Provisions similar to those in this section were contained in act Sept. 21, 1922, ch. 356, title IV, § 584, 42 Stat. 980. Section 584 of the 1922 act was superseded by section 584 of act
Prior provisions dealing with the subject matter of this section were contained in R.S. § 2809, imposing a penalty and providing for forfeiture for bringing in merchandise not included in the manifest, or without a manifest; section 2810, as amended by act Feb. 27, 1877, ch. 69, § 1, 19 Stat. 246, making an exception in case of mistake or accident, etc.; section 2814, imposing penalties for failing to produce, or deliver copies of the manifests, etc.; section 2815, requiring officers to report violations; section 2887, imposing a penalty if any package reported was not found, or if the merchandise did not agree with the report or manifest, etc. All of these sections were repealed by act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989.
1999—Subsec. (a)(2). Pub. L. 106–36, § 1001(b)(7)(A), in last sentence, substituted “802(18) and 802(16), respectively, of title 21” for “802(17) and 802(15), respectively, of title 21”.
Subsec. (a)(3). Pub. L. 106–36, § 1001(b)(7)(B), struck out “or which consists of any spirits, wines, or other alcoholic liquors for the importation of which into the United States a certificate is required under section 1707 of this title and the required certificate be not shown,” after “United States is prohibited,” and substituted period at end for “, and, if any manifested merchandise (sea stores excepted) consisting of any such spirits, wines, or other alcoholic liquors be found upon any such vessel and the required certificate be not shown, the master of the vessel shall be liable to the penalty herein provided in the case of merchandise not duly manifested: Provided, That if the Customs Service shall be satisfied that the certificate required for the importation of any spirits, wines, or other alcoholic liquors was issued and was lost or mislaid without intentional fraud, or was defaced by accident, or is incorrect by reason of clerical error or other mistake, said penalties shall not be incurred.”
1993—Subsec. (a)(1). Pub. L. 103–182, § 619(1), substituted “officer (whether of the Customs Service or the Coast Guard) demanding the same” for “officer demanding the same” and “Customs Service shall be satisfied” for “appropriate customs officer shall be satisfied” and inserted “(electronically or otherwise)” after “submission” in last sentence.
Subsec. (a)(2), (3). Pub. L. 103–182, § 619(1)(A), substituted “Customs Service” for “appropriate customs officer” wherever appearing.
Subsec. (b)(1). Pub. L. 103–182, § 619(2), substituted “If the Customs Service” for “If the appropriate customs officer” and “the Customs Service shall issue or electronically transmit to the person concerned a notice of intent to issue or electronically transmit a claim” for “he shall issue to the person concerned a written notice of his intention to issue a claim”.
Subsec. (b)(2). Pub. L. 103–182, § 619(2)(A)–(C), substituted “the Customs Service shall determine” for “the appropriate customs officer shall determine”, “the Customs Service determines that there was no violation, the Customs Service shall promptly issue or electronically transmit a statement” for “such officer determines that there was no violation, he shall promptly issue a written statement”, “the Customs Service determines that there was a violation, the Customs Service shall issue or electronically transmit a penalty claim” for “such officer determines that there was a violation, he shall issue a written penalty claim” and “The penalty claim shall specify” for “The written penalty claim shall specify”.
1986—Subsec. (a)(1). Pub. L. 99–570, § 3118(1), substituted “$1,000” for “$500” in two places.
Subsec. (a)(2). Pub. L. 99–570, § 3118(2)–(4), substituted “$1,000” for “$50”, “$500” for “$25”, and “$200” for “$10”.
Subsec. (b)(1). Pub. L. 99–570, § 3118(1), substituted “$1,000” for “$500”.
1978—Subsec. (a)(1). Pub. L. 95–410, § 109(1)(A), (2)–(4), inserted introductory heading “(a)
Subsec. (a)(2). Pub. L. 95–410, § 109(1)(B), (5)–(7), designated unnumbered second par. as par. (2) and made the penalties of $50, $25, and $10 applicable to any person directly or indirectly responsible, respectively, for: heroin, morphine, cocaine, isonipecaine, or opiate being in the merchandise; smoking opium, opium prepared for smoking, or marihuana being in the merchandise; and crude opium being in the merchandise.
Subsec. (a)(3). Pub. L. 95–410, § 109(1)(C), designated unnumbered third par. as par. (3).
Subsec. (b). Pub. L. 95–410, § 109(8), added subsec. (b).
1970—Pub. L. 91–271 substituted references to appropriate customs officer for references to collector wherever appearing.
Par. (2). Pub. L. 91–513 struck out “isonipecaine” from list of defined substances and substituted sections 802(17) and 802(15) of title 21 for sections 3228(e), 3228(f), and 3238(b) of title 26 as the sections where definitions referred to are to be found.
1946—Par. (2). Act
1944—Par. (2). Act
1935—Act
Amendment by Pub. L. 91–513 effective on first day of the seventh calendar month that begins after
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.
Prosecutions for any violation of law occurring, and civil seizures or forfeitures and injunctive proceedings commenced, prior to the effective date of amendment of this section by section 1102 of Pub. L. 91–513 not to be affected or abated by reason thereof, see section 1103 of Pub. L. 91–513, set out as a note under section 171 of Title 21, Food and Drugs.
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
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of
Pub. L. 100–690, title VII, § 7369,