Sec. 1595. Searches and seizures. (a) Warrant. (b) Entry upon property of others. 1595a. Forfeitures; penalty for aiding unlawful importation. 1596-1598. Repealed. 1599. Officers not to be interested in vessels or cargo. 1600-1601a. Repealed. 1602. Seizure; report to collector. 1603. Same; collector's reports. 1604. Same; prosecution. 1605. Same; custody; storage. 1606. Same; appraisement. 1607. Same; value $2,500 or less. 1608. Same; claims; judicial condemnation. 1609. Same; summary of forfeiture and sale. Same; value more than $2,500. Same; sale unlawful. Same; summary sale. Disposition of proceeds of forfeited property. Burden of proof in forfeiture proceedings. 1610. 1611. 1612. 1613. 1614. 1615. 1616. 1617. 1618. 1619. 1620. 1621. Limitation of actions. Compromise of Government claims by Secretary of Treasury. Remission or mitigation of penalties. Award of compensation to informers. General regulations. PART VI.-MISCELLANEOUS PROVISIONS Customhouse brokers. (a) Regulations for licensing. (b) Revocation or suspension; appeal. (d) Regulations by Secretary. Investigation of methods of valuation. Application of customs reorganization act. Application of section 177 of Title 49. Transportation and interment of remains of deceased employees in foreign countries; travel or shipping expenses incurred on foreign ships. (a) Transfers in foreign countries. (b) Transportation on foreign ships. Repealed. Supervision by customs officers. Uncertified checks, United States notes, and na- (a) Specific repeals. (b) General repeal. (c) Rights and liabilities under acts repealed or modified. (d) Certain acts not affected. Separability of provisions. 1653a. Effective date of Customs Administrative Act of 1938. 1654. Short title. SUBTITLE I.-TARIFF SCHEDULES OF THE UNITED STATES CODIFICATION Titles I and II of act June 17, 1930, ch. 497, 46 Stat. 590, 672, which comprised the dutiable and free lists for articles imported into the United States, were formerly classified to sections 1001 and 1201 of this title, and were stricken by Pub. L. 87-456, title I, § 101 (a), May 24, 1962, 76 Stat. 72. The Revised Tariff Schedules are classified to section 1202 of this title. ADOPTION OF REVISED TARIFF SCHEDULES; ADMINISTRATIVE AND SAVINGS PROVISIONS Titles I and II of Pub. L. 87-456, May 24, 1962, 76 Stat. 72, as amended by Pub. L. 87-794, title II, § 257 (g), Oct. 11, 1962, 76 Stat. 882, provided: "TITLE I-ADOPTION OF REVISED TARIFF "SEC. 101. (a) The Tariff Act of 1930, as amended [this chapter], is amended by striking out titles I and II (19 U.S.C. 1001 and 1201) and, subject to subsection (b) of this section and to sections 102 and 103 of this Act, by substituting in lieu thereof a new title I entitled "Title ITariff Schedules of the United States'. "(b) Such new title I (hereinafter in this Act referred to as the "Tariff Schedules of the United States') shall consist of "(1) the general headnotes and rules of interpretation; "(2) schedules 1 to 8, inclusive; and "(3) the appendix to the tariff schedules; all as set forth in the report of the United States Tariff Commission (hereinafter in this Act referred to as the 'Commission') entitled "Tariff Classification Study, Proposed Revised Tariff Schedules of the United States', dated November 15, 1960, as changed by the 'First Supplemental Report' (January 1962) [set forth in section 1202 of this title]; and "(4) subject to subsection (c), such changes in the provisions identified in paragraphs (1), (2), and (3) of this subsection as the Commission decides "(A) are necessary to reflect changes in tariff treatment made by statute or under authority of law, arising either before the date of the enactment of this Act [May 24, 1962] or on or after such date of enactment and before the date on which the Tariff Schedules of the United States is published pursuant to subsection (d), or "(B) are otherwise necessary. In its determinations under this paragraph, the Commission shall apply the standards it applied in its report of November 15, 1960, referred to above. "(c) (1) The Commission shall include the changes provided for in subsection (b) (4), together with the reasons therefor, in one or more supplemental reports which shall be promptly published and submitted to the President and the Congress. The delivery to the Senate and to the House of Representatives shall be made on the same day. In its supplemental reports the Commission shall include written views submitted to the Commission, and testimony before the Commission, with respect to provisions of the proposed Tariff Schedules of the United States, together with the comments of the Commission on such views and testimony. "(2) (A) No change submitted pursuant to the authority contained in subsection (b) (4) (B) shall become effective unless, following the date on which the supplemental report containing such change was submitted to the Congress and before the date on which the Tariff Schedules of the United States is published pursuant to subsection (d), a period of 60 calendar days of continuous session of the Congress has elapsed. "(B) For purposes of subparagraph (A)— "(1) continuity of session shall be considered as broken only by an adjournment of the Congress sine die; but "(ii) in the computation of the 60-day period there shall be excluded the days on which either House is not in session because of an adjournment of more than 3 days to a day certain. "(3) No changes included by the Commission in any supplemental report submitted after the date of the enactment of this Act [May 24, 1962] shall become effective unless included in the Tariff Schedules of the United States as published pursuant to subsection (d). "(d) At the earliest practicable date before the date of the proclamation of the President provided for by section 102, the President shall cause the Tariff Schedules of the United States to be published [see letter set forth below]. "SEC. 102. At the earliest practicable date, the President shall take such action as he deems necessary to bring the United States schedules annexed to foreign trade agreements into conformity with the Tariff Schedules of the United States and, after such action is completed, the President shall proclaim "(1) the rates of duty in rate column numbered 1 and the other provisions of the Tariff Schedules of the United States, which are required or appropriate to carry out the foreign trade agreements to which the United States is a contracting party; "(2) the temporary modifications set forth in part 2 of the appendix to the tariff schedules (that is, those modifications proclaimed pursuant to the provisions of section 7 of the Trade Agreements Extension Act of 1951, as amended (19 U.S.C. 1364), and of other trade-agreements legislation); "(3) the additional import restrictions set forth in part 3 of the appendix to the tariff schedules (that is, those restrictions proclaimed pursuant to section 22 of the Agricultural Adjustment Act, as amended (7 U.S.C. 624); and "(4) the nations or areas and countries set forth in general headnote 3(d) of the Tariff Schedules of the United States (relating to the treatment of products of certain Communist-dominated nations or areas and countries discriminating against American commerce). "SEC. 103. The provisions of the Tariff Schedules of the United States as made effective on the date provided by section 501 shall have the status of statutory provisions duly enacted by the Congress, except for "(1) the rates of duty in rate column numbered 1 of the tariff schedules proclaimed pursuant to paragraph (1) of section 102 which are lower than the rates of duty in rate column numbered 2 of such schedules for the corresponding items; and "(2) the provisions proclaimed by the President pursuant to paragraphs (2), (3), and (4) of section 102. "SEC. 104. During the period between the date of the enactment of this Act and the effective date of the Tariff Schedules of the United States "(1) all public notices which refer to articles in terms of their tariff descriptions and which are issued in connection with investigations by the Commission or other agency, and all findings of recommendations made during such period by any such agency with respect thereto (including findings or recommendations in connection with investigations instituted before the date of the enactment of this Act), shall make reference to the prospectively applicable provisions of such schedules, as determined by the Commission, as well as to the existing provisions; and "(2) the Commission shall furnish to the President, upon request, any of its outstanding findings restated so as to conform to the Tariff Schedules of the United States to the fullest extent practicable consistent with the purposes of title I of the Customs Simplification Act of 1954. Any such findings or recommendations with respect to the Tariff Schedules of the United States shall be treated as formal findings or recommendations of the agency involved. “TITLE II—ADMINISTRATIVE AND SAVING "SEC. 201. The Commission is authorized to issue, at appropriate intervals, and to keep up to date, a publication containing current tariff schedules and related matters, including such matter as may be needed for reporting statistics. "SEC. 202. (a) This Act shall not divest the courts of their jurisdiction over a protest filed under section 514 of the Tariff Act of 1930, as amended (19 U.S.C. 1514), or by an American manufacturer, producer, or wholesaler under section 516(b) of such Act (19 U.S.C. 1516(b)), against a liquidation covering articles entered, or withdrawn from warehouse, for consumption before the effective date of the Tariff Schedules of the United States. "(b) If such a protest filed under section 516(b) is sustained in whole or in part by a decision of the United States Customs Court or of the United States Court of Customs and Patent Appeals, the liquidations covering articles of the character covered by such court decision, which are entered, or withdrawn from warehouse, for consumption after the date of publication of such court decision, shall be suspended until final disposition is made in accordance with subsection (c). "(c) If such a protest filed under section 516(b) is not sustained in whole or in part by a final judicial decision, the entries made before the effective date of the Tariff Schedules of the United States shall be liquidated in accordance with such final decision, and all other entries shall be liquidated subject to such schedules. If such a protest is sustained in whole or in part by a final judicial decision, the entries made before the effective date of the Tariff Schedules of the United States shall be liquidated in accordance with such final decision, and the Commission shall report to the President such changes in the Tariff Schedules of the United States as the Commission decides are necessary to conform them to the fullest practicable extent to the substance of such final decision. The President shall, as soon as practicable, proclaim such changes. The changes shall be effective with respect to entries, the liquidation of which was suspended in accordance with subsection (b), covering articles entered, or withdrawn from warehouse, for consumption on or after the effective date of the Tarif Schedules of the United States. "SEC. 203. For purposes of applying sections 323 and 350 of the Tariff Act of 1930, as amended [sections 1323 and 1351 of this title], and the Trade Expansion Act of 1962 [chapter 7 of this title], with respect to the Tariff Schedules of the United States "(1) The rate of duty in rate column numbered 2 for each item in schedules 1 to 7, inclusive of the Tariff Schedules of the United States shall be treated as the rate of duty existing on July 1, 1934. "(2) The lowest preferential or nonpreferential rate of duty in rate column numbered 1 for each item in schedules 1 to 7, inclusive, of the Tariff Schedules of the United States on the effective date provided in section 501 (a) of this Act shall be treated as the lowest preferential or nonpreferential rate of duty, respectively, existing on July 1, 1962; except that in the case of any such item included in a supplemental report made pursuant to section 101 (c) of this Act to reflect a change proclaimed by the President after July 1, 1962 (other than a change to which the United States was committed on July 1, 1962), the rate treated as the lowest nonpreferential rate of duty existing on July 1, 1962, shall be the rate which the Commission specifically declares in such supplemental report to be the rate which, in its judgment, conforms to the fullest extent practicable to the rate regarded as existing on July 1, 1962, under section 256 (4) of the Trade Expansion Act of 1962 [section 1886 (4) of this title]. "(3) Legislation entering into force after the effective date provided for in section 501 (a) of this Act which results in the permanent reclassification of any article without specifying the rate of duty applicable thereto, and proclamations under section 202 (c) of this Act, shall be considered as having been in effect since June 30, 1962." EFFECTIVE DATE OF TARIFF CLASSIFICATION ACT OF 1962 Section 501 (a) of Pub. L. 87-456, title V, May 24, 1962, 76 Stat. 78, provided that: "Except as provided in subsection (b) [set out as a note under section 4501 of Title 26], the repeal of titles I and II of the Tariff Act of 1930 and the substitution of a new title I therefor, as provided for in title I of this Act, and the provisions of title III shall become effective with respect to articles entered, or withdrawn from warehouse, for consumption on or after the 10th day following the date of the proclamation of the President provided for in section 102 [see Proclamation set forth below]." SHORT TITLE Section 1 of Pub. L. 87-456, May 24, 1962, 76 Stat. 72 provided: "That this Act [which amended section 1312 of this title, section 1856 of Title 7, section 41 of Title 21, sections 4501 and 6418 of Title 26, section 474 of Title 40 and section 2201 of Title 42, repealed sections 193-195, 196a, 420, 1301a, 1308, 1367, 1489, 1504 and 1508 of this title and section 2383 of Title 10, and enacted provisions set out as notes preceding section 1202 of this title, under section 1861 of this title and section 4501 of Title 26] may be cited as the "Tariff Classification Act of 1962'." 632.60 PROC. NO. 3548. EFFECTIVE DATE OF TARIFF SCHEDULE Proc. No. 3548, Aug. 21, 1963, 28 FR. 9279, provided: WHEREAS I have caused the Tariff Schedules of the United States to be published in the FEDERAL REGISTER in conformity with Section 101 (d) of the Tariff Classification Act of 1962 (P.L. 87-456, 76 Stat. 72) [set forth above]; WHEREAS I have taken such action as I deem necessary to bring the United States schedules annexed to foreign trade agreements into conformity with the Tariff Schedules of the United States as provided for in Section 102 of the Tariff Classification Act of 1962, as amended (P.L. 87-456, 76 Stat. 72, as amended by Section 257(g) of P.L. 87-794, 76 Stat. 882) [set forth above]; and WHEREAS I have determined that the rates and provisions proclaimed in paragraph 1 of this proclamation are required or appropriate to carry out foreign trade agreements to which the United States is a party: NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, acting under the authority of the Constitution and statutes, including Section 102 of the Tariff Classification Act of 1962, as amended, do proclaim: 1. The rates of duty in column numbered 1 of Schedules 1 to 8, inclusive (except the rates for the items listed in Annex A which is attached and made a part of this proclamation), and the other provisions of the Tariff Schedules of the United States which relate thereto; 2. The temporary modifications set forth in Part 2 of the Appendix to the Tariff Schedules of the United States; 141.40 176.18 452.56 710.88 363.50 366.06 366.45 3. The additional import restrictions set forth in Part 3 of the Appendix to the Tariff Schedules of the United States; and 145.20 176.26 366.63 370.16 386.20 4. The nations or areas and countries set forth in general headnote 3(d) of the Tariff Schedules of the United States (relating to the treatment of products of certain Communist-dominated nations or areas). The Tariff Schedules of the United States shall become effective as to articles entered, or withdrawn from warehouse, for consumption on or after August 31, 1963. As to articles entered, or withdrawn from warehouse, for consumption on or after August 31, 1963, the provisions of all prior proclamations which provide for customs treatment inconsistent with the Tariff Schedules of the United States are hereby superseded. IN WITNESS WHEREAS, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the City of Washington this twenty-first day of August in the year of our Lord nineteen hun[SEAL] dred and sixty-three, and of the Independence of the United States of America the one hundred and eighty-eighth. § 1202. Revised Tariff Schedules. [28 F.R. 8625] 1. Tariff treatment of imported articles.-All articles imported into the customs territory of the United States from outside thereof are subject to duty or exempt therefrom as prescribed in general headnote 3. 2. Customs territory of the United States.-The term "customs territory of the United States", as used in the schedules, includes only the States, the District of Columbia, and Puerto Rico. 3. Rates of duty.-The rates of duty in the "Rates of Duty" columns numbered 1 and 2 of the schedules apply to articles imported into the customs territory of the United States as hereinafter provided in this headnote: (a) Products of insular possessions: (i) Articles imported from insular possessions of the United States which are outside the customs territory of the United States are subject to the rates of duty set forth in column numbered 1 of the schedules, except that all articles the growth or product of any such possession, or manufactured or produced in any such possession from materials the growth, product, or manufacture of any such possession or of the customs territory of the United States, or of both, which do not contain foreign materials to the value of more than 50 percent of their total value, coming to the customs territory of the United States directly from any such possession, and all articles previously imported into the customs territory of the United States with payment of all applicable duties and taxes imposed upon or by reason of importation which were shipped from the United States, without remission, refund, or drawback of such duties or taxes, directly to the possession from which they are being returned by direct shipment, are exempt from duty. (ii) In determining whether an article produced or manufactured in any such insular possession contains foreign materials to the value of more than 50 percent, no material shall be considered foreign which, at the time such article is entered, may be imported into the customs territory from a foreign country, other than Cuba or the Philippine Republic, and entered free of duty. (b) Products of Cuba.-Products of Cuba imported into the customs territory of the United States, whether imported directly or indirectly, are subject to the rates of duty set forth in column numbered 1 of the schedules. Preferential rates of duty for such products apply only as shown in the said column 1.' 1 By virtue of section 401 of the Tariff Classification Act of 1962, the application to products of Cuba of either a preferential or other reduced rate of duty in column 1 is suspended. See general headnote 3(d), infra. The provisions for preferential Cuban rates continue to be reflected in the schedules because, under section 401, the rates therefor in column 1 still form the bases for determining the rates of duty applicable to certain products, including "Philippine articles". (c) Products of the Philippine Republic: (i) Products of the Philippine Republic imported into the customs territory of the United States, whether imported directly or indirectly, are subject to the rates of duty which are set forth in column numbered 1 of the schedules or to fractional parts of the rates in the said column 1, as hereinafter prescribed in subdivisions (c) (ii) and (c) (iii) of this headnote. (ii) Except as otherwise prescribed in the schedules, a Philippine article, as defined in subdiviison (c) (iv) of this headnote, imported into the customs territory of the United States and entered on or before July 3, 1974, is subject to that rate which results from the application of the following percentages to the most favorable rate of duty (i.e., including a preferential rate prescribed for any product of Cuba) set forth in column numbered 1 of the schedules: (A) 20 percent, during calendar years 1963 through 1964; (B) 40 percent, during calendar years 1965 through 1967, (C) 60 percent, during calendar years 1968 through 1970, (D) 80 percent, during calendar years 1971 through 1973, (E) 100 percent, during the period from January 1, 1974, through July 3, 1974. (iii) Except as otherwise prescribed in the schedules, products of the Philippine Republic, other than Philippine articles, are subject to the rates of duty (except any preferential rates prescribed for products of Cuba) set forth in column numbered 1 of the Schedules. (iv) The term "Philippine article", as used in the schedules, means an article which is the product of the Philippines, but does not include any article produced with the use of materials imported into the Philippines which are products of any foreign country (except materials produced within the customs territory of the United States) if the aggregate value of such imported materials when landed at the Philippine port of entry, exclusive of any landing cost and Philippine duty, was more than 20 percent of the appraised customs value of the article imported into the customs territory of the United States. (d) Products of Communist countries.-Notwithstanding any of the foregoing provisions of this headnote, the rates of duty shown in column numbered 2 shall apply to products, whether imported directly or indirectly, of the following countries and areas pursuant to section 401 of the Tariff Classification Act of 1962, to section 231 or 257(e) (2) of the Trade Expansion Act of 1962, or to action taken by the President thereunder: Albania, Bulgaria, |