Notes on 19 U.S.C. § 1459 : US Code - Notes

Search Notes on 19 U.S.C. § 1459 : US Code - Notes

(June 17, 1930, ch. 497, title IV, Sec. 459, 46 Stat. 717; June 25,
1938, ch. 679, Sec. 10(a), 52 Stat. 1082; Pub. L. 99-570, title
III, Sec. 3115(a), Oct. 27, 1986, 100 Stat. 3207-82.)
CODIFICATION
In subsec. (b), "section 1644a(b)(1) or (c)(1) of this title"
substituted for "section 1109 of the Federal Aviation Act of 1958"
on authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994, 108 Stat.
1378, the first section of which enacted subtitles II, III, and V
to X of Title 49, Transportation.
PRIOR PROVISIONS
Provisions similar to those in this section were contained in act
Sept. 21, 1922, ch. 356, title IV, Sec. 459, 42 Stat. 956. That
section was superseded by section 459 of act June 17, 1930,
comprising this section, and repealed by section 651(a)(1) of the
1930 act.
R.S. Sec. 3109, as amended by act Feb. 17, 1898, ch. 26, Sec. 4,
30 Stat. 248, was omitted from the Code as superseded by this
section. It read as follows: "The master of any foreign vessel,
laden or in ballast, arriving, whether by sea or otherwise, in the
waters of the United States from any foreign territory adjacent to
the northern, northeastern, or northwestern frontiers of the United
States, shall report at the office of any collector or deputy
collector of the customs, which shall be nearest to the point at
which such vessel may enter such waters; and such vessel shall not
transfer her cargo or passengers to another vessel or proceed
farther inland, either to unlade or take in cargo, without a
special permit from such collector or deputy collector, issued
under and in accordance with such general or special regulations as
the Secretary of the Treasury may, in his discretion, from time to
time prescribe. This section shall also apply to trade with or
through Alaska. For any violation of this section such vessel shall
be seized and forfeited."
Provisions concerning the manner of importation, landing and
unlading except in districts on the northern, northwestern and
western boundaries, were contained in R.S. Sec. 3095, as amended by
act April 27, 1904, ch. 1625, Sec. 1, 33 Stat. 362.
Additional provisions concerning importations on the northern and
northwestern boundaries, reports, manifests, entries, etc., were
contained in R.S. Secs. 3096 and 3097.
Provisions for the delivery of a manifest by the master of
vessels, except registered vessels, and the person in charge of
boats, vehicles, etc., coming from any foreign territory adjacent
to the United States, were contained in R.S. Sec. 3098.
R.S. Sec. 3121, provided that the master of any vessel with
cargo, passengers, or baggage from any foreign port, should obtain
a permit and comply with existing laws before discharging or
landing the same.
R.S. Sec. 3128, made special provision for landing of merchandise
imported by steamboat on Lake Champlain.
All of the foregoing sections of the Revised Statutes (3095-3098,
3109, 3121 and 3128) with the exception of R.S. Sec. 3109, were
repealed by act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42
Stat. 989.
AMENDMENTS
1986 - Pub. L. 99-570 amended section generally. Prior to
amendment, section read as follows: "The master of any vessel of
less than five net tons carrying merchandise and the person in
charge of any vehicle arriving in the United States from contiguous
country, shall immediately report his arrival to the customs
officer at the port of entry or customhouse which shall be nearest
to the place at which such vessel or vehicle shall cross the
boundary line or shall enter the territorial waters of the United
States, and if such vessel or vehicle have on board any
merchandise, shall produce to such customs officer a manifest as
required by law, and no such vessel or vehicle shall proceed
farther inland nor shall discharge or land any merchandise,
passengers, or baggage without receiving a permit therefor from
such customs officer. Any person importing or bringing merchandise
into the United States from a contiguous country otherwise than in
a vessel or vehicle shall immediately report his arrival to the
customs officer at the port of entry or customhouse which shall be
nearest to the place at which he shall cross the boundary line and
shall present such merchandise to such customs officer for
inspection."
1938 - Act June 25, 1938, substituted provisions requiring any
person importing merchandise from a contiguous country otherwise
than in a vessel to report his arrival at the nearest customshouse
and present such merchandise for inspection for provisions setting
penalties of $100 for for the failure of the master of any vessel
to report its arrival in the United States, forfeiture of vessel
and goods for unlading without a permit, and $500 for the unlading
of any passenger without a permit.
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.