19 U.S.C. § 1510

Judicial enforcement

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(a) Order of court

If any person summoned under section 1509 of this title does not comply with the summons, the district court of the United States for any district in which such person is found or resides or is doing business, upon application and after notice to any such person and hearing, shall have jurisdiction to issue an order requiring such person to comply with the summons. Failure to obey such order of the court may be punished by such court as a contempt thereof and such court may assess a monetary penalty.

(b) Sanctions(1) For so long as any person, after being adjudged guilty of contempt for neglecting or refusing to obey a lawful summons issued under section 1509 of this title and for refusing to obey the order of the court, remains in contempt, the Secretary may—(A) prohibit that person from importing merchandise into the customs territory of the United States directly or indirectly or for his account, and(B) instruct the appropriate customs officers to withhold delivery of merchandise imported directly or indirectly by that person or for his account.(2) If any person remains in contempt for more than one year after the date on which the Secretary issues instructions under paragraph (1)(B) with respect to that person, the appropriate customs officers shall cause all merchandise held in customs custody pursuant to such instructions to be sold at public auction or otherwise disposed of under the customs laws.(3) The sanctions which may be imposed under paragraphs (1) and (2) are in addition to any punishment which may be imposed by the court for contempt.(June 17, 1930, ch. 497, title IV, § 510, 46 Stat. 733; Pub. L. 91–271, title III, § 301(o), June 2, 1970, 84 Stat. 290; Pub. L. 95–410, title I, § 106, Oct. 3, 1978, 92 Stat. 891; Pub. L. 103–182, title VI, § 616, Dec. 8, 1993, 107 Stat. 2179.)Editorial NotesPrior Provisions

Provisions substantially the same as those in this section were contained in act Oct. 3, 1913, ch. 16, § III, P, 38 Stat. 188, which substantially reenacted the provisions of the Customs Administrative Act of June 10, 1890, ch. 407, § 17, 26 Stat. 139, as renumbered and reenacted without other change by the Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6, § 23, 36 Stat. 100. Section III, P, of the 1913 act was superseded by act Sept. 21, 1922, ch. 356, title IV, § 509, 42 Stat. 968, and repealed by section 643 thereof. Section 509 of the 1922 act was superseded by section 510 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act.

Prior provisions similar to those in this section were contained in R.S. §§ 2923, 2924, prior to repeal by section 29 of the Customs Administrative Act of June 10, 1890, 26 Stat. 141.

Amendments

1993—Subsec. (a). Pub. L. 103–182 inserted before period at end “and such court may assess a monetary penalty”.

1978—Pub. L. 95–410 substituted judicial enforcement provisions covering court order for compliance with administrative summonses and imposition of specified sanctions for prior provisions covering imposition of penalties for refusal to give testimony, including provision for a penalty of not less than $20 nor more than $500 for refusing to appear or to produce documents or to subscribe his name to a deposition or refusing to answer interrogatories; deeming the last made appraisement of the merchandise as final where an owner, importer, or consignee failed to comply with the examination provisions; deeming the person falsely swearing on an examination guilty of perjury; and forfeiture of the merchandise where the person was an owner, importer, or consignee, or the recovery of its value from him.

1970—Pub. L. 91–271 substituted references to appropriate customs officer for references to collector or appraiser wherever appearing, and struck out references to divisions of United States Customs Court.

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.

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 1978–2021 · leading case: United States of Am. & Robert W. Wallace v. Claude R. Wilson, Jr., & Modes, Inc., 864 F.2d 1219 (5th Cir. 1989).

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United States of Am. & Robert W. Wallace v. Claude R. Wilson, Jr., & Modes, Inc., 864 F.2d 1219 (5th Cir. 1989). “Wallace and the government filed in district court a petition to enforce the summonses, pursuant to 19 U.S.C. § 1510 . That court, pursuant to 28 U.”

United States v. Optrex Am., Inc., 560 F. Supp. 2d 1326 (Ct. Intl. Trade 2008). “Houck for testimony will result in Customs pursuing a court order to compel compliance with the summons pursuant to 19 U.S.C. § 1510 .” PL Trial Ex. 9 at G000345.”

United States v. Modes, Inc., 17 Ct. Int'l Trade 627 (Ct. Intl. Trade 1993). “Defendants resisted the summonses, and Wallace filed a petition in the United States District Court for the Northern District of Texas to enforce the summonses pursuant to 19 U.S.C. § 1510 (1988). Following a magistrate’s report and recommendations, the district court concluded…”

United States v. Israel Rubin, as President of I.D. Enter., Inc. I.D. Enter., 2 F.3d 974 (9th Cir. 1993). “Invoking 19 U.S.C. § 1510 , the United States sought enforcement of an administrative subpoena issued by the Customs under authority of 19 U.”

United States v. Rainbow Rugs, Inc., 838 F. Supp. 11 (D. Me. 1993). · cites it 2× “Pursuant to 19 U.S.C. § 1510 , the United States Customs Service (“Customs”) has petitioned for judicial enforcement of an administrative summons served upon Rainbow Rugs, Inc.”

Ford Motor Co. v. United States, 254 F. Supp. 3d 1297 (Ct. Intl. Trade 2017). “See 19 U.S.C. § 1510 . Moreover, ás previously noted, this court's jurisdiction is limited to the sole entry at issue, Entry Number 300-8620018-3.”

United States v. Molt, 444 F. Supp. 491 (E.D. Pa. 1978). “19 U.S.C. § 1510 . 10 . If any person importing merchandise into the United States or dealing in imported merchandise fails, at the request of the Secretary of the Treasury, or an appropriate customs officer, or the United States Customs Court, or a judge of such court, as the…”

United States v. Rubin, 97 F.3d 373 (9th Cir. 1996). “The proceedings below were initiated when the government sought, pursuant to 19 U.S.C. § 1510 , to enforce an administrative summons issued under 19 U.”

United States v. Frowein, 727 F.2d 227 (2d Cir. 1984). “§ 1509 (a)(2) (1982), summoned appellants to appear and produce invoices and payment records relating to merchandise imported by F.”

United States v. Ben Tan, 16 F.4th 1346 (9th Cir. 2021). · cites it 2× “After Tan refused to appear, the government filed a petition in the district court to enforce the summons, as provided by 19 U.S.C. § 1510 . Tan argued that the provision in 19 U.”

United States v. Israel Rubin, as President of I.D. Enter., Inc. I.D. Enter., Inc., 79 F.3d 109 (9th Cir. 1996). “The proceedings below were initiated when the government sought, pursuant to 19 U.S.C. § 1510 , to enforce an administrative summons issued under 19 U.”

United States v. Optrex Am., In, 2008 CIT 63 (Ct. Intl. Trade 2008). “Houck for testimony will result in Customs pursuing a court order to compel compliance with the summons pursuant to 19 U.S.C. § 1510 .” Pl. Trial Ex. 9 at G000345.”

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