                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
                 SUBTITLE III--ADMINISTRATIVE PROVISIONS
 
                     Part V--Enforcement Provisions
 
Sec. 1615. Burden of proof in forfeiture proceedings

    In all suits or actions (other than those arising under section 1592 
of this title) brought for the forfeiture of any vessel, vehicle, 
aircraft, merchandise, or baggage seized under the provisions of any law 
relating to the collection of duties on imports or tonnage, where the 
property is claimed by any person, the burden of proof shall lie upon 
such claimant; and in all suits or actions brought for the recovery of 
the value of any vessel, vehicle, aircraft, merchandise, or baggage, 
because of violation of any such law, the burden of proof shall be upon 
the defendant: Provided, That probable cause shall be first shown for 
the institution of such suit or action, to be judged of by the court, 
subject to the following rules of proof:
        (1) The testimony or deposition of the officer of the customs 
    who has boarded or required to come to a stop or seized a vessel, 
    vehicle, or aircraft, or has arrested a person, shall be prima facie 
    evidence of the place where the act in question occurred.
        (2) Marks, labels, brands, or stamps, indicative of foreign 
    origin, upon or accompanying mechandise \1\ or containers of 
    merchandise, shall be prima facie evidence of the foreign origin of 
    such merchandise.
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    \1\ So in original. Probably should be ``merchandise''.
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        (3) The fact that a vessel of any description is found, or 
    discovered to have been, in the vicinity of any hovering vessel and 
    under any circumstances indicating contact or communication 
    therewith, whether by proceeding to or from such vessel, or by 
    coming to in the vicinity of such vessel, or by delivering to or 
    receiving from such vessel any merchandise, person, or 
    communication, or by any other means effecting contact or 
    communication therewith, shall be prima facie evidence that the 
    vessel in question has visited such hovering vessel.

(June 17, 1930, ch. 497, title IV, Sec. 615, 46 Stat. 757; Aug. 5, 1935, 
ch. 438, title II, Sec. 207, 49 Stat. 525; Pub. L. 95-410, title I, 
Sec. 110(d), Oct. 3, 1978, 92 Stat. 896; Pub. L. 98-473, title II, 
Sec. 321, Oct. 12, 1984, 98 Stat. 2056; Pub. L. 98-573, title II, 
Sec. 213(a)(13), Oct. 30, 1984, 98 Stat. 2987.)


                            Prior Provisions

    Provisions somewhat similar to those in this section were contained 
in act Oct. 3, 1913, ch. 16, Sec. III, T, 38 Stat. 189, the provisions 
of which were originally enacted in the Customs Administrative Act of 
June 10, 1890, ch. 407, Sec. 21, 26 Stat. 140, and reenacted by the 
Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6, Sec. 28, 36 Stat. 101, 
and amended by the 1913 act. Section III of the 1913 act was superseded 
by act Sept. 21, 1922, ch. 356, title IV, Sec. 615, 42 Stat. 987, and 
was repealed by section 643 thereof. Section 615 of the 1922 act was 
superseded by section 615 of act June 17, 1930, comprising this section, 
and repealed by section 651(a)(1) of the 1930 act.


                               Amendments

    1984--Pub. L. 98-573 and Pub. L. 98-473 inserted reference to 
aircraft in provisions preceding par. (1) and in par. (1).
    1978--Pub. L. 95-410 inserted ``(other than those arising under 
section 1592 of this title)'' after ``In all suits or actions''.
    1935--Act Aug. 5, 1935, inserted a comma in place of a period at the 
end, inserted ``subject to the following rules of proof'', and added 
subds. (1) to (3).


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-573 effective Oct. 15, 1984, see section 
214(e) of Pub. L. 98-573, set out as a note under section 1304 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1600, 2610 of this title.
