19 USC 1431 - Manifests

U.S Code last checked for updates: Nov 26, 2024

§ 1431.

Manifests

(a)

In general

(b)

Production of manifest

(c)

Public disclosure of certain manifest information

(1)

Except as provided in subparagraph (2), the following information, when contained in a vessel vessel 1

 So in original.

or aircraft manifest, shall be available for public disclosure:

(A)

The name and address of each importer or consignee and the name and address of the shipper to such importer or consignee, unless the importer or consignee has made a biennial certification, in accordance with procedures adopted by the Secretary of the Treasury, claiming confidential treatment of such information.

(B)

The general character of the cargo.

(C)

The number of packages and gross weight.

(D)

The name of the vessel, aircraft, or carrier.

(E)

The seaport or airport of loading.

(F)

The seaport or airport of discharge.

(G)

The country of origin of the shipment.

(H)

The trademarks appearing on the goods or packages.

(2)

(A)

The information listed in paragraph (1) shall not be available for public disclosure if—

(i)

the Secretary of the Treasury makes an affirmative finding on a shipment-by-shipment basis that disclosure is likely to pose a threat of personal injury or property damage; or

(ii)

the information is exempt under the provisions of section 552(b)(1) of title 5.

(B)

The Secretary shall ensure that any personally identifiable information, including Social Security numbers and passport numbers, is removed from any manifest signed, produced, delivered, or electronically transmitted under this section before access to the manifest is provided to the public.

(3)

The Secretary of the Treasury, in order to allow for the timely dissemination and publication of the information listed in paragraph (1), shall establish procedures to provide access to manifests. Such procedures shall include provisions for adequate protection against the public disclosure of information not available for public disclosure from such manifests.

(d)

Regulations

(1)

In general

The Secretary shall by regulation—

(A)

specify the form for, and the information and data that must be contained in, the manifest required by subsection (a);

(B)

allow, at the option of the individual producing the manifest and subject to paragraph (2), letters and documents shipments to be accounted for by summary manifesting procedures;

(C)

prescribe the manner of production for, and the delivery for electronic transmittal of, the manifest required by subsection (a); and

(D)

prescribe the manner for supplementing manifests with bill of lading data under subsection (b).

(2)

Letters and documents shipments

For purposes of paragraph (1)(B)—

(A)

the Customs Service may require with respect to letters and documents shipments—

(i)

that they be segregated by country of origin, and

(ii)

additional examination procedures that are not necessary for individually manifested shipments;

(B)

standard letter envelopes and standard document packs shall be segregated from larger document shipments for purposes of customs inspections; and

(C)

the term “letters and documents” means—

(i)

data described in General Headnote 4(c) of the Harmonized Tariff Schedule of the United States,

(ii)

securities and similar evidences of value described in heading 4907 of such Schedule, but not monetary instruments defined pursuant to chapter 53 of title 31, and

(iii)

personal correspondence, whether on paper, cards, photographs, tapes, or other media.

(June 17, 1930, ch. 497, title IV, § 431, 46 Stat. 710; Aug. 8, 1953, ch. 397, § 15, 67 Stat. 516; Pub. L. 98–573, title II, § 203, Oct. 30, 1984, 98 Stat. 2974; Pub. L. 100–690, title VII, § 7367(c)(1), Nov. 18, 1988, 102 Stat. 4479; Pub. L. 103–182, title VI, § 635, Dec. 8, 1993, 107 Stat. 2199; Pub. L. 104–153, § 11, July 2, 1996, 110 Stat. 1389; Pub. L. 104–295, § 3(a)(3), Oct. 11, 1996, 110 Stat. 3515; Pub. L. 118–39, § 2(a), Feb. 9, 2024, 138 Stat. 16.)

cite as: 19 USC 1431