                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
                 SUBTITLE III--ADMINISTRATIVE PROVISIONS
 
      Part II--Report, Entry, and Unlading of Vessels and Vehicles
 
Sec. 1448. Unlading


(a) Permits and preliminary entries

    Except as provided in section 1441 of this title (relating to 
vessels not required to enter or clear), no merchandise, passengers, or 
baggage shall be unladen from any vessel required to make entry under 
section 1434 of this title, or vehicle required to report arrival under 
section 1433 of this title, until entry of such vessel or report of the 
arrival of such vehicle has been made and a permit for the unlading of 
the same issued or transmitted pursuant to an electronic data 
interchange system by the Customs Service. After the entry of any vessel 
or report of the arrival of any vehicle, the Customs Service may issue a 
permit, electronically pursuant to an authorized electronic data 
interchange system or otherwise, to the master of the vessel, or to the 
person in charge of the vehicle, to unlade merchandise or baggage, but 
except as provided in subdivision (b) of this section merchandise or 
baggage so unladen shall be retained at the place of unlading until 
entry therefor is made and a permit for its delivery granted, and the 
owners of the vessel or vehicle from which any imported merchandise is 
unladen prior to entry of such merchandise shall be liable for the 
payment of the duties accruing on any part thereof that may be removed 
from the place of unlading without a permit therefor having been issued. 
The owner or master of any vessel or vehicle, or agent thereof, shall 
notify the Customs Service of any merchandise or baggage so unladen for 
which entry is not made within the time prescribed by law or regulation. 
The Secretary shall by regulation prescribe administrative penalties not 
to exceed $1,000 for each bill of lading for which notice is not given. 
Any such administrative penalty shall be subject to mitigation and 
remittance under section 1618 of this title. Such unentered merchandise 
or baggage shall be the responsibility of the master or person in charge 
of the importing vessel or vehicle, or agent thereof, until it is 
removed from the carrier's control in accordance with section 1490 of 
this title.

(b) Special delivery permit

    The Secretary of the Treasury is authorized to provide by 
regulations for the issuing of special permits for delivery, prior to 
formal entry therefor, of perishable articles and other articles, the 
immediate delivery of which is necessary.

(June 17, 1930, ch. 497, title IV, Sec. 448, 46 Stat. 714; Pub. L. 91-
271, title III, Sec. 301(e), June 2, 1970, 84 Stat. 288; Pub. L. 103-
182, title VI, Sec. 656, Dec. 8, 1993, 107 Stat. 2211.)


                            Prior Provisions

    Provisions similar to those in this section were contained in act 
Sept. 21, 1922, ch. 356, title IV, Sec. 448, 42 Stat. 953. That section 
was superseded by section 448 of act June 17, 1930, comprising this 
section, and repealed by section 651(a)(1) of the 1930 act.
    Provisions similar to those in this section concerning preliminary 
entries, and a further provision that on making such entry lading might 
proceed by both day and night, were contained in act Feb. 13, 1911, ch. 
46, Sec. 2, 36 Stat. 900, prior to repeal by act Sept. 21, 1922, ch. 
356, title IV, Sec. 643, 42 Stat. 989.
    Provisions for the estimation of duties, and the issuance of permits 
for delivery of merchandise, and provisions prescribing the contents of 
such permits, were contained in R.S. Sec. 2869, (as amended by act June 
5, 1894, ch. 92, Sec. 2, 28 Stat. 86) and Sec. 2870, prior to repeal by 
act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42 Stat. 989.
    Provisions as to the removal of merchandise brought in any vessel 
from a foreign port or place, from the wharf or place where it might be 
landed or put, before it had been weighed, gauged, measured, etc., were 
contained in R.S. Sec. 2882, prior to repeal by act Sept. 21, 1922, ch. 
356, title IV, Sec. 642, 42 Stat. 989.


                               Amendments

    1993--Pub. L. 103-182 in first sentence, substituted ``enter or 
clear)'' for ``enter)'' and ``required to make entry under section 1434 
of this title, or vehicle required to report arrival under section 1433 
of this title,'' for ``or vehicle arriving from a foreign port or 
place'', inserted ``or transmitted pursuant to an electronic data 
interchange system'' after ``issued'', and substituted ``the Customs 
Service.'' for ``the appropriate customs officer: Provided, That the 
master may make a preliminary entry of a vessel by making oath or 
affirmation to the truth of the statements contained in the vessel's 
manifest and delivering the manifest to the customs officer who boards 
such vessel, but the making of such preliminary entry shall not excuse 
the master from making formal entry of his vessel at the customhouse, as 
provided by this chapter.'', in second sentence, struck out ``, 
preliminary or otherwise,'' after ``After the entry'', substituted ``the 
Customs Service'' for ``such customs officer'', and inserted ``, 
electronically pursuant to an authorized electronic data interchange 
system or otherwise,'' after ``may issue a permit'', and substituted 
last four sentences for former last sentence which read as follows: 
``Any merchandise or baggage so unladen from any vessel or vehicle for 
which entry is not made within forty-eight hours exclusive of Sunday and 
holidays from the time of the entry of the vessel or report of the 
vehicle, unless a longer time is granted by such customs officer, as 
provided in section 1484 of this title, shall be sent to a bonded 
warehouse or the public stores and held as unclaimed at the risk and 
expense of the consignee in the case of merchandise and of the owner in 
the case of baggage, until entry thereof is made.''
    1970--Subsec. (a). Pub. L. 91-271 substituted references to 
appropriate customs officer or such customs officer for references to 
collector wherever appearing.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in section 58c of this title.
