19 USC 1644a

Page 285

§ 1644a

TITLE 19—CUSTOMS DUTIES

section 701(b)(2) of Pub. L. 96–417, set out as a note
under section 251 of Title 28, Judiciary and Judicial
Procedure.
EFFECTIVE DATE OF 1970 AMENDMENT
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.
TRANSFER OF FUNCTIONS
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 November 25, 2002, as modified, set out as a note under section
542 of Title 6.
PLAN AMENDMENTS NOT REQUIRED UNTIL
JANUARY 1, 1989
For provisions directing that if any amendments
made by subtitle A or subtitle C of title XI [§§ 1101–1147
and 1171–1177] or title XVIII [§§ 1801–1899A] of Pub. L.
99–514 require an amendment to any plan, such plan
amendment shall not be required to be made before the
first plan year beginning on or after Jan. 1, 1989, see
section 1140 of Pub. L. 99–514, as amended, set out as a
note under section 401 of Title 26, Internal Revenue
Code.

§ 1642. Omitted
CODIFICATION
In compliance with a request from the President on
July 2, 1932, the survey authorized by this section, act
June 17, 1930, ch. 497, title IV, § 642, 46 Stat. 760, was
made and submitted to the President on February 28,
1933. See Tariff Commission Reports, No. 70, Second Series.

§ 1643. Application of customs reorganization act
The rights, privileges, powers, and duties vested in or imposed upon the Secretary of the
Treasury by this chapter shall be subject to the
provisions of subdivision (a) of section 2073 of
this title.
(June 17, 1930, ch. 497, title IV, § 643, 46 Stat. 761.)
REFERENCES IN TEXT
Subdivision (a) of section 2073 of this title, referred to
in text, was repealed by act Sept. 3, 1954, ch. 1263, § 10,
68 Stat. 1229.

§ 1644. Application of section 1644a(b)(1) of this
title and section 1518(d) of title 33
(a) The authority vested by section 1644a(b)(1)
of this title in the Secretary of the Treasury, by
regulation to provide for the application to civil
air navigation of the laws and regulations relating to the administration of customs, and of the
laws and regulations relating to the entry and
clearance of vessels, shall extend to the application in like manner of any of the provisions of
this chapter, or of the Anti-Smuggling Act of
1935 [19 U.S.C. 1701 et seq.], or of any regulations
promulgated hereunder.
(b) For purposes of section 1518(d) of title 33,
the term ‘‘customs laws administered by the
Secretary of the Treasury’’ shall mean this
chapter and any other provisions of law classified to this title.

(June 17, 1930, ch. 497, title IV, § 644, 46 Stat. 761;
Pub. L. 96–467, § 21(2), (3), Oct. 17, 1980, 94 Stat.
2228; Pub. L. 98–473, title II, § 322, Oct. 12, 1984, 98
Stat. 2056.)
REFERENCES IN TEXT
The Anti-Smuggling Act of 1935, referred to in subsec.
(a), probably means the Anti-Smuggling Act which is
act Aug. 5, 1935, ch. 438, 49 Stat. 517, as amended, which
is classified principally to chapter 5 (§ 1701 et seq.) of
this title. For complete classification of this Act to the
Code, see section 1711 of this title and Tables.
CODIFICATION
In subsec. (a), ‘‘section 1644a(b)(1) of this title’’ substituted for ‘‘section 1109 of the Federal Aviation Act of
1958 (49 U.S.C. 1509)’’ on authority of Pub. L. 103–272,
§ 6(b), July 5, 1994, 108 Stat. 1378, the first section of
which enacted subtitles II, III, and V to X of Title 49,
Transportation.
AMENDMENTS
1984—Subsec. (a). Pub. L. 98–473 substituted reference
to section 1509 of title 49, Appendix, for reference to
section 177 of former title 49, struck out reference to
the Commissioner of Customs, and inserted reference
to the Anti-Smuggling Act of 1935.
Subsec. (b). Pub. L. 98–473 reenacted subsec. (b) without change.
1980—Pub. L. 96–467 designated existing provisions as
subsec. (a) and added subsec. (b).

§ 1644a. Ports of entry
(a) Definitions
The definitions in section 40102(a) of title 49
apply to this section.
(b) Secretary of the Treasury
(1) The Secretary of the Treasury may—
(A) designate ports of entry in the United
States for civil aircraft arriving in the United
States from a place outside the United States
and property transported on that aircraft;
(B) detail to ports of entry officers and employees of the United States Customs Service
the Secretary considers necessary;
(C) give an officer or employee of the United
States Government stationed at a port of
entry (with the consent of the head of the department, agency, or instrumentality of the
Government with jurisdiction over the officer
or employee) duties and powers of officers or
employees of the Customs Service;
(D) by regulation, apply to civil air navigation the laws and regulations on carrying out
the customs laws, to the extent and under conditions the Secretary considers necessary; and
(E) by regulation, apply to civil aircraft the
laws and regulations on entry and clearance of
vessels, to the extent and under conditions the
Secretary considers necessary.
(2) A person violating a customs regulation
prescribed under paragraph (1)(A)–(D) of this
subsection or a public health or customs law or
regulation made applicable to aircraft by a regulation under paragraph (1)(A)–(D) is liable to the
Government for a civil penalty of $5,000 for each
violation. An aircraft involved in the violation
may be seized and forfeited under the customs
laws. The Secretary of the Treasury may remit
or mitigate a penalty and forfeiture under this
paragraph.
(3) A person violating a regulation made applicable under paragraph (1)(E) of this subsection