                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
                 SUBTITLE III--ADMINISTRATIVE PROVISIONS
 
       Part I--Definitions and National Customs Automation Program
 
                         subpart a--definitions
 
Sec. 1401. Miscellaneous

    When used in this subtitle or in part I of subtitle II of this 
chapter--

(a) Vessel

    The word ``vessel'' includes every description of water craft or 
other contrivance used, or capable of being used, as a means of 
transportation in water, but does not include aircraft.

(b) Vehicle

    The word ``vehicle'' includes every description of carriage or other 
contrivance used, or capable of being used, as a means of transportation 
on land, but does not include aircraft.

(c) Merchandise

    The word ``merchandise'' means goods, wares, and chattels of every 
description, and includes merchandise the importation of which is 
prohibited, and monetary instruments as defined in section 5312 of title 
31.

(d) Person

    The word ``person'' includes partnerships, associations, and 
corporations.

(e) Master

    The word ``master'' means the person having the command of the 
vessel.

(f) Day

    The word ``day'' means the time from eight o'clock antemeridian to 
five o'clock postmeridian.

(g) Night

    The word ``night'' means the time from five o'clock postmeridian to 
eight o'clock antemeridian.

(h) United States

    The term ``United States'' includes all Territories and possessions 
of the United States except the Virgin Islands, American Samoa, Wake 
Island, Midway Islands, Kingman Reef, Johnston Island, and the island of 
Guam.

(i) Officer of the customs; customs officer

    The terms ``officer of the customs'' and ``customs officer'' mean 
any officer of the United States Customs Service of the Treasury 
Department (also hereinafter referred to as the ``Customs Service'') or 
any commissioned, warrant, or petty officer of the Coast Guard, or any 
agent or other person authorized by law or designated by the Secretary 
of the Treasury to perform any duties of an officer of the Customs 
Service.

(j) Customs waters

    The term ``customs waters'' means, in the case of a foreign vessel 
subject to a treaty or other arrangement between a foreign government 
and the United States enabling or permitting the authorities of the 
United States to board, examine, search, seize, or otherwise to enforce 
upon such vessel upon the high seas the laws of the United States, the 
waters within such distance of the coast of the United States as the 
said authorities are or may be so enabled or permitted by such treaty or 
arrangement and, in the case of every other vessel, the waters within 
four leagues of the coast of the United States.

(k) Hovering vessel

    The term ``hovering vessel'' means--
        (1) any vessel which is found or kept off the coast of the 
    United States within or without the customs waters, if, from the 
    history, conduct, character, or location of the vessel, it is 
    reasonable to believe that such vessel is being used or may be used 
    to introduce or promote or facilitate the introduction or attempted 
    introduction of merchandise into the United States in violation of 
    the laws of the United States; and
        (2) any vessel which has visited a vessel described in paragraph 
    (1).

(l) Secretary

    The term ``Secretary'' means the Secretary of the Treasury or his 
delegate.

(m) Controlled substance

    The term ``controlled substance'' has the meaning given that term in 
section 802(6) of title 21. For purposes of this chapter, a controlled 
substance shall be treated as merchandise the importation of which into 
the United States is prohibited, unless the importation is authorized 
under--
        (1) an appropriate license or permit; or
        (2) the Controlled Substances Import and Export Act [21 U.S.C. 
    951 et seq.].

(n) Electronic transmission

    The term ``electronic transmission'' means the transfer of data or 
information through an authorized electronic data interchange system 
consisting of, but not limited to, computer modems and computer 
networks.

(o) Electronic entry

    The term ``electronic entry'' means the electronic transmission to 
the Customs Service of--
        (1) entry information required for the entry of merchandise, and
        (2) entry summary information required for the classification 
    and appraisement of the merchandise, the verification of statistical 
    information, and the determination of compliance with applicable 
    law.

(p) Electronic data interchange system

    The term ``electronic data interchange system'' means any 
established mechanism approved by the Commissioner of Customs through 
which information can be transferred electronically.

(q) National Customs Automation Program

    The term ``National Customs Automation Program'' means the program 
established under section 1411 of this title.

(r) Import activity summary statement

    The term ``import activity summary statement'' refers to data or 
information transmitted electronically to the Customs Service, in 
accordance with such regulations as the Secretary prescribes, at the end 
of a specified period of time which enables the Customs Service to 
assess properly the duties, taxes and fees on merchandise imported 
during that period, collect accurate statistics and determine whether 
any other applicable requirement of law (other than a requirement 
relating to release from customs custody) is met.

(s) Reconciliation

    The term ``reconciliation'' means an electronic process, initiated 
at the request of an importer, under which the elements of an entry 
(other than those elements related to the admissibility of the 
merchandise) that are undetermined at the time the importer files or 
transmits the documentation or information required by section 
1484(a)(1)(B) of this title, or the import activity summary statement, 
are provided to the Customs Service at a later time. A reconciliation is 
treated as an entry for purposes of liquidation, reliquidation, 
recordkeeping, and protest.

(June 17, 1930, ch. 497, title IV, Sec. 401, 46 Stat. 708; Aug. 5, 1935, 
ch. 438, title II, Sec. 201, 49 Stat. 521; June 25, 1938, ch. 679, 
Sec. 2, 52 Stat. 1077; Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 
Stat. 1352; June 30, 1955, ch. 258, Sec. 2(a)(3), 69 Stat. 242; Pub. L. 
91-271, title III, Sec. 301(c), June 2, 1970, 84 Stat. 288; Pub. L. 99-
570, title III, Sec. 3111, Oct. 27, 1986, 100 Stat. 3207-80; Pub. L. 
103-182, title VI, Sec. 634, Dec. 8, 1993, 107 Stat. 2198; Pub. L. 104-
295, Secs. 3(a)(6)(A), 18(a), Oct. 11, 1996, 110 Stat. 3515, 3524.)

                       References in Text

    The Controlled Substances Import and Export Act, referred to in 
subsec. (m)(2), is title III of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 
1285, as amended, which is classified principally to subchapter II 
(Sec. 951 et seq.) of chapter 13 of Title 21, Food and Drugs. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 951 of Title 21 and Tables.

                          Codification

    Section is based on the designated subsections of section 401 of act 
June 17, 1930, as amended. The last undesignated paragraph of section 
401, as added by section 201 of act Aug. 5, 1935, is classified to 
section 1432a of this title.
    Words ``the Philippine Islands'' formerly set out in subsec. (h) 
were omitted on authority of Proc. No. 2695, which is set out as a note 
under section 1394 of Title 22, Foreign Relations and Intercourse, and 
in which the President proclaimed the independence of the Philippines.


                            Prior Provisions

    Provisions similar to those in this section were contained in act 
Sept. 21, 1922, ch. 356, title IV, Sec. 401, 42 Stat. 948, which 
superseded R.S. Secs. 2766 and Section 401 of the 1922 act was 
superseded by section 401 of act June 17, 1930, comprising this section, 
and repealed by section 651(a)(1) of the 1930 Act.
    Section III of the Underwood Tariff Act of Oct. 3, 1913, ch. 16, 38 
Stat. 181, amending the Customs Administrative Act of June 10, 1890, ch. 
407, 26 Stat. 131, was repealed by section 643 of the act of Sept. 21, 
1922, ch. 356, title IV, 42 Stat. 989.
    Section III, by subdivision A thereof, amended the Customs 
Administrative Act of June 10, 1890, ch. 407, 26 Stat. 131, as 
previously amended, to read as set forth in section III, subdivisions B-
CC. By that amendment and reenactment, the Customs Administrative Act of 
June 10, 1890, and the amendments thereof by act July 24, 1897, ch. 11, 
Sec. 32, 30 Stat. 211, act May 17, 1898, ch. 341, 30 Stat. 417, Act Dec. 
15, 1902, ch. 1, 32 Stat. 753, act May 27, 1908, ch. 205, 35 Stat. 403, 
and the Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6, Sec. 28, 36 
Stat. 91, were superseded, except the provisions thereof mentioned in a 
proviso of section IV, S, of that act.
    The Customs Administrative Act of June 10, 1890, as originally 
enacted and as amended previous to the Payne-Aldrich Tariff Act, 
consisted of thirty sections, of which section 30 prescribed the time 
when the act should go into effect. Of the preceding twenty-nine 
sections of the original act, section 15 providing for review by the 
courts of decisions of the Board of General Appraisers, was omitted from 
the act as further amended by the Payne-Aldrich Tariff Act, and the 
remaining twenty-eight sections were amended thereby, constituting 
sections 1-28 thereof. A new section, designated as section 29, was 
added by the Payne-Aldrich Tariff Act, which created a Court of Customs 
Appeals and prescribed its jurisdiction and powers, proceedings, etc. 
Its provisions were incorporated in and superseded by chapter 8 of the 
Judicial Code of March 3, 1911. Another new section, designated as 
section 30, was also added by the Payne-Aldrich Tariff Act, which 
provided for the appointment of an Assistant Attorney-General, a Deputy 
Assistant Attorney-General, and attorneys, in charge of matters of 
reappraisement, etc., of imported goods and litigation incident thereto. 
Section 30 was incorporated into the Code as section 296 of former Title 
5, Executive Departments and Government Officers and Employees, and 
subsequently repealed by Pub. L. 89-554, Sept. 6, 1966, Sec. 8(a), 80 
Stat. 632.


                               Amendments

    1996--Subsec. (s). Pub. L. 104-295, Sec. 18(a), amended first 
sentence generally. Prior to amendment, first sentence read as follows: 
``The term `reconciliation' means an electronic process, initiated at 
the request of an importer, under which the elements of an entry, other 
than those elements related to the admissibility of the merchandise, 
that are undetermined at the time of entry summary are provided to the 
Customs Service at a later time.''
    Pub. L. 104-295, Sec. 3(a)(6)(A), inserted ``recordkeeping,'' after 
``reliquidation,''.
    1993--Subsec. (k). Pub. L. 103-182, Sec. 634(1), amended subsec. (k) 
generally. Prior to amendment, subsec. (k) read as follows:
    ``(1) The term `hovering vessel' means any vessel which is found or 
kept off the coast of the United States within or without the customs 
waters, if, from the history, conduct, character, or location of the 
vessel, it is reasonable to believe that such vessel is being used or 
may be used to introduce or promote or facilitate the introduction or 
attempted introduction of merchandise into the United States in 
violation of the laws respecting the revenue.
    ``(2) For the purposes of sections 1432, 1433, 1434, 1448, 1585, and 
1586 of this title, any vessel which--
        ``(A) has visited any hovering vessel;
        ``(B) has received merchandise while in the customs waters 
    beyond the territorial sea; or
        ``(C) has received merchandise while on the high seas;
shall be deemed to arrive or have arrived, as the case may be, from a 
foreign port or place.''
    Subsecs. (n) to (s). Pub. L. 103-182, Sec. 634(2), added subsecs. 
(n) to (s).
    1986--Subsec. (c). Pub. L. 99-570, Sec. 3111(1), inserted ``, and 
monetary instruments as defined in section 5312 of title 31''.
    Subsec. (k). Pub. L. 99-570, Sec. 3111(2), (3), designated existing 
provisions as par. (1) and added par. (2).
    Subsec. (m). Pub. L. 99-570, Sec. 3111(4), added subsec. (m).
    1970--Subsec. (h). Pub. L. 91-271, Sec. 301(c)(1), (2), struck out 
subsec. (h) which defined ``collector'', and redesignated subsec. (k) as 
(h).
    Subsec. (i). Pub. L. 91-271, Sec. 301(c)(1), (2), struck out subsec. 
(i) which defined ``comptroller of customs'', redesignated subsec. (l) 
as (i), and, as so redesignated, defined ``customs officer''.
    Subsec. (j). Pub. L. 91-271, Sec. 301(c)(1), (2), struck out subsec. 
(j) which defined ``appraiser'', and redesignated subsec. (m) as (j).
    Subsec. (k). Pub. L. 91-271, Sec. 301(c)(1), (2), redesignated 
subsec. (n) as (k). Former subsec. (k) redesignated (h).
    Subsec. (l). Pub. L. 91-271, Sec. 301(c)(2), (3), added subsec. (l). 
Former subsec. (l) redesignated (i).
    Subsecs. (m), (n). Pub. L. 91-271, Sec. 301(c)(2), redesignated 
subsecs. (m) and (n) as (j) and (k), respectively.
    1955--Subsec. (k). Act June 30, 1955, inserted ``Johnston Island''.
    1938--Subsec. (k). Act June 25, 1938, inserted ``Wake Island, Midway 
Islands, Kingman Reef'' before ``and the island of Guam''.
    1935--Subsecs. (l) to (n). Act Aug. 5, 1935, added subsecs. (l) to 
(n).

                         Change of Name

    United States Customs Service substituted for Bureau of Customs in 
subsec. (i) pursuant to Treasury Department Order 165-23, Apr. 4, 1973, 
eff. Aug. 1, 1973, 38 F.R. 13037. See, also, section 308 of Title 31, 
Money and Finance.


                    Effective Date of 1996 Amendment

    Amendment by section 3(a)(6)(A) of Pub. L. 104-295 applicable as of 
Dec. 8, 1993, see section 3(b) of Pub. L. 104-295, set out as a note 
under section 1321 of this title.


                    Effective Date of 1970 Amendment

    For effective date of amendment by Pub. L. 91-271, see section 203 
of Pub. L. 91-271, set out as a note under section 1500 of this title.


                    Effective Date of 1955 Amendment

    Section 2(d) of act June 30, 1955, provided that: ``The amendments 
made by this section [amending this section, sections 1557, 1562, and 
1709 of this title, and sections 542, 544, and 545 of Title 18, Crimes 
and Criminal Procedure] shall take effect on the day following the day 
on which this Act is enacted [July 1, 1955].''


                    Effective Date of 1938 Amendment

    Section 37 of act June 25, 1938, provided that: ``Sections 31 and 34 
of this Act [amending section 1001 of this title] shall take effect on 
the date of enactment of this Act [June 25, 1938]. Except as otherwise 
specially provided in this Act, the remainder of this Act [amending this 
section and sections 1001, 1201, 1304, 1308, 1309, 1315, 1317, 1402, 
1451, 1459, 1460, 1484, 1485, 1491, 1499, 1501, 1516, 1520, 1524, 1553, 
1557, 1558, 1559, 1562, 1563, 1603, 1607, 1609, 1613, 1623, and 1709 of 
this title, enacting sections 1321, 1467, and 1528 of this title, and 
amending section 331 of former Title 46, Shipping] shall take effect on 
the thirtieth day following the date of its enactment.''

                          Transfer of Functions

    Functions of all officers of Department of the Treasury and 
functions of all agencies and employees of such Department transferred, 
with certain exceptions, to Secretary of the Treasury, with power vested 
in him to authorize their performance or performance of any of his 
functions, by any of those officers, agencies, and employees, by Reorg. 
Plan No. 26 of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 
Stat. 1280, 1281, set out in the Appendix to Title 5, Government 
Organization and Employees.

                  Section Referred to in Other Sections

    This section is referred to in section 1677 of this title; title 10 
section 374; title 18 section 553; title 22 section 6005; title 46 App. 
section 1155.
