U.S. Code » Title 19 » Chapter CHAPTER 4— TARIFF ACT OF 1930 › Subtitle SUBTITLE III— ADMINISTRATIVE PROVISIONS › Part Part V— Enforcement Provisions

19 U.S.C. § 1595a

Aiding unlawful importation

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 19 CasesGoogle Scholar
(a) Importation, removal, etc. contrary to laws of United States

Except as specified in subsection (b) or (c) of section 1594 of this title, every vessel, vehicle, animal, aircraft, or other thing used in, to aid in, or to facilitate, by obtaining information or in any other way, the importation, bringing in, unlading, landing, removal, concealing, harboring, or subsequent transportation of any article which is being or has been introduced, or attempted to be introduced, into the United States contrary to law, whether upon such vessel, vehicle, animal, aircraft, or other thing or otherwise, may be seized and forfeited together with its tackle, apparel, furniture, harness, or equipment.

(b) Penalty for aiding unlawful importation

Every person who directs, assists financially or otherwise, or is in any way concerned in any unlawful activity mentioned in the preceding subsection shall be liable to a penalty equal to the value of the article or articles introduced or attempted to be introduced.

(c) Merchandise introduced contrary to lawMerchandise which is introduced or attempted to be introduced into the United States contrary to law shall be treated as follows:(1) The merchandise shall be seized and forfeited if it—(A) is stolen, smuggled, or clandestinely imported or introduced;(B) is a controlled substance, as defined in the Controlled Substances Act (21 U.S.C. 801 et seq.), and is not imported in accordance with applicable law;(C) is a contraband article, as defined in section 80302 of title 49; or(D) is a plastic explosive, as defined in section 841(q) of title 18, which does not contain a detection agent, as defined in section 841(p) of such title.(2) The merchandise may be seized and forfeited if—(A) its importation or entry is subject to any restriction or prohibition which is imposed by law relating to health, safety, or conservation and the merchandise is not in compliance with the applicable rule, regulation, or statute;(B) its importation or entry requires a license, permit or other authorization of an agency of the United States Government and the merchandise is not accompanied by such license, permit, or authorization;(C) it is merchandise or packaging in which copyright, trademark, or trade name protection violations are involved (including, but not limited to, violations of section 1124, 1125, or 1127 of title 15, section 506 of title 17, or section 2318 or 2320 of title 18);(D) it is trade dress merchandise involved in the violation of a court order citing section 1125 of title 15;(E) it is merchandise which is marked intentionally in violation of section 1304 of this title;(F) it is merchandise for which the importer has received written notices that previous importations of identical merchandise from the same supplier were found to have been marked in violation of section 1304 of this title; or(G) U.S. Customs and Border Protection determines it is a technology, product, service, device, component, or part thereof the importation of which is prohibited under subsection (a)(2) or (b)(1) of section 1201 of title 17.(3) If the importation or entry of the merchandise is subject to quantitative restrictions requiring a visa, permit, license, or other similar document, or stamp from the United States Government or from a foreign government or issuing authority pursuant to a bilateral or multilateral agreement, the merchandise shall be subject to detention in accordance with section 1499 of this title unless the appropriate visa, license, permit, or similar document or stamp is presented to the Customs Service; but if the visa, permit, license, or similar document or stamp which is presented in connection with the importation or entry of the merchandise is counterfeit, the merchandise may be seized and forfeited.(4) If the merchandise is imported or introduced contrary to a provision of law which governs the classification or value of merchandise and there are no issues as to the admissibility of the merchandise into the United States, it shall not be seized except in accordance with section 1592 of this title.(5) In any case where the seizure and forfeiture of merchandise are required or authorized by this section, the Secretary may—(A) remit the forfeiture under section 1618 of this title, or(B) permit the exportation of the merchandise, unless its release would adversely affect health, safety, or conservation or be in contravention of a bilateral or multilateral agreement or treaty.(d) Merchandise exported contrary to law

Merchandise exported or sent from the United States or attempted to be exported or sent from the United States contrary to law, or the proceeds or value thereof, and property used to facilitate the exporting or sending of such merchandise, the attempted exporting or sending of such merchandise, or the receipt, purchase, transportation, concealment, or sale of such merchandise prior to exportation shall be seized and forfeited to the United States.

(June 17, 1930, ch. 497, title IV, § 596, as added Sept. 1, 1954, ch. 1213, title V, § 502, 68 Stat. 1140; amended Pub. L. 99–570, title III, § 3123, Oct. 27, 1986, 100 Stat. 3207–87; Pub. L. 103–182, title VI, § 624, Dec. 8, 1993, 107 Stat. 2187; Pub. L. 104–132, title VI, § 606, Apr. 24, 1996, 110 Stat. 1290; Pub. L. 109–177, title III, § 311(d), Mar. 9, 2006, 120 Stat. 242; Pub. L. 110–403, title II, § 209(b), Oct. 13, 2008, 122 Stat. 4264; Pub. L. 114–125, title III, § 303(a), Feb. 24, 2016, 130 Stat. 150.)Editorial NotesReferences in Text

The Controlled Substances Act, referred to in subsec. (c)(1)(B), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables.

Codification

In subsec. (c)(1)(C), “section 80302 of title 49” substituted for “section 1 of the Act of August 9, 1939 (49 U.S.C. App. 781)” on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.

Prior Provisions

A prior section 596 of act June 17, 1930, ch. 497, title IV, 46 Stat. 752, related to buildings on boundary, prior to repeal by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948.

Amendments

2016—Subsec. (c)(2)(G). Pub. L. 114–125 added subpar. (G).

2008—Subsec. (c)(2)(C). Pub. L. 110–403, which directed amendment of section 596(c)(2)(c) of the Tariff Act of 1950 by striking out “or 509”, was executed by striking out “or 509” after “506” in subsec. (c)(2)(C) of this section, which is section 596 of the Tariff Act of 1930, to reflect the probable intent of Congress.

2006—Subsec. (d). Pub. L. 109–177 added subsec. (d).

1996—Subsec. (c)(1)(D). Pub. L. 104–132 added subpar. (D).

1993—Subsec. (c). Pub. L. 103–182 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Any merchandise that is introduced or attempted to be introduced into the United States contrary to law (other than in violation of section 1592 of this title) may be seized and forfeited.”

1986—Subsec. (a). Pub. L. 99–570, § 3123(1), (2), substituted “subsection (b) or (c) of section 1594” for “the proviso to section 1594” and “may be seized” for “shall be seized”.

Subsec. (c). Pub. L. 99–570, § 3123(3), added subsec. (c).

Statutory Notes and Related SubsidiariesEffective Date of 1996 Amendment

Amendment by Pub. L. 104–132 effective 1 year after Apr. 24, 1996, see section 607 of Pub. L. 104–132, set out as a note under section 841 of Title 18, Crimes and Criminal Procedure.

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 137 cases (9 in the last 5 years), 1961–2024 · leading case: United States v. Davis, 648 F.3d 84 (2d Cir. 2011).
Sort: Relevance Newest Treatment
United States v. Davis, 648 F.3d 84 (2d Cir. 2011). · cites it 25× “First, the government’s “customs claim” sought forfeiture under 19 U.S.C. § 1595a, a customs statute enacted as part of the Tariff Act of 1930.”
United States v. Mask of Ka-Nefer-Nefer, 752 F.3d 737 (8th Cir. 2014). · cites it 16× “” In a June 2011 Memorandum in Opposition, the government responded that its complaint need only plead “facts [that] provide probable cause3 to believe that the Mask was stolen from Cairo, and that therefore its importation into the United States in 1998 was in violation of 19…”
Ali v. Fed. Bureau of Prisons, 552 U.S. 214 (2008). · cites it 4× “The Court also notes that customs agents have the authority to seize contraband under the customs laws, particularly 19 U.S.C. § 1595a(c)(1). I do not dispute that customs agents often act under customs laws when seizing property.”
Gerardo Serrano v. U.S. Customs & Border, 975 F.3d 488 (5th Cir. 2020). · cites it 2× “4 The notice stated that the “property was seized and is subject to forfeiture under the provisions of [19 U.S.C. § 1595a(d), 22 U.S.C. § 401 , 22 U.”
United States v. an Antique Platter of Gold, 991 F. Supp. 222 (S.D.N.Y. 1997). · cites it 11× “§ 545 and to 19 U.S.C. § 1595a, finding that the Government had shown probable cause' to believe that the Phiale was subject to civil forfeiture.”
Ruby Nnadi v. Robert Richter, Dist. Dir., United States Customs Serv., 976 F.2d 682 (11th Cir. 1992). · cites it 5× “1 Nnadi was present during the seizure and aware that the Customs Service was confiscating her car.”
Kosak v. United States, 465 U.S. 848 (1984). · cites it 2× “§ 1594 (authorizing seizure of "a vessel or vehicle" to force payment of assessed penalties); 19 U. S. C. § 1595a(a) (authorizing seizure of property used to facilitate the illegal importation of other goods).”
United States v. One Lucite Ball Containing Lunar Material, 252 F. Supp. 2d 1367 (S.D. Fla. 2003). · cites it 6× “§§ 1595A(C)(1)(A) & 1615 The United States seeks forfeiture pursuant to 19 U.S.C. § 1595a( c)(l)(A), which provides that Merchandise which is introduced or attempted to be introduced into the United States contrary to law shall be treated as follows: (1) The merchandise shall be…”
United States v. Broadening-Info Enter., Inc., 462 F. App'x 93 (2d Cir. 2012). · cites it 9× “Accordingly, as we recently held, “forfeiture actions brought pursuant to 19 U.S.C. § 1595a are not subject to CAFRA’s innocent-owner provision” or its “burden-of-proof provision.”
United States v. Gordon, 634 F. Supp. 409 (Ct. Intl. Trade 1986). · cites it 6× “19 U.S.C. § 1595a (1982) reads as follows: § 1595a.”
United States v. Aircraft, 839 F. Supp. 2d 1243 (N.D. Ala. 2011). · cites it 16× “The United States filed this civil action pursuant to 19 U.S.C. § 1595a, alleging that the named in rem defendant properties, the Douglas AD-4N Skyraider Aircraft (“aircraft”), the four (4) 20 mm cannons (“cannons”), and the assorted aircraft parts (“aircraft parts”)…”
United States v. 5443 Suffield Terrace, Skokie, Ill., 607 F.3d 504 (7th Cir. 2010). “§ 981 (a)(1)(C) and 19 U.S.C. § 1595a(A), respectively. Connors filed a motion to dismiss, arguing that the statute of limitations began to run on April 7, 1996, when the government first discovered he was smuggling cigars into the United States.”
Show all 137 citing cases →
— 19 U.S.C. § 1595a(1965) — 1 case
Mcdonald & Brewster, 15 I. & N. Dec. 203 (BIA 1975).
— 19 U.S.C. § 1595a(A) — 1 case
United States v. 5443 Suffield Terrace, Skokie, Ill., 607 F.3d 504 (7th Cir. 2010). “§ 981 (a)(1)(C) and 19 U.S.C. § 1595a(A), respectively. Connors filed a motion to dismiss, arguing that the statute of limitations began to run on April 7, 1996, when the government first discovered he was smuggling cigars into the United States.”
— 19 U.S.C. § 1595a(a) — 28 cases
Kosak v. United States, 465 U.S. 848 (1984). “§ 1594 (authorizing seizure of "a vessel or vehicle" to force payment of assessed penalties); 19 U. S. C. § 1595a(a) (authorizing seizure of property used to facilitate the illegal importation of other goods).”
United States v. Kemi Idowu, 74 F.3d 387 (2d Cir. 1996).
United States v. One 1977 36 Foot Cigarette Ocean Racer, Florida Reg. FL9350CT, 624 F. Supp. 290 (S.D. Fla. 1985).
Doherty v. United States, 205 Ct. Cl. 34 (Ct. Cl. 1974).
United States v. One 1978 Piper Navajo Pa-31, Aircraft, Etc., 748 F.2d 316 (5th Cir. 1984).
— 19 U.S.C. § 1595a(a)(l) — 1 case
United States v. Cueto, 964 F. Supp. 1395 (C.D. Cal. 1996).
— 19 U.S.C. § 1595a(b) — 7 cases
Am. Textile Mfrs. Inst., Inc. v. The Ltd., Inc. Tarrant Apparel Grp., 190 F.3d 729 (6th Cir. 1999).
United States v. Gordon, 634 F. Supp. 409 (Ct. Intl. Trade 1986). “19 U.S.C. § 1595a (1982) reads as follows: § 1595a.”
United States Ex Rel. Huangyan Imp. & Exp. Corp. v. Nature's Farm Prods., Inc., 370 F. Supp. 2d 993 (N.D. Cal. 2005).
United States v. Shabahang Persian Carpets, Ltd., 926 F. Supp. 123 (E.D. Wis. 1996).
High Star Toys, Inc. v. United States, 32 Fed. Cl. 176 (Fed. Cl. 1994).
— 19 U.S.C. § 1595a(c) — 30 cases
United States v. Mask of Ka-Nefer-Nefer, 752 F.3d 737 (8th Cir. 2014). “” In a June 2011 Memorandum in Opposition, the government responded that its complaint need only plead “facts [that] provide probable cause3 to believe that the Mask was stolen from Cairo, and that therefore its importation into the United States in 1998 was in violation of 19…”
United States v. Davis, 648 F.3d 84 (2d Cir. 2011). “First, the government’s “customs claim” sought forfeiture under 19 U.S.C. § 1595a, a customs statute enacted as part of the Tariff Act of 1930.”
United States v. an Antique Platter of Gold, 991 F. Supp. 222 (S.D.N.Y. 1997). “§ 545 and to 19 U.S.C. § 1595a, finding that the Government had shown probable cause' to believe that the Phiale was subject to civil forfeiture.”
United States v. Broadening-Info Enter., Inc., 462 F. App'x 93 (2d Cir. 2012). “Accordingly, as we recently held, “forfeiture actions brought pursuant to 19 U.S.C. § 1595a are not subject to CAFRA’s innocent-owner provision” or its “burden-of-proof provision.”
United States v. 57,261 Items of Drug Paraphernalia, 705 F. Supp. 1256 (M.D. Tenn. 1988).
— 19 U.S.C. § 1595a(c)(1) — 2 cases
Ali v. Fed. Bureau of Prisons, 552 U.S. 214 (2008). “The Court also notes that customs agents have the authority to seize contraband under the customs laws, particularly 19 U.S.C. § 1595a(c)(1). I do not dispute that customs agents often act under customs laws when seizing property.”
United States v. One Fossilized Tyrannosaurus Bataar Skull, 365 F. Supp. 3d 759 (N.D. Tex. 2018).
— 19 U.S.C. § 1595a(c)(1)(A) — 7 cases
United States v. Mask of Ka-Nefer-Nefer, 752 F.3d 737 (8th Cir. 2014). “” In a June 2011 Memorandum in Opposition, the government responded that its complaint need only plead “facts [that] provide probable cause3 to believe that the Mask was stolen from Cairo, and that therefore its importation into the United States in 1998 was in violation of 19…”
United States v. Twenty-Nine Pre-Columbian & Colonial Artifacts From Peru, 695 F. App'x 461 (11th Cir. 2017).
United States v. One Fossilized Tyrannosaurus Bataar Skull, 365 F. Supp. 3d 759 (N.D. Tex. 2018).
United States v. $11,262.00, in U.S. Currency (D. Mont. 2022).
United States v. 8,090 Rounds of Various Ammunition (Approximately) (D. Mont. 2024).
— 19 U.S.C. § 1595a(c)(1)(C) — 2 cases
Ali v. Fed. Bureau of Prisons, 552 U.S. 214 (2008). “The Court also notes that customs agents have the authority to seize contraband under the customs laws, particularly 19 U.S.C. § 1595a(c)(1). I do not dispute that customs agents often act under customs laws when seizing property.”
Oehler v. Nietzel (W.D.N.Y. 2024).
— 19 U.S.C. § 1595a(c)(2)(A) — 2 cases
Keirton USA, Inc. v. United States, 2023 CIT 47 (Ct. Intl. Trade 2023).
United States v. 323 \Quintales\" of Green Coffee Beans", 21 F. Supp. 3d 122 (D.P.R. 2013).
— 19 U.S.C. § 1595a(c)(2)(B) — 5 cases
United States v. Aircraft, 839 F. Supp. 2d 1243 (N.D. Ala. 2011). “The United States filed this civil action pursuant to 19 U.S.C. § 1595a, alleging that the named in rem defendant properties, the Douglas AD-4N Skyraider Aircraft (“aircraft”), the four (4) 20 mm cannons (“cannons”), and the assorted aircraft parts (“aircraft parts”)…”
United States v. 863 Iranian Carpets, 981 F. Supp. 746 (N.D.N.Y. 1997).
United States v. 1,100 Mach. Gun Receivers, 73 F. Supp. 2d 1289 (D. Utah 1999).
United States v. 100 Cuban Cigars, 35 F. Supp. 2d 405 (E.D. Pa. 1999).
United States v. Four Units All Terrain Vehs., 778 F. Supp. 2d 220 (D.P.R. 2011).
— 19 U.S.C. § 1595a(c)(2)(C) — 2 cases
Ross Cosmetics Distrib. Centers, Inc. v. United States, 18 Ct. Int'l Trade 979 (Ct. Intl. Trade 1994).
United States v. 61,488 Counterfeit Perfume Bottles (D.N.J. 2021).
— 19 U.S.C. § 1595a(c)(2)(E) — 4 cases
United States‚ v. Rupari Food Servs.‚ Inc., 2018 CIT 20 (Ct. Intl. Trade 2018).
United States v. Am. Cas. Co. of Reading, Pa., 2015 CIT 94 (Ct. Intl. Trade 2015).
United States v. Lehman, 225 F.3d 426 (4th Cir. 2000).
United States v. Am. Cas. Co. of Reading, Pa., 2015 CIT 94 (Ct. Intl. Trade 2015).
— 19 U.S.C. § 1595a(c)(3) — 1 case
Resource Club, Ltd. v. United States, 491 F. Supp. 2d 1296 (Ct. Intl. Trade 2007).
— 19 U.S.C. § 1595a(c)(l) — 2 cases
Ali v. Fed. Bureau of Prisons, 552 U.S. 214 (2008). “The Court also notes that customs agents have the authority to seize contraband under the customs laws, particularly 19 U.S.C. § 1595a(c)(1). I do not dispute that customs agents often act under customs laws when seizing property.”
United States v. Davis, 648 F.3d 84 (2d Cir. 2011). “First, the government’s “customs claim” sought forfeiture under 19 U.S.C. § 1595a, a customs statute enacted as part of the Tariff Act of 1930.”
— 19 U.S.C. § 1595a(c)(l)(A) — 8 cases
United States v. Davis, 648 F.3d 84 (2d Cir. 2011). “First, the government’s “customs claim” sought forfeiture under 19 U.S.C. § 1595a, a customs statute enacted as part of the Tariff Act of 1930.”
United States v. Mask of Ka-Nefer-Nefer, 752 F.3d 737 (8th Cir. 2014). “” In a June 2011 Memorandum in Opposition, the government responded that its complaint need only plead “facts [that] provide probable cause3 to believe that the Mask was stolen from Cairo, and that therefore its importation into the United States in 1998 was in violation of 19…”
United States v. Twenty-Nine Pre-Columbian & Colonial Artifacts From Peru, 695 F. App'x 461 (11th Cir. 2017).
United States v. One Lucite Ball Containing Lunar Material, 252 F. Supp. 2d 1367 (S.D. Fla. 2003). “§§ 1595A(C)(1)(A) & 1615 The United States seeks forfeiture pursuant to 19 U.S.C. § 1595a( c)(l)(A), which provides that Merchandise which is introduced or attempted to be introduced into the United States contrary to law shall be treated as follows: (1) The merchandise shall be…”
United States v. Aircraft, 839 F. Supp. 2d 1243 (N.D. Ala. 2011). “The United States filed this civil action pursuant to 19 U.S.C. § 1595a, alleging that the named in rem defendant properties, the Douglas AD-4N Skyraider Aircraft (“aircraft”), the four (4) 20 mm cannons (“cannons”), and the assorted aircraft parts (“aircraft parts”)…”
— 19 U.S.C. § 1595a(c)(l)(C) — 1 case
Ali v. Fed. Bureau of Prisons, 552 U.S. 214 (2008). “The Court also notes that customs agents have the authority to seize contraband under the customs laws, particularly 19 U.S.C. § 1595a(c)(1). I do not dispute that customs agents often act under customs laws when seizing property.”
— 19 U.S.C. § 1595a(d) — 7 cases
Gerardo Serrano v. U.S. Customs & Border, 975 F.3d 488 (5th Cir. 2020). “4 The notice stated that the “property was seized and is subject to forfeiture under the provisions of [19 U.S.C. § 1595a(d), 22 U.S.C. § 401 , 22 U.”
United States v. 8 Luxury Vehs., 88 F. Supp. 3d 1332 (M.D. Fla. 2015).
Alvaro Santana-Lim v. United States, 444 F. App'x 823 (5th Cir. 2011).
United States v. Approximately 548.22 Pounds of Hemp (W.D.N.C. 2022).
We CBD, LLC v. The United States of Am. (W.D.N.C. 2022).
— 19 U.S.C. § 1595a(e) — 5 cases
United States v. Broadening-Info Enter., Inc., 462 F. App'x 93 (2d Cir. 2012). “Accordingly, as we recently held, “forfeiture actions brought pursuant to 19 U.S.C. § 1595a are not subject to CAFRA’s innocent-owner provision” or its “burden-of-proof provision.”
Milin Indus., Inc. v. United States, 691 F. Supp. 1454 (Ct. Intl. Trade 1988).
Nippon Miniature Bearing Corp. v. George J. Weise, Comm'r of the United States Customs Serv. United States Customs Serv., 230 F.3d 1131 (9th Cir. 2000).
United States v. An Antique Platter of Gold, 184 F.3d 131 (2d Cir. 1999).
United States v. Broadening-Info Enter., Inc., 578 F. App'x 10 (2d Cir. 2014).
— 19 U.S.C. § 1595a(e)(2)(B) — 2 cases
United States v. Four Units All Terrain Vehs., 778 F. Supp. 2d 220 (D.P.R. 2011).
United States v. 1,100 Mach. Gun Receivers, 9 F. App'x 815 (10th Cir. 2001).
— 19 U.S.C. § 1595a(e)(2)(C) — 1 case
Cbb Grp., Inc. v. United States, 783 F. Supp. 2d 1248 (Ct. Intl. Trade 2011).
— 19 U.S.C. § 1595a(e)(l)(A) — 1 case
United States v. Davis, 648 F.3d 84 (2d Cir. 2011). “First, the government’s “customs claim” sought forfeiture under 19 U.S.C. § 1595a, a customs statute enacted as part of the Tariff Act of 1930.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.