US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 19USC1431]

 
                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
                 SUBTITLE III--ADMINISTRATIVE PROVISIONS
 
      Part II--Report, Entry, and Unlading of Vessels and Vehicles
 
Sec. 1431. Manifests


(a) In general

    Every vessel required to make entry under section 1434 of this title 
or obtain clearance under section 91 of title 46, Appendix, shall have a 
manifest that complies with the requirements prescribed under subsection 
(d) of this section.

(b) Production of manifest

    Any manifest required by the Customs Service shall be signed, 
produced, delivered or electronically transmitted by the master or 
person in charge of the vessel, aircraft, or vehicle, or by any other 
authorized agent of the owner or operator of the vessel, aircraft, or 
vehicle in accordance with the requirements prescribed under subsection 
(d) of this section. A manifest may be supplemented by bill of lading 
data supplied by the issuer of such bill. If any irregularity of 
omission or commission occurs in any way in respect to any manifest or 
bill of lading data, the owner or operator of the vessel, aircraft or 
vehicle, or any party responsible for such irregularity, shall be liable 
for any fine or penalty prescribed by law with respect to such 
irregularity. The Customs Service may take appropriate action against 
any of the parties.

(c) Public disclosure of certain manifest information

    (1) Except as provided in subparagraph (2), the following 
information, when contained in a vessel vessel \1\ or aircraft manifest, 
shall be available for public disclosure:
---------------------------------------------------------------------------
    \1\ So in original.
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        (A) The name and address of each importer or consignee and the 
    name and address of the shipper to such importer or consignee, 
    unless the importer or consignee has made a biennial certification, 
    in accordance with procedures adopted by the Secretary of the 
    Treasury, claiming confidential treatment of such information.
        (B) The general character of the cargo.
        (C) The number of packages and gross weight.
        (D) The name of the vessel, aircraft, or carrier.
        (E) The seaport or airport of loading.
        (F) The seaport or airport of discharge.
        (G) The country of origin of the shipment.
        (H) The trademarks appearing on the goods or packages.

    (2) The information listed in paragraph (1) shall not be available 
for public disclosure if--
        (A) the Secretary of the Treasury makes an affirmative finding 
    on a shipment-by-shipment basis that disclosure is likely to pose a 
    threat of personal injury or property damage; or
        (B) the information is exempt under the provisions of section 
    552(b)(1) of title 5.

    (3) The Secretary of the Treasury, in order to allow for the timely 
dissemination and publication of the information listed in paragraph 
(1), shall establish procedures to provide access to manifests. Such 
procedures shall include provisions for adequate protection against the 
public disclosure of information not available for public disclosure 
from such manifests.

(d) Regulations

                           (1) In general

        The Secretary shall by regulation--
            (A) specify the form for, and the information and data that 
        must be contained in, the manifest required by subsection (a) of 
        this section;
            (B) allow, at the option of the individual producing the 
        manifest and subject to paragraph (2), letters and documents 
        shipments to be accounted for by summary manifesting procedures;
            (C) prescribe the manner of production for, and the delivery 
        for electronic transmittal of, the manifest required by 
        subsection (a) of this section; and
            (D) prescribe the manner for supplementing manifests with 
        bill of lading data under subsection (b) of this section.

                 (2) Letters and documents shipments

        For purposes of paragraph (1)(B)--
            (A) the Customs Service may require with respect to letters 
        and documents shipments--
                (i) that they be segregated by country of origin, and
                (ii) additional examination procedures that are not 
            necessary for individually manifested shipments;

            (B) standard letter envelopes and standard document packs 
        shall be segregated from larger document shipments for purposes 
        of customs inspections; and
            (C) the term ``letters and documents'' means--
                (i) data described in General Headnote 4(c) of the 
            Harmonized Tariff Schedule of the United States,
                (ii) securities and similar evidences of value described 
            in heading 4907 of such Schedule, but not monetary 
            instruments defined pursuant to chapter 53 of title 31, and
                (iii) personal correspondence, whether on paper, cards, 
            photographs, tapes, or other media.

(June 17, 1930, ch. 497, title IV, Sec. 431, 46 Stat. 710; Aug. 8, 1953, 
ch. 397, Sec. 15, 67 Stat. 516; Pub. L. 98-573, title II, Sec. 203, Oct. 
30, 1984, 98 Stat. 2974; Pub. L. 100-690, title VII, Sec. 7367(c)(1), 
Nov. 18, 1988, 102 Stat. 4479; Pub. L. 103-182, title VI, Sec. 635, Dec. 
8, 1993, 107 Stat. 2199; Pub. L. 104-153, Sec. 11, July 2, 1996, 110 
Stat. 1389; Pub. L. 104-295, Sec. 3(a)(3), Oct. 11, 1996, 110 Stat. 
3515.)

                       References in Text

    The Harmonized Tariff Schedule of the United States, referred to in 
subsec. (d)(2)(C)(i), (ii), is not set out in the Code. See Publication 
of Harmonized Tariff Schedule note set out under section 1202 of this 
title.


                            Prior Provisions

    R.S. Secs. 2806, 2807 (as amended by act June 3, 1902, ch. 86, 
Sec. 1, 27 Stat. 41), and 2808, requiring manifests, and prescribing 
their contents, were superseded by act Sept. 21, 1922, ch. 356, title 
IV, Sec. 431, 42 Stat. 950, and repealed by section 642 thereof. Section 
431 of the 1922 act was superseded by section 431 of act June 17, 1930, 
comprising this section, and repealed by section 651(a)(1) of the 1930 
act.
    R.S. Sec. 2805, relative to the administration of oaths required by 
that chapter, was superseded to a great extent by the Customs 
Administrative Act of June 10, 1890, ch. 407, Sec. 22, 26 Stat. 140, 
amended by the Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6, Sec. 28, 
36 Stat. 102, and by the Underwood Tariff Act of Oct. 3, 1913, ch. 16, 
Sec. IV, S., 38 Stat. 201, which abolished all oaths administered by 
officers of the customs, except as provided in those acts and repealed 
by act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42 Stat. 989.


                               Amendments

    1996--Subsec. (c). Pub. L. 104-295 substituted ``a vessel manifest'' 
for ``such manifest'' in introductory provisions.
    Pub. L. 104-153 inserted ``vessel or aircraft'' before ``manifest'' 
in introductory provisions, amended subpars. (D) to (F) generally, 
substituting ``vessel, aircraft, or carrier'' for ``vessel or carrier'' 
in subpar. (D) and ``seaport or airport'' for ``port'' in subpars. (E) 
and (F), and added subpar. (H).
    1993--Subsecs. (a) and (b). Pub. L. 103-182, Sec. 635(1), amended 
subsecs. (a) and (b) generally, substituting present provisions for 
provisions relating to, in subsec. (a), the requirement, form, and 
contents of manifests and, in subsec. (b), the signing and delivery of 
manifests.
    Subsec. (d). Pub. L. 103-182, Sec. 635(2), added subsec. (d).
    1988--Subsec. (c)(1)(G). Pub. L. 100-690 substituted ``country of 
origin'' for ``country or origin''.
    1984--Subsec. (a). Pub. L. 98-573, Sec. 203(1), inserted ``; and the 
names of the shippers of such merchandise'' in par. Third.
    Subsec. (c). Pub. L. 98-573, Sec. 203(2), added subsec. (c).
    1953--Act Aug. 8, 1953, designated existing provisions as subsec. 
(a) and added subsec. (b).


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-295 applicable as of Dec. 8, 1993, see 
section 3(b) of Pub. L. 104-295, set out as a note under section 1321 of 
this title.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-573 effective on 15th day after Oct. 30, 
1984, see section 214(a), (b) of Pub. L. 98-573, set out as a note under 
section 1304 of this title.


           Effective Date of 1953 Amendment; Savings Provision

    Amendment to this section effective on and after thirtieth day 
following Aug. 8, 1953, and savings provision, see notes set out under 
section 1304 of this title.


                               Regulations

    Section 14 of Pub. L. 104-153 provided that: ``Not later than 6 
months after the date of the enactment of this Act [July 2, 1996], the 
Secretary of the Treasury shall prescribe such regulations or amendments 
to existing regulations that may be necessary to carry out the 
amendments made by sections 9, 10, 11, 12, and 13 of this Act [amending 
this section, sections 1484 and 1526 of this title, and section 80302 of 
Title 49, Transportation].''

                          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.

                  Section Referred to in Other Sections

    This section is referred to in section 1436 of this title; title 18 
section 965; title 49 section 44909.