US Laws, Codes, Statutes & Cases

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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: 19USC1493]

 
                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
                 SUBTITLE III--ADMINISTRATIVE PROVISIONS
 
       Part III--Ascertainment, Collection, and Recovery of Duties
 
Sec. 1493. Proceeds of sale

    The surplus of the proceeds of sales under section 1491 of this 
title, after the payment of storage charges, expenses, duties, taxes, 
and fees, and the satisfaction of any lien for freight, charges, or 
contribution in general average, shall be deposited in the Treasury of 
the United States, if claim therefor shall not be filed with the Customs 
Service within ten days from the date of sale, and the sale of such 
merchandise shall exonerate the master of any vessel in which the 
merchandise was imported from all claims of the owner thereof, who 
shall, nevertheless, on due proof of his interest, be entitled to 
receive from the Treasury the amount of any surplus of the proceeds of 
sale.

(June 17, 1930, ch. 497, title IV, Sec. 493, 46 Stat. 727; Pub. L. 91-
271, title III, Sec. 301(e), June 2, 1970, 84 Stat. 288; Pub. L. 103-
182, title VI, Sec. 661, Dec. 8, 1993, 107 Stat. 2214.)


                            Prior Provisions

    Provisions substantially similar in most respects to those in this 
section, with further provisions concerning the documents to be 
forwarded by the collector to the Treasury Department, were contained in 
R.S. Sec. 2974, which was superseded and more nearly assimilated to the 
present section by act Sept. 21, 1922, ch. 356, title IV, Sec. 493, 42 
Stat. 964, and repealed by section 642 thereof. Section 493 of the 1922 
act was superseded by section 493 of act June 17, 1930, comprising this 
section, and repealed by section 651(a)(1) of the 1930 act.


                               Amendments

    1993--Pub. L. 103-182 inserted ``taxes, and fees,'' after 
``duties,'', struck out ``by the appropriate customs officer'' after 
``shall be deposited'', and substituted ``the Customs Service'' for 
``such customs officer''.
    1970--Pub. L. 91-271 substituted references to appropriate customs 
officer or such customs officer for references to collector wherever 
appearing.


                    Effective 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.


                             Appropriations

    Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was 
classified to section 725a of former Title 31, Money and Finance, 
repealed the permanent appropriation under the title ``Refunding 
proceeds of unclaimed merchandise (Customs) (2x326)'' effective July 1, 
1935, and provided that such portions of any Acts as make permanent 
appropriations to be expended under such account are amended so as to 
authorize, in lieu thereof, annual appropriations from the general fund 
of the Treasury in identical terms and in such amounts as now provided 
by the laws providing such permanent appropriations.

                  Section Referred to in Other Sections

    This section is referred to in sections 1491, 1559, 1753 of this 
title.