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Summary of Laws Enforced by CBP--Customs Duties

Summary of Laws Enforced by CBP--Customs Duties

Write: Xavier [2011-05-20]
CUSTOMS DUTIES



Note: CBP enforces most provisions of Title 19, United States Code. Only the major provisions CBP enforces are listed below. 103 P.L. 182. North American Free Trade Agreement Implementation Act, which extensively amended Title 19 concerning trade between Mexico, Canada. The U.S. Uruguay Round Agreements Act (GATT), amending Title 19 concerning countervailing duties (§§ 1671c, 1671e, 1673c, 1673e); review of anti-dumping determinations (§§ 1504, 1516a, 1675 and 1675a); investigations of violations in this area (§ 1677f); unfair trade practices (§§ 1337, 1368, 1446, 1659); textile transshipments (§ 1592a); liquidation/reliquidation under Generalized System of Preferences (§§ 2461 note, 2465); reimbursements from customs user fee account (§ 58c); and criminal penalties for trafficking in “pirate” recordings or videos (18 U.S.C. § 2319A). Also, the Miscellaneous Trade and Technical Corrections Act of 1996 amended Title 19. See Popular Names listing for section references.

19 U.S.C. §§ 3, 66 - Delegation of Authority

The Secretary of the Treasury shall delegate to CBP the authority to enact the necessary rules in order to carry out the task of collecting duties.

19 U.S.C. §§ 58a-58c - Fees for Services of Customs Officers

This provision enables CBP to collect fees on arriving vessels and to cover the costs of services furnished by CBP officers.

19 U.S.C. §§ 68, 69 - Erection of Buildings

CBP may acquire land and erect buildings along the Canadian and Mexican borders, and in the U.S. Virgin Islands and Guam, to aid in the enforcement of customs and immigration laws; CBP also may erect protective gates across international highways and roads crossing the border as may be necessary to prevent unlawful entry or smuggling.

19 U.S.C. § 70 - Obstruction of Revenue Officers by Masters of Vessels

CBP enforces this statute, which prohibits the master of a vessel from obstructing or hindering any revenue officer from boarding a vessel to enforce the revenue or navigation laws of the United States.

19 U.S.C. §§ 81a-81u - Foreign Trade Zones

CBP controls access to, and acts within, foreign trade zones. Such zones are created pursuant to this statute to allow foreign goods to be manufactured or manipulated in the United States without being “admitted” into the customs territory of the United States. 19 C.F.R. Part 146 (2005); 15 C.F.R. Part 400 (2005).

19 U.S.C §§ 130-131 - Country of Origin

CBP enforces certain prohibitions against importation of goods by the use of other than U.S. or country of origin vessels.

19 U.S.C. § 482 - Search of Vehicles and Persons

This provision gives CBP officers the authority to stop, search, and examine any vehicle, beast, or person entering the United States.

19 U.S.C. § 507 - Officers to Make Character Known

CBP officers are given the authority to demand the assistance of any person, when necessary, to help the officer in carrying out his duties.

19 U.S.C. §§ 1202-1677 - Tariff Act of 1930, as amended

CBP enforces all laws relating to assessment and collection of duty, protection of the revenue, entry of vessels, clearance of passengers, exclusion of prohibited merchandise, and regulation of customhouse brokers.

19 U.S.C. § 1308 - Dog and Cat Protection Act of 2000

CBP enforces this Act, which prohibits the importation into, or exportation from the United States of any dog or cat fur product.

19 U.S.C. §§ 1431, 1484, 1526 - Anticounterfeiting Consumer Protection Act of 1996

CBP enforces the provisions of this act. See also 18 U.S.C. § 2311 note.

19 U.S.C. § 1484(f) - Statistical Enumeration

CBP and Commerce are responsible for collecting and insuring the accuracy of export documentation for statistical purposes.

19 U.S.C. §§ 1701-1711 - Anti-Smuggling Act

CBP is provided with special enforcement authority to cope with smuggling.

19 U.S.C. §§ 1751-1756 - Trade Fair Act of 1959

CBP enforces this Act relating to the entry of merchandise intended for exhibition or for use in constructing, installing, or maintaining foreign exhibits at designated trade fairs.

19 U.S.C. §§ 1801-1821, 1823-1830, 1847-1860, 1862, 1864-1879, 1872, 1874-1881, 1883-1888 - Trade Expansion Act of 1962

This Act authorizes rates of duty and changes in rates of duty to carry out obligations under international trade agreements to which the United States is a party.

19 U.S.C. §§ 2001-2033 - Automotive Products Trade Act of 1965

CBP insures that products claimed to be duty free under this Act are bona-fide products of Canada and are actually used in the manufacture of original automotive equipment.

19 U.S.C. § 2081 - Undercover Investigative Operations of the Customs Service

CBP authority to conduct undercover operations subject to certain statutory exemptions and procedures is codified under this law.

19 U.S.C. §§ 2091-2095 - Importation of Pre-Columbian Art

CBP enforces the provisions requiring that all importations of Pre-Columbian Art be accompanied by a certificate from the country of origin certifying that such exportation was lawful.

19 U.S.C. §§ 2101-2495 - Trade Act of 1974, as amended

CBP, under this Act, is given additional enforcement responsibilities with respect to antidumping, countervailing duties, and unfair import practices. In addition, CBP is given the responsibility of administering a generalized system of preferences applicable to developing nations.

19 U.S.C. §§ 2501-2581 - Trade Agreements Act of 1979

CBP enforces the provisions of agreements or determinations made under this law.

19 U.S.C. §§ 2601-2613 - Convention on Cultural Property

CBP enforces the provisions, which prohibit and prevent illicit importations of cultural property.

19 U.S.C. §§ 2701-2707 - Caribbean Basin Economic Recovery Act

CBP administers the provisions of this Act, which permit duty-free treatment for eligible articles from certain CaribbeanBasin nations.

19 U.S.C. §§ 3001-3012 - Implementation of the Harmonized Tariff Schedule

CBP administers this Act, which implements the nomenclature established by the International Convention on the Harmonized Commodity Description and Coding System.

19 U.S.C. §§ 3201-3206 - Andean Trade Preference Act

CBP insures that articles claimed to be duty-free from Bolivia, Ecuador, Columbia and Peru meet the necessary standards.

19 U.S.C. §§ 3301-3473 - United States-Canadian Free Trade Agreement Implementation Act of 1988

CBP enforces this Act, which adopts the duty preferences of the U.S.- Canada Free Trade Agreement. See also 19 U.S.C. §§ 1508(b)-(d) and 19 C.F.R. §§ 10.301-10.311, Part 24 (2005) and Part 148 (2001).