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: 19USC1510]

 
                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
                 SUBTITLE III--ADMINISTRATIVE PROVISIONS
 
       Part III--Ascertainment, Collection, and Recovery of Duties
 
Sec. 1510. Judicial enforcement


(a) Order of court

    If any person summoned under section 1509 of this title does not 
comply with the summons, the district court of the United States for any 
district in which such person is found or resides or is doing business, 
upon application and after notice to any such person and hearing, shall 
have jurisdiction to issue an order requiring such person to comply with 
the summons. Failure to obey such order of the court may be punished by 
such court as a contempt thereof and such court may assess a monetary 
penalty.

(b) Sanctions

    (1) For so long as any person, after being adjudged guilty of 
contempt for neglecting or refusing to obey a lawful summons issued 
under section 1509 of this title and for refusing to obey the order of 
the court, remains in contempt, the Secretary may--
        (A) prohibit that person from importing merchandise into the 
    customs territory of the United States directly or indirectly or for 
    his account, and
        (B) instruct the appropriate customs officers to withhold 
    delivery of merchandise imported directly or indirectly by that 
    person or for his account.

    (2) If any person remains in contempt for more than one year after 
the date on which the Secretary issues instructions under paragraph 
(1)(B) with respect to that person, the appropriate customs officers 
shall cause all merchandise held in customs custody pursuant to such 
instructions to be sold at public auction or otherwise disposed of under 
the customs laws.
    (3) The sanctions which may be imposed under paragraphs (1) and (2) 
are in addition to any punishment which may be imposed by the court for 
contempt.

(June 17, 1930, ch. 497, title IV, Sec. 510, 46 Stat. 733; Pub. L. 91-
271, title III, Sec. 301(o), June 2, 1970, 84 Stat. 290; Pub. L. 95-410, 
title I, Sec. 106, Oct. 3, 1978, 92 Stat. 891; Pub. L. 103-182, title 
VI, Sec. 616, Dec. 8, 1993, 107 Stat. 2179.)

                       References in Text

    The customs laws, referred to in subsec. (b)(2), are classified 
generally to this title.


                            Prior Provisions

    Provisions substantially the same as those in this section were 
contained in act Oct. 3, 1913, ch. 16, Sec. III, P, 38 Stat. 188, which 
substantially reenacted the provisions of the Customs Administrative Act 
of June 10, 1890, ch. 407, Sec. 17, 26 Stat. 139, as renumbered and 
reenacted without other change by the Payne-Aldrich Tariff Act of Aug. 
5, 1909, ch. 6, Sec. 23, 36 Stat. 100. Section III, P, of the 1913 act 
was superseded by act Sept. 21, 1922, ch. 356, title IV, Sec. 509, 42 
Stat. 968, and repealed by section 643 thereof. Section 509 of the 1922 
act was superseded by section 510 of act June 17, 1930, comprising this 
section, and repealed by section 651(a)(1) of the 1930 act.
    Prior provisions similar to those in this section were contained in 
R.S. Secs. 2923, 2924, prior to repeal by section 29 of the Customs 
Administrative Act of June 10, 1890, 26 Stat. 141.


                               Amendments

    1993--Subsec. (a). Pub. L. 103-182 inserted before period at end 
``and such court may assess a monetary penalty''.
    1978--Pub. L. 95-410 substituted judicial enforcement provisions 
covering court order for compliance with administrative summonses and 
imposition of specified sanctions for prior provisions covering 
imposition of penalties for refusal to give testimony, including 
provision for a penalty of not less than $20 nor more than $500 for 
refusing to appear or to produce documents or to subscribe his name to a 
deposition or refusing to answer interrogatories; deeming the last made 
appraisement of the merchandise as final where an owner, importer, or 
consignee failed to comply with the examination provisions; deeming the 
person falsely swearing on an examination guilty of perjury; and 
forfeiture of the merchandise where the person was an owner, importer, 
or consignee, or the recovery of its value from him.
    1970--Pub. L. 91-271 substituted references to appropriate customs 
officer for references to collector or appraiser wherever appearing, and 
struck out references to divisions of United States Customs Court.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in section 1509 of this title.