19 U.s.c. 1522

Page 221

§ 1552

TITLE 19—CUSTOMS DUTIES

PART IV—TRANSPORTATION IN BOND AND
WAREHOUSING OF MERCHANDISE
§ 1551. Designation as carrier of bonded merchandise
Under such regulations and subject to such
terms and conditions as the Secretary of the
Treasury shall prescribe—
(1) any common carrier of merchandise owning or operating a railroad, steamship, or
other transportation line or route for the
transportation of merchandise in the United
States,
(2) any contract carrier authorized to operate as such by any agency of the United
States, and
(3) any freight forwarder authorized to operate as such by any agency of the United
States,
upon application, may, in the discretion of the
Secretary, be designated as a carrier of bonded
merchandise for the final release of which from
customs custody a permit has not been issued. A
private carrier, upon application, may, in the
discretion of the Secretary, be designated under
the preceding sentence as a carrier of bonded
merchandise, subject to such regulations and, in
the case of each applicant, to such special terms
and conditions as the Secretary may prescribe
to safeguard the revenues of the United States
with respect to the transportation of bonded
merchandise by such applicant.
(June 17, 1930, ch. 497, title IV, § 551, 46 Stat. 742;
Dec. 28, 1945, ch. 605, 59 Stat. 667; Pub. L. 87–598,
Aug. 24, 1962, 76 Stat. 400; Pub. L. 87–854, Oct. 23,
1962, 76 Stat. 1130; Pub. L. 90–240, § 3, Jan. 2, 1968,
81 Stat. 776.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in act Sept. 21, 1922, ch. 356, title IV, § 551, 42
Stat. 975. That section was superseded by section 551 of
act June 17, 1930, comprising this section, and repealed
by section 651(a)(1) of the 1930 act.
Prior provisions concerning transportation of merchandise in bond without appraisement to another port
of entry were contained in the Immediate Transportation Act of June 10, 1880, ch. 190, 21 Stat. 173, as
amended, section 3 of which required the merchandise
to be transported by carriers designated by the Secretary of the Treasury, and required them to give bonds
as the Secretary should require. That act was repealed
by act Sept. 21, 1922, ch. 356, title IV, § 643, 42 Stat. 989.
AMENDMENTS
1968—Pub. L. 90–240 provided that a private carrier,
upon application, could, in the discretion of the Secretary, be designated as a carrier of bonded merchandise, subject to regulations, terms, and conditions prescribed by the Secretary, safeguard the revenues of the
United States with respect to the transportation of
bonded merchandise by such applicant.
1962—Pub. L. 87–854 included any contract carrier authorized to operate as such by any agency of the United
States.
Pub. L. 87–598 substituted ‘‘authorized to operate as
such by any agency of the United States,’’ for ‘‘, as defined in section 1002(5) of title 49.’’
1945—Act Dec. 28, 1945, substituted ‘‘Under such regulations and subject to such terms and conditions as the
Secretary of the Treasury shall prescribe, any common
carrier of merchandise owning or operating a railroad,
steamship, or other transportation line or route for the

transportation of merchandise in the United States, or
any freight forwarder, as defined in section 1002(5) of
title 49, upon application, may, in the discretion of the
Secretary’’ for ‘‘Any common carrier of merchandise
owning or operating railroad, steamship, or other
transportation lines or routes for the transportation of
merchandise in the United States, upon application and
the filing of a bond in a form and penalty and with such
sureties as may be approved by the Secretary of the
Treasury, may’’.

§ 1551a. Bonded cartmen or lightermen
The Secretary of the Treasury be, and he is,
authorized, when it appears to him to be in the
interest of commerce, and notwithstanding any
provision of law or regulation requiring that the
transportation of imported merchandise be by a
bonded common carrier, to permit such merchandise which has been entered and examined
for customs purposes to be transported by bonded cartmen or bonded lightermen between the
ports of New York, Newark, and Perth Amboy,
which are all included in Customs Collection
District Numbered 10 (New York): Provided, That
this resolution shall not be construed to deprive
any of the ports affected of its rights and privileges as a port of entry.
(June 19, 1936, ch. 611, 49 Stat. 1538.)
CODIFICATION
Section was not enacted as part of Tariff Act of 1930
which comprises this chapter.

§ 1552. Entry for immediate transportation
Any merchandise, other than explosives and
merchandise the importation of which is prohibited, arriving at a port of entry in the United
States may be entered, under such rules and regulations as the Secretary of the Treasury may
prescribe, for transportation in bond without appraisement to any other port of entry designated by the consignee, or his agent, and by
such bonded carrier as he designates, there to be
entered in accordance with the provisions of this
chapter.
(June 17, 1930, ch. 497, title IV, § 552, 46 Stat. 742.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in act Sept. 21, 1922, ch. 356, title IV, § 552, 42
Stat. 975. That section was superseded by section 552 of
act June 17, 1930, comprising this section, and repealed
by section 651(a)(1) of the 1930 act.
Prior provisions for transportation in bond without
appraisement of merchandise with certain exceptions,
when imported at certain named ports and destined for
certain ports, were contained in act June 10, 1880, ch.
190, §§ 1 (as amended by act June 14, 1880, ch. 214, and
act June 20, 1884, ch. 103) 2, 7, and 9, 21 Stat. 173, 174, 175.
Sections 5 (as amended by act July 2, 1884, ch. 142, and
act Feb. 23, 1887, ch. 215, and act Feb. 2, 1899, ch. 84) and
6 (as amended by act July 2, 1884, ch. 142), regulated the
transportation and transfer of the merchandise. The
act of June 10, 1880 was amended by act Feb. 23, 1887,
ch. 218, 24 Stat. 414, and its provisions were extended by
various acts to ports other than those originally
named. The act of June 10, 1880, ch. 190, as amended,
and the acts of Feb. 23, 1887, ch. 218, and Feb. 2, 1899, ch.
84, were all repealed by act Sept. 21, 1922, ch. 356, title
IV, § 643, 42 Stat. 989, and the various acts extending the
provisions of the act of June 10, 1880, thereupon became
inoperative.
R.S. §§ 2990–2997, as amended by act Feb. 18, 1875, ch.
80, 18 Stat. 319, and as extended by act Mar. 14, 1876, ch.

§ 1553

TITLE 19—CUSTOMS DUTIES

23, 19 Stat. 7, and act Aug. 14, 1876, ch. 270, 19 Stat. 139,
contained provisions somewhat similar to those of the
act of June 10, 1880, ch. 190, and were repealed by section 8 of the 1880 act.
R.S. § 2581, relative to the transshipment of merchandise transported in bond to the port of Brownsville, by
Brazos Harbor; R.S. §§ 2816–2831, as amended by act Feb.
27, 1877, ch. 69, § 1, 19 Stat. 246, 247, and act June 16, 1880,
ch. 239, 21 Stat. 283, relative to transportation of merchandise intended to be imported into certain ports of
delivery; and R.S. § 2998, prescribing a penalty for
breaking or entering any car, etc., containing merchandise transported under sections 2990–2997, or defacing
any lock or seal, etc.—were all repealed by act Sept. 21,
1922, ch. 356, title IV, § 642, 42 Stat. 989.

§ 1553. Entry for transportation and exportation;
lottery material from Canada
(a) Any merchandise, other than explosives
and merchandise the importation of which is
prohibited, shown by the manifest, bill of lading,
shipping receipt, or other document to be destined to a foreign country, may be entered for
transportation in bond through the United
States by a bonded carrier without appraisement or the payment of duties and exported
under such regulations as the Secretary of the
Treasury shall prescribe; and any baggage or
personal effects not containing merchandise the
importation of which is prohibited arriving in
the United States destined to a foreign country
may, upon the request of the owner or carrier
having the same in possession for transportation, be entered for transportation in bond
through the United States by a bonded carrier
without appraisement or the payment of duty,
under such regulations as the Secretary of the
Treasury may prescribe. In places where no
bonded common-carrier facilities are reasonably
available, such merchandise may be so transported otherwise than by a bonded common carrier under such regulations as the Secretary of
the Treasury shall prescribe.
(b) Notwithstanding subsection (a) of this section, the entry for transportation in bond
through the United States of any lottery ticket,
printed paper that may be used as a lottery
ticket, or any advertisement of any lottery, that
is printed in Canada, shall be permitted without
appraisement or the payment of duties under
such regulations as the Secretary of the Treasury may prescribe, except that such regulations
shall not permit the transportation of lottery
materials in the personal baggage of a traveler.
(June 17, 1930, ch. 497, title IV, § 553, 46 Stat. 742;
June 25, 1938, ch. 679, § 21, 52 Stat. 1087; Pub. L.
101–382, title III, § 484H(a), Aug. 20, 1990, 104 Stat.
711.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in act Sept. 21, 1922, ch. 356, title IV, § 553, 42
Stat. 976. That section was superseded by section 553 of
act June 17, 1930, comprising this section, and repealed
by section 651(a)(1) of the 1930 act.
A prior provision that merchandise destined for a foreign country might be entered and conveyed through
the territory of the United States without payment of
duties under regulations to be prescribed by the Secretary of the Treasury was contained in R.S. § 3005, as
amended by act Feb. 27, 1877, ch. 69, § 1, 19 Stat. 247, and
act May 21, 1900, ch. 487, § 1, 31 Stat. 181. Res. March 1,
1895, No. 23, 28 Stat. 973, partially suspending the oper-

Page 222

ation of that section, was repealed by act May 21, 1900,
ch. 487, § 2, 31 Stat. 181, and the section was itself repealed by act Sept. 21, 1922, ch. 356, title IV, § 642, 42
Stat. 989.
A provision that baggage or personal effects in transit to a foreign country might be delivered to the collector for retention without payment of duty, or forwarding to the collector of the port of departure, was
contained in act Oct. 3, 1913, ch. 16, § III, CC, 38 Stat.
192, which reenacted Customs Administrative Act June
10, 1890, ch. 407, § 28, 26 Stat. 141, as reenacted by PayneAldrich Tariff Act Aug. 5, 1909, ch. 6, § 28, 36 Stat. 104.
Said section III, CC, of the 1913 act was repealed by act
Sept. 21, 1922, ch. 356, title IV, § 643, 42 Stat. 989.
R.S. § 2803, on the same subject, was superseded by
section 28 of the Customs Administrative Act of June
10, 1890, and repealed by section 642 of the act of Sept.
21, 1922.
R.S. § 2866, provided for the entry and conveyance in
transit, without payment of duties, of merchandise arriving at certain ports in the United States destined for
the British possessions in North America, and for conveyance in transit from such possessions for export
from said ports, in pursuance of provisions of the treaty with Great Britain of May 8, 1871. It was repealed on
the termination of articles 18–25, 30, of that treaty, pursuant to the Joint Resolution of Mar. 3, 1883, No. 22, 22
Stat. 641.
AMENDMENTS
1990—Pub. L. 101–382 designated existing provisions as
subsec. (a) and added subsec. (b).
1938—Act June 25, 1938, inserted sentence providing
for transportation otherwise than by bonded carrier
where no bonded common-carrier facilities are reasonably available.
EFFECTIVE DATE OF 1990 AMENDMENT
Section 484H(b) of Pub. L. 101–382, as amended by Pub.
L. 104–295, § 5, Oct. 11, 1996, 110 Stat. 3517, provided that:
‘‘The amendments made by this section [amending this
section] shall apply with respect to articles entered for
transportation in bond on or after the date that is 15
days after the date of enactment of this Act [Aug. 20,
1990].’’
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.

§ 1553–1. Report on in-bond cargo
(a) Report
Not later than June 30, 2007, the Commissioner
shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Finance of the Senate,
the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee
on Homeland Security of the House of Representatives, the Committee on Transportation
and Infrastructure of the House of Representatives, and the Committee on Ways and Means of
the House of Representatives that includes—
(1) a plan for closing in-bond entries at the
port of arrival;
(2) an assessment of the personnel required
to ensure 100 percent reconciliation of in-bond
entries between the port of arrival and the
port of destination or exportation;
(3) an assessment of the status of investigations of overdue in-bond shipments and an
evaluation of the resources required to ensure
adequate investigation of overdue in-bond
shipments;