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: 19USC1498]

 
                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
                 SUBTITLE III--ADMINISTRATIVE PROVISIONS
 
       Part III--Ascertainment, Collection, and Recovery of Duties
 
Sec. 1498. Entry under regulations


(a) Authorized for certain merchandise

    The Secretary of the Treasury is authorized to prescribe rules and 
regulations for the declaration and entry of--
        (1) Merchandise, when--
            (A) the aggregate value of the shipment does not exceed an 
        amount specified by the Secretary by regulation, but not more 
        than $2,500; or
            (B) different commercial facilitation and risk 
        considerations that may vary for different classes or kinds of 
        merchandise or different classes of transactions may dictate;

        (2) Products of the United States, when the aggregate value of 
    the shipment does not exceed such amounts as the Secretary may 
    prescribe and the products are imported.
            (A) for the purposes of repair or alteration prior to 
        reexportation, or
            (B) after having been either rejected or returned by the 
        foreign purchaser to the United States for credit;

        (3) Merchandise damaged on the voyage of importation, by fire or 
    through marine casualty or any other cause, without fault on the 
    part of the shipper;
        (4) Merchandise recovered from a wrecked or stranded vessel;
        (5) Household effects used abroad and personal effects, not 
    imported in pursuance of a purchase or agreement for purchase and 
    not intended for sale;
        (6) Articles sent by persons in foreign countries as gifts to 
    persons in the United States;
        (7) Articles carried on the person or contained in the baggage 
    of a person arriving in the United States;
        (8) Tools of trade of a person arriving in the United States;
        (9) Personal effects of citizens of the United States who have 
    died in a foreign country;
        (10) Merchandise within the provisions of sections 1465 \1\ and 
    1466 of this title (relating to supplies, repairs, and equipment on 
    vessels and railway cars) at the first port of arrival;
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    \1\ See References in Text note below.
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        (11) Merchandise when in the opinion of the Secretary of the 
    Treasury the value thereof cannot be declared; and
        (12) Merchandise within the provisions of paragraph 1631 of 
    section 1201 of this title.

(b) Application of general provisions

    The Secretary of the Treasury is authorized to include in such rules 
and regulations any of the provisions of section 1484 or 1485 of this 
title (relating, respectively, to entry and to declaration of 
merchandise generally).

(June 17, 1930, ch. 497, title IV, Sec. 498, 46 Stat. 728; Aug. 8, 1953, 
ch. 397, Sec. 16(d), (e), 67 Stat. 517; Pub. L. 96-609, title II, 
Sec. 202, Dec. 28, 1980, 94 Stat. 3561; Pub. L. 98-573, title II, 
Sec. 206, Oct. 30, 1984, 98 Stat. 2975; Pub. L. 100-418, title I, 
Sec. 1214(h)(5), Aug. 23, 1988, 102 Stat. 1157; Pub. L. 103-182, title 
VI, Sec. 662, Dec. 8, 1993, 107 Stat. 2214.)

                       References in Text

    Section 1465 of this title, referred to in subsec. (a)(10), was 
repealed by Pub. L. 103-182, title VI, Sec. 690(b)(7), Dec. 8, 1993, 107 
Stat. 2223.
    Section 1201 of this title, referred to in subsec. (a)(12), which 
comprised the free list for articles imported into the United States, 
was repealed by Pub. L. 87-456, title I, Sec. 101(a), May 24, 1962, 76 
Stat. 72, which act also revised the Tariff Schedules of the United 
States. See notes under section 1202 of this title.


                            Prior Provisions

    Provisions similar to those in this section were contained in act 
Sept. 21, 1922, ch. 356, title IV, Sec. 498, 42 Stat. 964. That section 
was superseded by section 498 of act June 17, 1930, comprising this 
section, and repealed by section 651(a)(1) of the 1930 act.
    Provision for an entry, separate from that of other merchandise, of 
wearing apparel, personal baggage, and tools and implements of a 
mechanical trade, was made by R.S. Sec. 2799, which also prescribed the 
contents of such entry, and of the accompanying oath. R.S. Sec. 2800 
provided for a bond when the person making entry was not the owner. R.S. 
Sec. 2801 provided for a landing permit, and for an examination of 
baggage when deemed proper by the collector and naval officer, and for 
entry of articles not exempt from duty. All of these sections were 
repealed by act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42 Stat. 
989.


                               Amendments

    1993--Subsec. (a)(1). Pub. L. 103-182, Sec. 662(1), amended par. (1) 
generally. Prior to amendment, par. (1) read as follows: ``Merchandise, 
imported in the mails or otherwise, when the aggregate value of the 
shipment does not exceed such amount, not greater than $1,250 as the 
Secretary of the Treasury shall specify in the regulations, and the 
specified amount may vary for different classes or kinds of merchandise 
or different classes of transactions, except that this paragraph does 
not apply to articles valued in excess of $250 classified in--
        ``(A) chapters 50 through 63;
        ``(B) chapters 39 through 43, 61 through 65, 67 and 95; and
        ``(C) subchapters III and IV of chapter 99;
of the Harmonized Tariff Schedule of the United States, or to any other 
article for which formal entry is required without regard to value.;''.
    Subsec. (a)(2). Pub. L. 103-182, Sec. 662(2), substituted ``such 
amounts as the Secretary may prescribe'' for ``$10,000'' in introductory 
provisions.
    1988--Subsec. (a)(1). Pub. L. 100-418, substituted ``the Harmonized 
Tariff Schedule of the United States'' for ``the Tariff Schedules of the 
United States'' in closing provisions, added subpars. (A) to (C), and 
struck out former subpars. (A) to (C) which read as follows:
    ``(A) schedule 3,
    ``(B) parts 1, 4A, 7B, 12A, 12D, and 13B of schedule 7, and
    ``(C) parts 2 and 3 of the Appendix,''.
    1984--Subsec. (a)(1). Pub. L. 98-573 substituted ``$1,250'' for 
``$250'' and inserted provision that this paragraph does not apply to 
articles valued in excess of $250 classified in schedule 3, parts 1, 4A, 
7B, 12A, 12D, and 13B of schedule 7, and parts 2 and 3 of the Appendix, 
of the Tariff Schedules, or to any other article for which formal entry 
is required without regard to value.
    1980--Subsec. (a). Pub. L. 96-609 added par. (2) and redesignated 
former pars. (2) to (11) as (3) to (12), respectively.
    1953--Subsec. (a)(1). Act Aug. 8, 1953, Sec. 16(d), increased 
valuation figure with respect to informal entries from $100 to $250, and 
inserted provisions with respect to possible variation for different 
classes or kinds of merchandise and different classes of transactions.
    Subsec. (a)(11). Act Aug. 8, 1953, Sec. 16(e), substituted 
``paragraph 1631 of section 1201 of this title'' for ``sections 472 to 
574 of this title''.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and applicable 
with respect to articles entered on or after such date, see section 
1217(b)(1) of Pub. L. 100-418, set out as an Effective Date note under 
section 3001 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 by act Aug. 8, 1953, effective on and after thirtieth day 
following Aug. 8, 1953, and savings provision, see notes set out under 
section 1304 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 58c, 1484 of this title.