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19 USC Sec. 1431
01/02/01
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TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE III - ADMINISTRATIVE PROVISIONS

Part II - Report, Entry, and Unlading of Vessels and Vehicles
-HEAD-

Sec. 1431. Manifests
-STATUTE-

(a) In general

Every vessel required to make entry under section 1434 of this

title or obtain clearance under section 91 of title 46, Appendix,

shall have a manifest that complies with the requirements

prescribed under subsection (d) of this section.

(b) Production of manifest

Any manifest required by the Customs Service shall be signed,

produced, delivered or electronically transmitted by the master or

person in charge of the vessel, aircraft, or vehicle, or by any

other authorized agent of the owner or operator of the vessel,

aircraft, or vehicle in accordance with the requirements prescribed

under subsection (d) of this section.

A manifest may be

supplemented by bill of lading data supplied by the issuer of such

bill.

If any irregularity of omission or commission occurs in any

way in respect to any manifest or bill of lading data, the owner or

operator of the vessel, aircraft or vehicle, or any party

responsible for such irregularity, shall be liable for any fine or

penalty prescribed by law with respect to such irregularity.

The

Customs Service may take appropriate action against any of the

parties.

(c) Public disclosure of certain manifest information

(1) Except as provided in subparagraph (2), the following

information, when contained in a vessel vessel (FOOTNOTE 1) or

aircraft manifest, shall be available for public disclosure:

(FOOTNOTE 1) So in original.

(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) The information listed in paragraph (1) shall not be

available for public disclosure if -

(A) 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

(B) the information is exempt under the provisions of section

552(b)(1) of title 5.

(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)

of this section;

(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) of this section; and

(D) prescribe the manner for supplementing manifests with

bill of lading data under subsection (b) of this section.

(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.
-SOURCE-

(June 17, 1930, ch. 497, title IV, Sec. 431, 46 Stat. 710; Aug. 8,

1953, ch. 397, Sec. 15, 67 Stat. 516; Pub. L. 98-573, title II,

Sec. 203, Oct. 30, 1984, 98 Stat. 2974; Pub. L. 100-690, title VII,

Sec. 7367(c)(1), Nov. 18, 1988, 102 Stat. 4479; Pub. L. 103-182,

title VI, Sec. 635, Dec. 8, 1993, 107 Stat. 2199; Pub. L. 104-153,

Sec. 11, July 2, 1996, 110 Stat. 1389; Pub. L. 104-295, Sec.

3(a)(3), Oct. 11, 1996, 110 Stat. 3515.)
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REFERENCES IN TEXT

The Harmonized Tariff Schedule of the United States, referred to

in subsec. (d)(2)(C)(i), (ii), is not set out in the Code. See

Publication of Harmonized Tariff Schedule note set out under

section 1202 of this title.
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PRIOR PROVISIONS

R.S. Sec. 2806, 2807 (as amended by act June 3, 1902, ch. 86,

Sec. 1, 27 Stat. 41), and 2808, requiring manifests, and

prescribing their contents, were superseded by act Sept. 21, 1922,

ch. 356, title IV, Sec. 431, 42 Stat. 950, and repealed by section

642 thereof.

Section 431 of the 1922 act was superseded by section

431 of act June 17, 1930, comprising this section, and repealed by

section 651(a)(1) of the 1930 act.

R.S. Sec. 2805, relative to the administration of oaths required

by that chapter, was superseded to a great extent by the Customs

Administrative Act of June 10, 1890, ch. 407, Sec. 22, 26 Stat.

140, amended by the Payne-Aldrich Tariff Act of Aug. 5, 1909, ch.

6, Sec. 28, 36 Stat. 102, and by the Underwood Tariff Act of Oct.

3, 1913, ch. 16, Sec. IV, S., 38 Stat. 201, which abolished all

oaths administered by officers of the customs, except as provided

in those acts and repealed by act Sept. 21, 1922, ch. 356, title

IV, Sec. 642, 42 Stat. 989.

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-295 substituted ''a vessel

manifest'' for ''such manifest'' in introductory provisions.

Pub. L. 104-153 inserted ''vessel or aircraft'' before

''manifest'' in introductory provisions, amended subpars. (D) to

(F) generally, substituting ''vessel, aircraft, or carrier'' for

''vessel or carrier'' in subpar. (D) and ''seaport or airport'' for

''port'' in subpars. (E) and (F), and added subpar. (H).

1993 - Subsecs. (a) and (b). Pub. L. 103-182, Sec. 635(1),

amended subsecs. (a) and (b) generally, substituting present

provisions for provisions relating to, in subsec. (a), the

requirement, form, and contents of manifests and, in subsec. (b),

the signing and delivery of manifests.

Subsec. (d). Pub. L. 103-182, Sec. 635(2), added subsec. (d).

1988 - Subsec. (c)(1)(G). Pub. L. 100-690 substituted ''country

of origin'' for ''country or origin''.

1984 - Subsec. (a). Pub. L. 98-573, Sec. 203(1), inserted ''; and

the names of the shippers of such merchandise'' in par.

Third.

Subsec. (c). Pub. L. 98-573, Sec. 203(2), added subsec. (c).

1953 - Act Aug. 8, 1953, designated existing provisions as

subsec. (a) and added subsec. (b).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-295 applicable as of Dec. 8, 1993, see

section 3(b) of Pub. L. 104-295, set out as a note under section

1321 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective on 15th day after Oct. 30,

1984, see section 214(a), (b) of Pub. L. 98-573, set out as a note

under section 1304 of this title.

EFFECTIVE DATE OF 1953 AMENDMENT; SAVINGS PROVISION

Amendment to this section effective on and after thirtieth day

following Aug. 8, 1953, and savings provision, see notes set out

under section 1304 of this title.

REGULATIONS

Section 14 of Pub. L. 104-153 provided that: ''Not later than 6

months after the date of the enactment of this Act (July 2, 1996),

the Secretary of the Treasury shall prescribe such regulations or

amendments to existing regulations that may be necessary to carry

out the amendments made by sections 9, 10, 11, 12, and 13 of this

Act (amending this section, sections 1484 and 1526 of this title,

and section 80302 of Title 49, Transportation).''
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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1436 of this title; title

18 section 965.

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