Laredo v. Texas Mexican Ry. Co., 935 F. Supp. 895 (S.D. Tex. 1996). · cites it 2× “They contend that under the Interstate Commerce Act, the Surface Transportation Board (“Board”) has exclusive and plenary jurisdiction over railroad abandonment. Accordingly, Defendants argue that the Board’s prior approval is required before Defendant Missouri Pacific can stop…”
United States v. Alexander & Albert Cranston, United States of Am. v. Bernard Cranston, 686 F.2d 56 (1st Cir. 1982). “, 19 U.S.C. §§ 1448 ,1461. Scott and Joko contend that no properly admitted evidence indicated they counseled, commanded, induced, or otherwise procured the captains not to report to customs or knew that the captains would be committing an illegal act by failing to report;…”
United States v. Claude Nolan Harold, 588 F.2d 1136 (5th Cir. 1979). “For example, 19 U.S.C. § 1448 (a) directs that merchandise may not be offloaded from a vessel arriving from a foreign port until a permit has been issued by the customs collector; and thereafter the merchandise must remain at the place of offloading until entry is made for such…”
United States Customs Serv., Washington, D.C. v. Fed. Labor Relations Auth., Nat'l Treasury Employees Union, Intervenor, 854 F.2d 1414 (D.C. Cir. 1988). “See 19 U.S.C. § 1448 (a) (1982); 19 C.F.R. § 4.”
Am. Customs Brokers Co. v. United States Customs Serv., 637 F. Supp. 218 (Ct. Intl. Trade 1986). “19 U.S.C. § 1448 (b) (1982) authorizes the Secretary of the Treasury to provide by regulation for the issuance of special permits for delivery, prior to formal entry.”
Godchaux-Henderson Sugar Co., Inc. v. United States, 496 F. Supp. 1326 (Cust. Ct. 1980). “, which set forth the requirements and procedures relative to special permits for immediate delivery of merchandise prior to entry, as authorized by section 448(b), Tariff Act of 1930, as amended ( 19 U.S.C. § 1448 (b)). 3 . See Sturm, supra, p.”
United States Dep't of the Treasury, United States Customs Serv. v. Fed. Labor Relations Auth., 43 F.3d 682 (D.C. Cir. 1994). · cites it 2× “19 U.S.C. § 1448 (a) (1988) (superseded).”
Grover Melvin Mungo, Samuel Harris & Daniel Simms, Jr. v. United States, 423 F.2d 1351 (4th Cir. 1970). · cites it 2× “19 U.S.C. § 1448 (a) 4 directs that *1355 merchandise may not be unloaded from a vessel arriving from a foreign port until a permit for unloading the same has been issued by the customs collector; thereafter the merchandise must be retained at the place of unloading until entry…”
Nat'l Treasury Employees Union v. Fed. Labor Relations Auth., 112 F.3d 402 (9th Cir. 1997). · cites it 3× “See 19 U.S.C. § 1448 . This optional preliminary entry procedure was, at the time the present ease arose and until December 8, 1993, governed by 19 U.”
United States v. McNair, 341 F. Supp. 919 (E.D. Pa. 1972). “19 U.S.C. § 1448 provides: (a) Except as provided in section 1441 of this title (relating to vessels not required to enter), no merchandise, passengers, or baggage shall be unladen from any vessel or vehicle arriving *925 from a foreign port or place until entry of such vessel…”
Glaxo Wellcome Inc. v. United States, 126 F. Supp. 2d 581 (Ct. Intl. Trade 2000). “21(g) (see 19 U.S.C. § 1448 (b)) for those filers that want to take advantage of reduced tariff rates * * * at the end of the calendar year.”
FAG Holding Corp. v. United States, 744 F. Supp. 2d 1353 (Ct. Intl. Trade 2010). “29 ; see also 19 U.S.C. § 1448 (b). Customs defines “entry” not as the arrival of a particular shipment of goods at the port (as it may be considered colloquially), but rather as the formal filing of required documentation in order to secure the release of imported merchandise…”
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