19 U.S.C. § 1651

Repeals

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(a) Specific repealsThe following Acts and parts of Acts are repealed, subject to the limitations provided in subdivision (c):(1) The Tariff Act of 1922, except that the repeal of sections 304 and 482 (relating to marking of imported articles and to certified invoices, respectively) shall take effect sixty days after the enactment of this chapter;(2) Section 16 of the Act entitled “An Act to remove certain burdens on the American merchant marine and encourage the American foreign carrying trade, and for other purposes”, approved June 26, 1884, as amended (relating to supplies for certain vessels);(3) The Joint Resolution entitled “Joint Resolution Authorizing certain customs officials to administer oaths”, approved April 2, 1928; and(4) Section 2804 of the Revised Statutes, as amended (relating to limitations on importation packages of cigars).(b) General repeal

All Acts and parts of Acts inconsistent with the provisions of this chapter are repealed.

The repeal of existing laws or modifications or reenactments thereof embraced in this chapter shall not affect any act done, or any right accruing or accrued, or any suit or proceeding had or commenced in any civil or criminal case prior to such repeal, modifications, or reenactments, but all liabilities under such laws shall continue and may be enforced in the same manner as if such repeal, modifications, or reenactments had not been made. All offenses committed and all penalties, under any statute embraced in, or changed, modified, or repealed by this chapter, may be prosecuted and punished in the same manner and with the same effect as if this chapter had not been passed. No Acts of limitation now in force, whether applicable to civil causes and proceedings, or to the prosecution of offenses or for the recovery of penalties or forfeitures embraced in, modified, changed, or repealed by this chapter shall be affected thereby so far as they affect any suits, proceedings, or prosecutions, whether civil or criminal, for causes arising or acts done or committed prior to June 18, 1930, which may be commenced and prosecuted within the same time and with the same effect as if this chapter had not been passed.

(d) Certain acts not affectedNothing in this chapter shall be construed to amend or repeal any of the following provisions of law:(1) Section 60501 or 60502 of title 46;(2) Subsection 2 of paragraph N of Section IV of such Act of October 3, 1913, ch. 16 (relating to the manufacture of alcohol for denaturization only);(3)Section 296 of title 5 (providing for an Assistant Attorney General in charge of customs matters);(4) The Act entitled “An Act relating to the use or disposal of vessels or vehicles forfeited to the United States for violation of the customs laws or the National Prohibition Act, and for other purposes”, approved March 3, 1925; nor(5) The Antidumping Act, 1921 [19 U.S.C. 160 et seq.].(June 17, 1930, ch. 497, title IV, § 651, 46 Stat. 762.)Editorial NotesReferences in Text

The Tariff Act of 1922, referred to in subsec. (a)(1), is act Sept. 21, 1922, ch. 356, 42 Stat. 858. For complete classification of this act to the Code, see Tables. Section 304 of that act was classified, prior to its repeal, to sections 132 and 133 of this title, and section 482 of that act was classified, prior to its repeal, to sections 334 to 337, 342, and 343 of this title.

Section 16 of the act approved June 26, 1884, referred to in subsec. (a)(2), is section 16 of act June 26, 1884, ch. 121, 23 Stat. 57, and was classified, prior to its repeal, to section 145 of this title. See section 1309 of this title.

Section 2804 of the Revised Statutes, referred to in subsec. (a)(4), was classified, prior to its repeal, to section 192 of this title.

Subsection 2 of paragraph N of Section IV of act of October 3, 1913, ch. 16, referred to in subsec. (d)(2), which appears at 38 Stat. 199 and which was classified to sections 487 and 488 of former Title 26, Internal Revenue, was repealed by act Feb. 10, 1939, ch. 2, § 4, 53 Stat. 1, which enacted the Internal Revenue Code of 1939.

Section 296 of title 5, referred to in subsec. (d)(3), was repealed in the general revision of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 636. The office of the Assistant Attorney General in charge of customs matters was abolished by Reorg. Plan No. 4 of 1953, § 2, eff. June 20, 1953.

Act of March 3, 1925, referred to in subsec. (d)(4), was repealed by act Aug. 27, 1935, ch. 740, § 308, 49 Stat. 880.

The Antidumping Act, 1921, referred to in subsec. (d)(5), is act May 27, 1921, ch. 14, title II, 42 Stat. 11, which was classified generally to sections 160 to 171 of this title, and was repealed by Pub. L. 96–39, title I, § 106(a), July 26, 1979, 93 Stat. 193.

Codification

In subsec. (d)(1), “Section 60501 or 60502 of title 46” substituted for “Subsections 1, 2, and 3 of paragraph J of Section IV of the Act entitled ‘An Act to reduce tariff duties and to provide revenue for the Government, and for other purposes,’ approved October 3, 1913 (relating to restrictions on importations in foreign vessels or through contiguous countries), as modified by the Act of March 4, 1915, chapter 171” on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted sections 60501 and 60502 of Title 46, Shipping.

Prior Provisions

Provisions similar to those in subd. (c) of this section were contained in act Sept. 21, 1922, ch. 356, title IV, § 641, 42 Stat. 989. That section was superseded by section 651 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act.

Notes of Decisions

Cited in 3 cases, 1934–1939 · leading case: United States v. 3190 Bags, 228 Cases, & 17 Kegs, 70 F.2d 246 (2d Cir. 1934).

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United States v. 3190 Bags, 228 Cases, & 17 Kegs, 70 F.2d 246 (2d Cir. 1934). “19 USCA § 1651. Hence it is immaterial that the Prohibition Act (27 USCA) went down with the Eighteenth Amendment, or that the treaty was abrogated (if that result be assumed), for forfeiture was not had under the treaty.”

John T. Bill Co. v. United States, 104 F.2d 67 (C.C.P.A. 1939). “651, Tariff Act of 1930, 19 U.S.C.A. § 1651 . There remained ample room for the application of paragraph 371 to importations from many countries other' than Germany.”

United States v. 5,870 Bags & 100 Kegs (some slack) Containing Gin, Scotch & Rye, 20 F. Supp. 333 (S.D.N.Y. 1937). “) went down with the Eighteenth Amendment, or that the treaty was abrogated (if that result be assumed), for forfeiture was not had under the treaty.” The amended libels sufficiently allege a seizure within one hour’s sailing distance from the shore as provided by the treaty and…”

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