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19 U.S.C. § 1441Exceptions to vessel entry and clearance requirements

submitted 96 years ago by ch. 497 to r/title-19-CUSTOMS-DUTIES · 486 words · no verdicts yet

in plain englishAI-generated · not legal advice

The listed vessels do not have to make entry under section 1434 or obtain clearance under section 60105. Some exceptions require the master to report baggage, merchandise, or other articles immediately or within a stated time.

The following vessels are exempt from entry under section 1434 and clearance under section 60105: (1) war and public vessels used to carry letters and dispatches that their countries' laws do not allow to carry passengers or merchandise in trade; (2) passenger vessels making at least three weekly trips between a United States and foreign port, and vessels used only as ferries carrying passengers, baggage, or merchandise, but their masters must report baggage and merchandise to the proper customs officer within 24 hours after arrival; (3) vessels carrying passengers on an excursion from the United States Virgin Islands to the British Virgin Islands and back, if they do not violate United States customs or navigation laws, have not visited a hovering vessel, and the master immediately reports any article required to be entered; (4) United States-documented recreational vessels and undocumented United States pleasure vessels not engaged in trade, if they meet section 1433 and customs and navigation reporting rules, have not visited a hovering vessel, and the master or any person aboard immediately reports any article required to be entered or declared; (5) vessels arriving in distress or to take on bunker coal, bunker oil, sea stores, or ship's stores and leaving within 24 hours without landing or taking on passengers or other merchandise, if the master, owner, or agent reports under oath the arrival and departure time and the quantity taken aboard; and (6) vessels required to anchor at Belle Isle Anchorage in the Detroit River to await cargo or berth space, take on a pilot, await pilot services, or at the Coast Guard's direction, before proceeding to Toledo, Ohio, where they make entry or obtain clearance.
the actual law source: uscode.house.gov ↗public domain

The following vessels shall not be required to make entry under section 1434 of this title or to obtain clearance under section 60105 of title 46:

(1)

Vessels of war and public vessels employed for the conveyance of letters and dispatches and not permitted by the laws of the nations to which they belong to be employed in the transportation of passengers or merchandise in trade.

(2)

Passenger vessels making three trips or oftener a week between a port of the United States and a foreign port, or vessels used exclusively as ferryboats, carrying passengers, baggage, or merchandise: Provided, That the master of any such vessel shall be required to report such baggage and merchandise to the appropriate customs officer within twenty-four hours after arrival.

(3)

Any vessel carrying passengers on excursion from the United States Virgin Islands to the British Virgin Islands and returning, if—

(A)

the vessel does not in any way violate the customs or navigation laws of the United States;

(B)

the vessel has not visited any hovering vessel; and

(C)

the master of the vessel, if there is on board any article required by law to be entered, reports the article to the Customs Service immediately upon arrival.

(4)

Any United States documented vessel with recreational endorsement or any undocumented United States pleasure vessel not engaged in trade, if—

(A)

the vessel complies with the reporting requirements of section 1433 of this title, and with the customs and navigation laws of the United States;

(B)

the vessel has not visited any hovering vessel; and

(C)

the master of, and any other person on board, the vessel, if the master or such person has on board any article required by law to be entered or declared, reports such article to the Customs Service immediately upon arrival.

(5)

Vessels arriving in distress or for the purpose of taking on bunker coal, bunker oil, sea stores, or ship’s stores and which shall depart within twenty-four hours after arrival without having landed or taken on board any passengers, or any merchandise other than bunker coal, bunker oil, sea stores, or ship’s stores: Provided, That the master, owner, or agent of such vessel shall report under oath to the appropriate customs officer the hour and date of arrival and departure and the quantity of bunker coal, bunker oil, sea stores, or ship’s stores taken on board.

(6)

Any vessel required to anchor at the Belle Isle Anchorage in the waters of the Detroit River in the State of Michigan, for the purposes of awaiting the availability of cargo or berthing space or for the purpose of taking on a pilot or awaiting pilot services, or at the direction of the Coast Guard, prior to proceeding to the Port of Toledo, Ohio, where the vessel makes entry under section 1434 of this title or obtains clearance under section 60105 of title 46.

Source credit: (June 17, 1930, ch. 497, title IV, § 441, 46 Stat. 712; Aug. 5, 1935, ch. 438, title III, § 302, 49 Stat. 527; Aug. 14, 1937, ch. 620, § 1, 50 Stat. 638; Sept. 1, 1954, ch. 1213, title V, § 501(b), 68 Stat. 1140; Pub. L. 91–271, title III, § 301(b), June 2, 1970, 84 Stat. 287; Pub. L. 98–573, title II, § 204, Oct. 30, 1984, 98 Stat. 2974; Pub. L. 103–182, title VI, § 655, Dec. 8, 1993, 107 Stat. 2210; Pub. L. 104–295, § 21(e)(5), Oct. 11, 1996, 110 Stat. 3530; Pub. L. 106–36, title I, § 1001(b)(10), June 25, 1999, 113 Stat. 132; Pub. L. 106–476, title I, § 1452(b), Nov. 9, 2000, 114 Stat. 2168.)

history & why it existsrecord from the source credit
  • 1930Enacted · Act of June 17, 1930, ch. 497 · 46 Stat. 712
  • 1935Amended · Act of Aug. 5, 1935, ch. 438 · 49 Stat. 527
  • 1937Amended · Act of Aug. 14, 1937, ch. 620 · 50 Stat. 638
  • 1954Amended · Act of Sept. 1, 1954, ch. 1213 · 68 Stat. 1140
  • 1970Amended · Pub. L. 91-271 · 84 Stat. 287
  • 1984Amended · Pub. L. 98-573 · 98 Stat. 2974
  • 1993Amended · Pub. L. 103-182 · 107 Stat. 2210
  • 1996Amended · Pub. L. 104-295 · 110 Stat. 3530
  • 1999Amended · Pub. L. 106-36 · 113 Stat. 132
  • 2000Amended · Pub. L. 106-476 · 114 Stat. 2168

A history note hasn’t been published yet. The record shows enactment by ch. 497 on 1930-06-17.

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