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: 19USC1499]

 
                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
                 SUBTITLE III--ADMINISTRATIVE PROVISIONS
 
       Part III--Ascertainment, Collection, and Recovery of Duties
 
Sec. 1499. Examination of merchandise


(a) Entry examination

                           (1) In general

        Imported merchandise that is required by law or regulation to be 
    inspected, examined, or appraised shall not be delivered from 
    customs custody (except under such bond or other security as may be 
    prescribed by the Secretary to assure compliance with all applicable 
    laws, regulations, and instructions which the Secretary or the 
    Customs Service is authorized to enforce) until the merchandise has 
    been inspected, appraised, or examined and is reported by the 
    Customs Service to have been truly and correctly invoiced and found 
    to comply with the requirements of the laws of the United States.

                           (2) Examination

        The Customs Service--
            (A) shall designate the packages or quantities of 
        merchandise covered by any invoice or entry which are to be 
        opened and examined for the purpose of appraisement or 
        otherwise;
            (B) shall order such packages or quantities to be sent to 
        such place as is designated by the Secretary by regulation for 
        such purpose;
            (C) may require such additional packages or quantities as 
        the Secretary considers necessary for such purpose; and
            (D) shall inspect a sufficient number of shipments, and 
        shall examine a sufficient number of entries, to ensure 
        compliance with the laws enforced by the Customs Service.

                      (3) Unspecified articles

        If any package contains any article not specified in the invoice 
    or entry and, in the opinion of the Customs Service, the article was 
    omitted from the invoice or entry--
            (A) with fraudulent intent on the part of the seller, 
        shipper, owner, agent, importer of record, or entry filer, the 
        contents of the entire package in which such article is found 
        shall be subject to seizure; or
            (B) without fraudulent intent, the value of the article 
        shall be added to the entry and the duties, fees, and taxes 
        thereon paid accordingly.

                           (4) Deficiency

        If a deficiency is found in quantity, weight, or measure in the 
    examination of any package, the person finding the deficiency shall 
    make a report thereof to the Customs Service. The Customs Service 
    shall make allowance for the deficiency in the liquidation of 
    duties.

                (5) Information required for release

        If an examination is conducted, any information required for 
    release shall be provided, either electronically or in paper form, 
    to the Customs Service at the port of examination. The absence of 
    such information does not limit the authority of the Customs Service 
    to conduct an examination.

(b) Testing laboratories

          (1) Accreditation of private testing laboratories

        The Customs Service shall establish and implement a procedure, 
    under regulations promulgated by the Secretary, for accrediting 
    private laboratories within the United States which may be used to 
    perform tests (that would otherwise be performed by Customs Service 
    laboratories) to establish the characteristics, quantities, or 
    composition of imported merchandise. Such regulations--
            (A) shall establish the conditions required for the 
        laboratories to receive and maintain accreditation for purposes 
        of this subsection;
            (B) shall establish the conditions regarding the suspension 
        and revocation of accreditation, which may include the 
        imposition of a monetary penalty not to exceed $100,000 and such 
        penalty is in addition to the recovery, from a gauger or 
        laboratory accredited under paragraph (1), of any loss of 
        revenue that may have occurred, but the Customs Service--
                (i) may seek to recover lost revenue only in cases where 
            the gauger or laboratory intentionally falsified the 
            analysis or gauging report in collusion with the importer; 
            and
                (ii) shall neither assess penalties nor seek to recover 
            lost revenue because of a good faith difference of 
            professional opinion; and

            (C) may provide for the imposition of a reasonable charge 
        for accreditation and periodic reaccreditation.

    The collection of any charge for accreditation and reaccreditation 
    under this section is not prohibited by section 58c(e)(6) of this 
    title.

            (2) Appeal of adverse accreditation decisions

        A laboratory applying for accreditation, or that is accredited, 
    under this section may contest any decision or order of the Customs 
    Service denying, suspending, or revoking accreditation, or imposing 
    a monetary penalty, by commencing an action in accordance with 
    chapter 169 of title 28 in the Court of International Trade within 
    60 days after issuance of the decision or order.

               (3) Testing by accredited laboratories

        When requested by an importer of record of merchandise, the 
    Customs Service shall authorize the release to the importer of a 
    representative sample of the merchandise for testing, at the expense 
    of the importer, by a laboratory accredited under paragraph (1). The 
    testing results from a laboratory accredited under paragraph (1) 
    that are submitted by an importer of record with respect to 
    merchandise in an entry shall, in the absence of testing results 
    obtained from a Customs Service laboratory, be accepted by the 
    Customs Service if the importer of record certifies that the sample 
    tested was taken from the merchandise in the entry. Nothing in this 
    subsection shall be construed to limit in any way or preclude the 
    authority of the Customs Service to test or analyze any sample or 
    merchandise independently.

     (4) Availability of testing procedure, methodologies, and 
                                 information

        Testing procedures and methodologies used by the Customs 
    Service, and information resulting from any testing conducted by the 
    Customs Service, shall be made available as follows:
            (A) Testing procedures and methodologies shall be made 
        available upon request to any person unless the procedures or 
        methodologies are--
                (i) proprietary to the holder of a copyright or patent 
            related to such procedures or methodologies, or
                (ii) developed by the Customs Service for enforcement 
            purposes.

            (B) Information resulting from testing shall be made 
        available upon request to the importer of record and any agent 
        thereof unless the information reveals information which is--
                (i) proprietary to the holder of a copyright or patent; 
            or
                (ii) developed by the Customs Service for enforcement 
            purposes.

                    (5) Miscellaneous provisions

        For purposes of this subsection--
            (A) any reference to a private laboratory includes a 
        reference to a private gauger; and
            (B) accreditation of private laboratories extends only to 
        the performance of functions by such laboratories that are 
        within the scope of those responsibilities for determinations of 
        the elements relating to admissibility, quantity, composition, 
        or characteristics of imported merchandise that are vested in, 
        or delegated to, the Customs Service.

(c) Detentions

    Except in the case of merchandise with respect to which the 
determination of admissibility is vested in an agency other than the 
Customs Service, the following apply:

                           (1) In general

        Within the 5-day period (excluding weekends and holidays) 
    following the date on which merchandise is presented for customs 
    examination, the Customs Service shall decide whether to release or 
    detain the merchandise. Merchandise which is not released within 
    such 5-day period shall be considered to be detained merchandise.

                       (2) Notice of detention

        The Customs Service shall issue a notice to the importer or 
    other party having an interest in detained merchandise no later than 
    5 days, excluding weekends and holidays, after the decision to 
    detain the merchandise is made. The notice shall advise the importer 
    or other interested party of--
            (A) the initiation of the detention;
            (B) the specific reason for the detention;
            (C) the anticipated length of the detention;
            (D) the nature of the tests or inquiries to be conducted; 
        and
            (E) the nature of any information which, if supplied to the 
        Customs Service, may accelerate the disposition of the 
        detention.

                         (3) Testing results

        Upon request by the importer or other party having an interest 
    in detained merchandise, the Customs Service shall provide the party 
    with copies of the results of any testing conducted by the Customs 
    Service on the merchandise and a description of the testing 
    procedures and methodologies (unless such procedures or 
    methodologies are proprietary to the holder of a copyright or patent 
    or were developed by the Customs Service for enforcement purposes). 
    The results and test description shall be in sufficient detail to 
    permit the duplication and analysis of the testing and the results.

                     (4) Seizure and forfeiture

        If otherwise provided by law, detained merchandise may be seized 
    and forfeited.

             (5) Effect of failure to make determination

        (A) The failure by the Customs Service to make a final 
    determination with respect to the admissibility of detained 
    merchandise within 30 days after the merchandise has been presented 
    for customs examination, or such longer period if specifically 
    authorized by law, shall be treated as a decision of the Customs 
    Service to exclude the merchandise for purposes of section 
    1514(a)(4) of this title.
        (B) For purposes of section 1581 of title 28, a protest against 
    the decision to exclude the merchandise which has not been allowed 
    or denied in whole or in part before the 30th day after the day on 
    which the protest was filed shall be treated as having been denied 
    on such 30th day.
        (C) Notwithstanding section 2639 of title 28, once an action 
    respecting a detention is commenced, unless the Customs Service 
    establishes by a preponderance of the evidence that an admissibility 
    decision has not been reached for good cause, the court shall grant 
    the appropriate relief which may include, but is not limited to, an 
    order to cancel the detention and release the merchandise.

(June 17, 1930, ch. 497, title IV, Sec. 499, 46 Stat. 728; June 25, 
1938, ch. 679, Secs. 15, 16(a), 52 Stat. 1084; Pub. L. 91-271, title 
III, Sec. 301(k), June 2, 1970, 84 Stat. 289; Pub. L. 103-182, title VI, 
Sec. 613(a), Dec. 8, 1993, 107 Stat. 2171.)


                            Prior Provisions

    Provisions similar to those in this section were contained in act 
Sept. 21, 1922, ch. 356, title IV, Sec. 499, 42 Stat. 965. That section 
was superseded by section 499 of act June 17, 1930, comprising this 
section, and repealed by section 651(a)(1) of the 1930 act.
    A prior provision prohibiting delivery of merchandise liable to be 
inspected or appraised, until it had been inspected or appraised, or 
until the packages sent to be inspected or appraised, should be found 
correctly invoiced, and be so reported, with a further provision as to 
the taking of bonds conditioned for delivery of the merchandise, and the 
forfeiture of such bonds, was contained in R.S. Sec. 2899.
    Provisions substantially similar to those in this section concerning 
the number of packages to be examined (not including the provision for 
designation of a less number by the Secretary of the Treasury) and 
concerning packages found to contain articles not specified in the 
invoice, with a further provision for remission of the forfeiture, were 
contained in R.S. Sec. 2901.
    A prior provision, concerning deficiencies somewhat similar to that 
in this section, was contained in R.S. Sec. 2921.
    A special provision concerning the number of packages to be examined 
and appraised at the port of New York was contained in R.S. Sec. 2939.
    A provision concerning returns by weighers, gaugers, and measurers, 
was contained in R.S. Sec. 2890.
    All of the foregoing sections of the Revised Statutes were repealed 
by act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42 Stat. 989.


                               Amendments

    1993--Pub. L. 103-182 amended section generally, substituting 
present provisions for provisions which required imported merchandise to 
be inspected, examined, appraised, and reported by appropriate customs 
officer to have been truly and correctly invoiced and found to comply 
with requirements of laws of the United States prior to release of such 
merchandise from customs custody.
    1970--Pub. L. 91-271 substituted references to appropriate customs 
officer or such officer for references to collector or appraiser 
wherever appearing, and struck out references to duties of appraiser.
    1938--Act June 25, 1938, amended section generally and among other 
changes inserted provision relating to invalidity of appraisements made 
after effective date of Customs Administrative Act of 1938.


                    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.


                    Effective Date of 1938 Amendment

    Amendment by act June 25, 1938, effective on thirtieth day following 
June 25, 1938, except as otherwise specifically provided, see section 37 
of act June 25, 1938, set out as a note under section 1401 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.
    Functions of all other officers of Department of the Treasury and 
functions of all agencies and employees of such Department transferred, 
with certain exceptions, to Secretary of the Treasury, with power vested 
in him to authorize their performance or performance of any of his 
functions, by any of such officers, agencies, and employees, by Reorg. 
Plan No. 26 of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 
Stat. 1280, 1281, set out in the Appendix to Title 5, Government 
Organization and Employees.


                          Existing Laboratories

    Section Sec. 613(b) of Pub. L. 103-182 provided that: 
``Accreditation under section 499(b) of the Tariff Act of 1930 [19 
U.S.C. 1499(b)] (as added by subsection (a)) is not required for any 
private laboratory (including any gauger) that was accredited or 
approved by the Customs Service as of the day before the date of the 
enactment of this Act [Dec. 8, 1993]; but any such laboratory is subject 
to reaccreditation under the provisions of such section and the 
regulations promulgated thereunder.''

                  Section Referred to in Other Sections

    This section is referred to in section 1595a of this title; title 15 
section 1198; title 28 sections 1581, 2631, 2636, 2640, 2642.