                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
                     SUBTITLE II--SPECIAL PROVISIONS
 
                          Part I--Miscellaneous
 
Sec. 1309. Supplies for certain vessels and aircraft


(a) Exemption from customs duties and internal-revenue tax

    Articles of foreign or domestic origin may be withdrawn, under such 
regulations as the Secretary of the Treasury may prescribe, from any 
customs bonded warehouse, from continuous customs custody elsewhere than 
in a bonded warehouse, or from a foreign-trade zone free of duty and 
internal-revenue tax, or from any internal-revenue bonded warehouse, 
from any brewery, or from any winery premises or bonded premises for the 
storage of wine, free of internal-revenue tax--
        (1) for supplies (not including equipment) of (A) vessels or 
    aircraft operated by the United States, (B) vessels of the United 
    States employed in the fisheries or in the whaling business, or 
    actually engaged in foreign trade or trade between the Atlantic and 
    Pacific ports of the United States or between the United States and 
    any of its possessions, or between Hawaii and any other part of the 
    United States, or between Alaska and any other part of the United 
    States, or (C) aircraft registered in the United States and actually 
    engaged in foreign trade or trade between the United States and any 
    of its possessions, or between Hawaii and any other part of the 
    United States or between Alaska and any other part of the United 
    States; or
        (2) for supplies (including equipment) or repair of (A) vessels 
    of war of any foreign nation, or (B) foreign vessels employed in the 
    fisheries or in the whaling business, or actually engaged in foreign 
    trade or trade between the United States and any of its possessions, 
    or between Hawaii and any other part of the United States or between 
    Alaska and any other part of the United States, where such trade by 
    foreign vessels is permitted; or
        (3) for supplies (including equipment), ground equipment, 
    maintenance, or repair of aircraft registered in any foreign country 
    and actually engaged in foreign trade or trade between the United 
    States and any of its possessions, or between Hawaii and any other 
    part of the United States or between Alaska and any other part of 
    the United States, where trade by foreign aircraft is permitted. 
    With respect to articles for ground equipment, the exemption 
    hereunder shall apply only to duties and to taxes imposed upon or by 
    reason of importation.

    The provisions for free withdrawals made by this subsection shall 
not apply to petroleum products for vessels or aircraft in voyages or 
flights exclusively between Hawaii or Alaska and any airport or Pacific 
coast seaport of the United States.

(b) Drawback

    Articles withdrawn from bonded warehouses, bonded manufacturing 
warehouses, continuous customs custody elsewhere than in a bonded 
warehouse, or from a foreign-trade zone, imported articles, and articles 
of domestic manufacture or production, laden as supplies upon any such 
vessel or aircraft of the United States or laden as supplies (including 
equipment) upon, or used in the maintenance or repair of, any such 
foreign vessel or aircraft, shall be considered to be exported within 
the meaning of the drawback provisions of this chapter.

(c) Articles removed in, or returned to, the United States

    Any article exempted from duty or tax, or in respect of which 
drawback has been allowed, under this section or section 1317 of this 
title and thereafter removed in the United States from any vessel or 
aircraft, or otherwise returned to the United States, shall be treated 
as an importation from a foreign country.

(d) Reciprocal privileges

    The privileges granted by this section and section 1317 of this 
title in respect of aircraft registered in a foreign country shall be 
allowed only if the Secretary of the Treasury shall have been advised by 
the Secretary of Commerce that he has found that such foreign country 
allows, or will allow, substantially reciprocal privileges in respect of 
aircraft registered in the United States. If the Secretary of Commerce 
shall advise the Secretary of the Treasury that he has found that a 
foreign country has discontinued, or will discontinue, the allowance of 
such privileges, the privileges granted by this section and such section 
1317 shall not apply thereafter in respect of aircraft registered in 
that foreign country.

(June 17, 1930, ch. 497, title III, Sec. 309, 46 Stat. 690; June 25, 
1938, ch. 679, Sec. 5(a), 52 Stat. 1080; July 22, 1941, ch. 314, Sec. 3, 
55 Stat. 602; Aug. 8, 1953, ch. 397, Sec. 11(a), 67 Stat. 514; Pub. L. 
86-606, Sec. 5(a), July 7, 1960, 74 Stat. 361; Pub. L. 101-382, title 
III, Sec. 484A(b), Aug. 20, 1990, 104 Stat. 708.)


                            Prior Provisions

    Provisions similar to those in this section were contained in act 
Oct. 3, 1913, ch. 16, Sec. IV, K, 38 Stat. 197, which superseded a like 
provision made by an amendment of R.S. Sec. 2982, by the Payne-Aldrich 
Tariff Act of Aug. 5, 1909, ch. 6, Sec. 21, 36 Stat. 88. Section IV, K, 
of the act of 1913, and R.S. Sec. 2982 were superseded by act Sept. 21, 
1922, ch. 356, title III, Sec. 309, 42 Stat. 938, and respectively 
repealed by sections 321 and 642 thereof. Section 309 of the act of 1922 
was superseded by section 309 of act June 17, 1930, comprising this 
section, and repealed by section 651(a)(1) of the 1930 act.


                               Amendments

    1990--Subsec. (b). Pub. L. 101-382 inserted ``imported articles,'' 
after ``foreign-trade zone,''.
    1960--Subsec. (a). Pub. L. 86-606 inserted ``, or between Hawaii and 
any other part of the United States or between Alaska and any other part 
of the United States'' after ``possessions'' wherever appearing, and 
made the provisions for free withdrawals inapplicable to petroleum 
products for vessels or aircraft in voyages or flights between Hawaii or 
Alaska and any airport or Pacific coast seaport of the United States.
    1953--Subsec. (a). Act Aug. 8, 1953, extended the exemption from 
payment of duty and internal revenue tax theretofore available to 
supplies for certain vessels and aircraft withdrawn from bonded 
warehouses, bonded manufacturing warehouses, or continuous customs 
custody elsewhere to supplies withdrawn from foreign trade zones; 
accorded free entry for equipment withdrawn for foreign vessels; and 
enlarged the classes of vessels and aircraft theretofore covered to 
include all vessels and aircraft operated by the United States.
    Subsec. (b). Act Aug. 8, 1953, made technical changes to conform 
with the changes made by such act in subsec. (a), including insertion of 
``or from a foreign-trade zone,''.
    1941--Subsec. (a). Act July 22, 1941, inserted ``or from any 
internal-revenue bonded warehouse, from any brewery, or from any winery 
premises or bonded premises for the storage of wine, free of internal-
revenue tax'' after ``internal-revenue tax''.
    1938--Act June 25, 1938, amended section generally, adding subsecs. 
(c) and (d).


                    Effective Date of 1990 Amendment

    Section 484A(c) of Pub. L. 101-382 provided that: ``Notwithstanding 
section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other 
provision of law, the amendments made by this section [amending this 
section and section 1313 of this title] shall apply to--
        ``(1) claims filed or liquidated on or after January 1, 1988, 
    and
        ``(2) claims that are unliquidated, under protest, or in 
    litigation on the date of enactment of this Act [Aug. 20, 1990].''


                    Effective Date of 1960 Amendment

    Section 5(b) of Pub. L. 86-606 provided that: ``The amendment made 
by this section [amending this section] shall apply only with respect to 
articles withdrawn as provided in section 309(a) of the Tariff Act of 
1930, as amended [subsec. (a) of this section], on or after the date of 
the enactment of this Act [July 7, 1960].''


           Effective Date of 1953 Amendment; Savings Provision

    Amendment by act Aug. 8, 1953, effective on and after thirtieth day 
following Aug. 8, 1953, and savings provision, see notes set out under 
section 1304 of this title.


                    Effective Date of 1938 Amendment

    Amendment by act June 25, 1938, effective on thirtieth day following 
June 25, 1938, except as otherwise specifically provided, see section 37 
of act June 25, 1938, set out as a note under section 1401 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in section 1557 of this title; title 26 
sections 5003, 5053, 5055, 5214.
