19 U.S.C. § 1311 — Bonded manufacturing warehouses
submitted 96 years ago by ch. 497 to r/title-19-CUSTOMS-DUTIES · 1,408 words · no verdicts yet
This section allows imported or tax-subject materials to be manufactured in bonded warehouses for export without ordinary duty or revenue stamps, subject to Treasury rules, bonds, customs supervision, records, and special exceptions. It also sets rules for domestic withdrawal, spirits and wines, and duties on certain drawback-eligible exports to specified countries.
Articles made wholly or partly from imported materials or materials subject to internal-revenue tax, and intended for export without duty or an internal-revenue stamp, must be made in bonded manufacturing warehouses similar to class-six bonded warehouses, under Treasury regulations. The manufacturer must first give satisfactory bonds to follow the law and regulations. Distilled spirits may not be made there from grain, starch, molasses, or sugar, including dilutions or mixtures of them.
Goods made in such a warehouse are free of duty and revenue-stamp requirements when exported directly from it or properly loaded for immediate export under the designated officer’s supervision.
Flour made there from wheat imported more than 90 days after June 17, 1930, may not be withdrawn for export unless duty is paid on the imported wheat equal to any treaty-based reduction in duty applicable to the flour in the destination country.
Under Treasury regulations, materials used to make the goods, and packages, coverings, vessels, brands, and labels used to put them up, may enter the warehouse without revenue tax or duty. Imported goods may be transferred duty-free from a bonded warehouse to a bonded manufacturing warehouse. This does not cover tools, machinery, or apparatus used to build or repair the warehouse or conduct its business.
Articles or materials received in the warehouse, and articles made from them, may be withdrawn for direct shipment and export or for bonded transportation and immediate export to foreign countries or the Philippine Islands. The designated officer, under the port customs officer, must supervise and certify the shipment, export, or loading and describe the articles by mark or otherwise, quantity, export date, and vessel name. By-products, including waste from cleaning rice under the March 24, 1874 Act, may be withdrawn for domestic use on duty equal to the duty that would apply if imported from a foreign country. All waste may be destroyed under Government supervision.
All labor and services under these provisions must be supervised by a designated customs officer and paid for by the manufacturer. The customs officer must keep a careful account of merchandise delivered to each warehouse. Each month the manufacturer must make a sworn return, verified by the officers in charge, detailing imported merchandise used to make exported articles. Before starting business, the proprietor must file with Treasury a list of intended products, the manufacturing formula, and the names and quantities of ingredients.
Articles made under these rules may be withdrawn under Treasury regulations for transportation and delivery to another bonded warehouse solely for export. Cigars made entirely from tobacco imported from one country may instead be withdrawn for domestic consumption if the importer pays duty on the tobacco as imported and the internal-revenue tax on the cigars as withdrawn. The boxes or packages must be stamped to show their character, the tobacco’s origin, and the manufacturing place.
Section 3433 of the Revised Statutes applies as far as practicable to warehouses established under this chapter and merchandise sent into them.
Distilled spirits and wines rectified in class-six bonded manufacturing warehouses, and distilled spirits reduced in proof and bottled there, are treated as manufactured under this section. They may be withdrawn as described above and shipped in bond to Puerto Rico, under this section and Treasury regulations, for consumption or rewarehousing and later consumption. When withdrawn for consumption in Puerto Rico, U.S. customs duties must be collected on all imported merchandise, in its imported condition, and imported containers used to make and package the spirits or wines.
An article made in a bonded warehouse from materials that are “goods subject to drawback,” as defined in section 4534(a), may not be withdrawn for export to a “country,” as defined in section 4502, unless duty is assessed on the materials as to their condition, quantity, and weight when imported into the United States. The duty must be paid before the 61st day after export. It may be waived or reduced if, before that day, satisfactory evidence is presented of customs duties paid to the destination country on the article. The reduction cannot exceed the lesser of: (1) all customs duties paid or owed on the materials when imported into the United States; or (2) all customs duties paid on the article to the destination country.
If Canada stops being a “country” and the later suspension of the United States–Canada Free-Trade Agreement ends, an article made in a bonded warehouse generally may not be withdrawn for export to Canada while that Agreement operates unless duty is paid on the imported merchandise as it was when imported and at the rate then in effect. This does not apply to the extent the article is made from an article eligible for drawback under section 204(a) of the Agreement’s Implementation Act of 1988.
An article made in a bonded warehouse from materials that are “goods subject to Chile FTA drawback,” as defined in section 203(a) of the United States–Chile Free Trade Agreement Implementation Act, may not be withdrawn for export to Chile unless duty is assessed on the materials as to their condition, quantity, and weight when imported into the United States. The duty must be paid before the 61st day after export, but it may be waived or reduced by: (1) 100 percent during the eight years beginning January 1, 2004; (2) 75 percent during the one year beginning January 1, 2012; (3) 50 percent during the one year beginning January 1, 2013; and (4) 25 percent during the one year beginning January 1, 2014. This section does not define “goods subject to drawback,” “country,” or “goods subject to Chile FTA drawback.”
All articles manufactured in whole or in part of imported materials, or of materials subject to internal-revenue tax, and intended for exportation without being charged with duty, and without having an internal-revenue stamp affixed thereto, shall, under such regulations as the Secretary of the Treasury may prescribe, in order to be so manufactured and exported, be made and manufactured in bonded warehouses similar to those known and designated in Treasury Regulations as bonded warehouses, class six: Provided, That the manufacturer of such articles shall first give satisfactory bonds for the faithful observance of all the provisions of law and of such regulations as shall be prescribed by the Secretary of the Treasury: Provided further, That the manufacture of distilled spirits from grain, starch, molasses, or sugar, including all dilutions or mixtures of them or either of them, shall not be permitted in such manufacturing warehouses.
Whenever goods manufactured in any bonded warehouse established under the provisions of the preceding paragraph shall be exported directly therefrom or shall be duly laden for transportation and immediate exportation under the supervision of the proper officer who shall be duly designated for that purpose, such goods shall be exempt from duty and from the requirements relating to revenue stamps.
No flour, manufactured in a bonded manufacturing warehouse from wheat imported after ninety days after June 17, 1930, shall be withdrawn from such warehouse for exportation without payment of a duty on such imported wheat equal to any reduction in duty which by treaty will apply in respect of such flour in the country to which it is to be exported.
Any materials used in the manufacture of such goods, and any packages, coverings, vessels, brands, and labels used in putting up the same may, under the regulations of the Secretary of the Treasury, be conveyed without the payment of revenue tax or duty into any bonded manufacturing warehouse, and imported goods may, under the aforesaid regulations, be transferred without the exaction of duty from any bonded warehouse into any bonded manufacturing warehouse; but this privilege shall not be held to apply to implements, machinery, or apparatus to be used in the construction or repair of any bonded manufacturing warehouse or for the prosecution of the business carried on therein.
Articles or materials received into such bonded manufacturing warehouse or articles manufactured therefrom may be withdrawn or removed therefrom for direct shipment and exportation or for transportation and immediate exportation in bond to foreign countries or to the Philippine Islands under the supervision of the officer duly designated therefor by the appropriate customs officer of the port, who shall certify to such shipment and exportation, or ladening for transportation, as the case may be, describing the articles by their mark or otherwise, the quantity, the date of exportation, and the name of the vessel: Provided, That the by-products incident to the processes of manufacture, including waste derived from cleaning rice in bonded warehouses under the Act of March 24, 1874, ch. 65, 18 Stat. 24, in said bonded warehouses may be withdrawn for domestic consumption on the payment of duty equal to the duty which would be assessed and collected by law if such waste or by-products were imported from a foreign country: Provided, That all waste material may be destroyed under Government supervision. All labor performed and services rendered under these provisions shall be under the supervision of a duly designated officer of the customs and at the expense of the manufacturer.
A careful account shall be kept by the appropriate customs officer of all merchandise delivered by him to any bonded manufacturing warehouse, and a sworn monthly return, verified by the customs officers in charge, shall be made by the manufacturer containing a detailed statement of all imported merchandise used by him in the manufacture of exported articles.
Before commencing business the proprietor of any manufacturing warehouse shall file with the Secretary of the Treasury a list of all the articles intended to be manufactured in such warehouse, and state the formula of manufacture and the names and quantities of the ingredients to be used therein.
Articles manufactured under these provisions may be withdrawn under such regulations as the Secretary of the Treasury may prescribe for transportation and delivery into any bonded warehouse for the sole purpose of export therefrom: Provided, That cigars manufactured in whole of tobacco imported from any one country, made and manufactured in such bonded manufacturing warehouses, may be withdrawn for home consumption upon the payment of the duties on such tobacco in its condition as imported under such regulations as the Secretary of the Treasury may prescribe, and the payment of the internal-revenue tax accruing on such cigars in their condition as withdrawn, and the boxes or packages containing such cigars shall be stamped to indicate their character, origin of tobacco from which made, and place of manufacture.
The provisions of section 3433 of the Revised Statutes shall, so far as may be practicable, apply to any bonded manufacturing warehouse established under this chapter and to the merchandise conveyed therein.
Distilled spirits and wines which are rectified in bonded manufacturing warehouses, class six, and distilled spirits which are reduced in proof and bottled in such warehouses, shall be deemed to have been manufactured within the meaning of this section, and may be withdrawn as hereinbefore provided, and likewise for shipment in bond to Puerto Rico, subject to the provisions of this section, and under such regulations as the Secretary of the Treasury may prescribe, there to be withdrawn for consumption or be rewarehoused and subsequently withdrawn for consumption: Provided, That upon withdrawal in Puerto Rico for consumption, the duties imposed by the customs laws of the United States shall be collected on all imported merchandise (in its condition as imported) and imported containers used in the manufacture and putting up of such spirits and wines in such warehouses.
No article manufactured in a bonded warehouse from materials that are goods subject to drawback,1 as defined in section 4534(a) of this title, may be withdrawn from warehouse for exportation to a country,1 as defined in section 4502 of this title, without assessment of a duty on the materials in their condition and quantity, and at their weight, at the time of importation into the United States. The duty shall be paid before the 61st day after the date of exportation, except that upon the presentation, before such 61st day, of satisfactory evidence of the amount of any customs duties paid to the country 1 on the article, the customs duty may be waived or reduced (subject to section 4534(e) of this title) in an amount that does not exceed the lesser of—
(1) the total amount of customs duties paid or owed on the materials on importation into the United States, or
(2) the total amount of customs duties paid on the article to the country.1
If Canada ceases to be a country 1 and the suspension of the operation of the United States-Canada Free-Trade Agreement thereafter terminates, no article manufactured in a bonded warehouse, except to the extent that such article is made from an article that is a drawback eligible good under section 204(a) of the United States-Canada Free-Trade Agreement Implementation Act of 1988, may be withdrawn from such warehouse for exportation to Canada during the period such Agreement is in operation without payment of a duty on such imported merchandise in its condition, and at the rate of duty in effect, at the time of importation.
No article manufactured in a bonded warehouse from materials that are goods subject to Chile FTA drawback, as defined in section 203(a) of the United States-Chile Free Trade Agreement Implementation Act, may be withdrawn from warehouse for exportation to Chile without assessment of a duty on the materials in their condition and quantity, and at their weight, at the time of importation into the United States. The duty shall be paid before the 61st day after the date of exportation, except that the duty may be waived or reduced by—
(1) 100 percent during the 8-year period beginning on January 1, 2004;
(2) 75 percent during the 1-year period beginning on January 1, 2012;
(3) 50 percent during the 1-year period beginning on January 1, 2013; and
(4) 25 percent during the 1-year period beginning on January 1, 2014.
Source credit: (June 17, 1930, ch. 497, title III, § 311, 46 Stat. 691; June 26, 1936, ch. 830, title IV, § 404, 49 Stat. 1960; Pub. L. 91–271, title III, § 301(b), June 2, 1970, 84 Stat. 287; Pub. L. 96–39, title VIII, § 856(b), July 26, 1979, 93 Stat. 295; Pub. L. 97–446, title II, § 202, Jan. 12, 1983, 96 Stat. 2350; Pub. L. 100–449, title II, § 204(c)(1), Sept. 28, 1988, 102 Stat. 1862; Pub. L. 103–182, title II, § 203(b)(1), Dec. 8, 1993, 107 Stat. 2088; Pub. L. 108–77, title II, § 203(b)(1), Sept. 3, 2003, 117 Stat. 925; Pub. L. 116–113, title V, § 501(e)(1), Jan. 29, 2020, 134 Stat. 68; Pub. L. 116–260, div. O, title VI, § 601(c)(2)(A)(i), Dec. 27, 2020, 134 Stat. 2150.)
- 1930Enacted · Act of June 17, 1930, ch. 497 · 46 Stat. 691
- 1936Amended · Act of June 26, 1936, ch. 830 · 49 Stat. 1960
- 1970Amended · Pub. L. 91-271 · 84 Stat. 287
- 1979Amended · Pub. L. 96-39 · 93 Stat. 295
- 1983Amended · Pub. L. 97-446 · 96 Stat. 2350
- 1988Amended · Pub. L. 100-449 · 102 Stat. 1862
- 1993Amended · Pub. L. 103-182 · 107 Stat. 2088
- 2003Amended · Pub. L. 108-77 · 117 Stat. 925
- 2020Amended · Pub. L. 116-113 · 134 Stat. 68
- 2020Amended · Pub. L. 116-260 · 134 Stat. 2150
A history note hasn’t been published yet. The record shows enactment by ch. 497 on 1930-06-17.
all 0 arguments · sorted by: best
no arguments yet — make the first case