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19 U.S.C. § 1564Liens

submitted 96 years ago by ch. 497 to r/title-19-CUSTOMS-DUTIES · 201 words · no verdicts yet

in plain englishAI-generated · not legal advice

A customs officer must block delivery of imported merchandise when notified in writing of a freight, charge, or general-average lien until the lien is shown to be satisfied. The United States is protected from liability for that refusal, and a valid lien is paid from sale proceeds if the merchandise is forfeited or abandoned.

If a customs officer receives written notice of a lien for freight, charges, or a contribution in general average on imported merchandise sent to the appraiser’s store, entered for warehousing, or taken into the officer’s possession, the officer must refuse delivery from a public store or bonded warehouse until proof shows that the lien was satisfied or discharged. Filing the lien does not harm the United States’ rights, and neither the United States nor its officers are liable for losses or damages caused by refusing delivery. If the merchandise is forfeited or abandoned and sold, the freight, charges, or general-average contribution owed must be paid from the sale proceeds in the same way as other lawful charges and expenses. This section also applies to licensed customs brokers who otherwise have such a lien under statutes, common law, or an order of a court with proper jurisdiction of a State.
the actual law source: uscode.house.gov ↗public domain

Whenever a customs officer shall be notified in writing of the existence of a lien for freight, charges, or contribution in general average upon any imported merchandise sent to the appraiser’s store for examination, entered for warehousing or taken possession of by him, he shall refuse to permit delivery thereof from public store or bonded warehouse until proof shall be produced that the said lien has been satisfied or discharged. The rights of the United States shall not be prejudiced or affected by the filing of such lien, nor shall the United States or its officers be liable for losses or damages consequent upon such refusal to permit delivery. If merchandise, regarding which such notice of lien has been filed, shall be forfeited or abandoned and sold, the freight, charges, or contribution in general average due thereon shall be paid from the proceeds of such sale in the same manner as other lawful charges and expenses are paid therefrom. The provisions of this section shall apply to licensed customs brokers who otherwise possess a lien for the purposes stated above upon the merchandise under the statutes or common law, or by order of any court of competent jurisdiction, of any State.

Source credit: (June 17, 1930, ch. 497, title IV, § 564, 46 Stat. 747; Pub. L. 91–271, title III, § 301(w), June 2, 1970, 84 Stat. 290; Pub. L. 98–573, title II, § 212(c)(A), formerly § 212(b)(7)(A), Oct. 30, 1984, 98 Stat. 2984, renumbered Pub. L. 99–514, title XVIII, § 1889(3), Oct. 22, 1986, 100 Stat. 2925.)

history & why it existsrecord from the source credit
  • 1930Enacted · Act of June 17, 1930, ch. 497 · 46 Stat. 747
  • 1970Amended · Pub. L. 91-271 · 84 Stat. 290
  • 1984Amended · Pub. L. 98-573 · 98 Stat. 2984

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

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