United States Code

such vessel; and when such duties are performed by a licensed deck officer or purser of such vessel, such acts shall have the same force and effect as if performed by masters of such vessels: Provided, That nothing herein contained shall relieve the master of any penalty or liability provided by any statute relating to the entry or clearance of vessels. (May 4, 1934, ch. 212, 48 Stat. 663.)

CODIFICATION

Section also set out as section 1435a of Title 19, Customs Duties.

§ 92. Repealed. Pub. L. 87–826, § 3, Oct. 15, 1962, 76 Stat. 953.

Section, R.S. § 4200; acts June 16, 1938, ch. 476, § 2, 52 Stat. 759; June 29, 1938, ch. 821, 52 Stat. 1248; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Aug. 31, 1961, Pub. L. 87-191, § 1, 75 Stat. 419, related to manifests of shippers. See section 301 et seq. of Title 13, Census.

paid or secured, according to law, and that no part thereof is intended to be relanded within the United States, and that if by distress or other unavoidable accident it shall become necessary to reland the same, I will forthwith make a just and true report thereof to the collector of the customs of the district wherein such distress or accident may happen. So help me God. (R. S. 4198.)

DERIVATION

Act Mar. 2, 1799, ch. 22, § 93, 1 Stat. 698.

§ 95. Repealed. Pub. L. 87-826, § 3, Oct. 15, 1962, 76 Stat. 953.

Section, acts Apr. 29, 1902, ch. 637, 32 Stat. 172; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; May 17, 1932, ch. 190, 47 Stat. 158; 1946 Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Apr. 7, 1948, ch. 177, 62 Stat. 161, related to manifests in insular trade. See section 301 et seq. of Title 13, Census.

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port

master or commander of the

tons, or thereabouts, mounted with

(R. S. § 4199.)

DERIVATION

Act Mar. 2, 1799, ch. 22, § 93, 1 Stat. 698.

§ 94. Oath of master.

The oath to be taken by the master or commander of the vessel shall be as follows:

District of

I (insert the name), master or commander of the (insert the denomination and name of the vessel), bound from the port of (insert the name of the port or place sailing from) to (insert the name of the port or place bound to), do solemnly, sincerely, and truly swear (or affirm, as the case may be) that the manifest of the cargo on board the said (insert denomination and name of the vessel), now delivered by me to the collector of this district, and subscribed with my name, contains, according to the best of my knowledge and belief, a full, just, and true account of all the goods, wares, and merchandise now actually laden on board the said vessel, and of the value thereof; and if any other goods, wares, or merchandise shall be laden or put on board the said (insert denomination and name of vessel) previous to her sailing from this port, I will immediately report the same to the said collector. I do also swear (or affirm) that I verily believe the duties on all the foreign merchandise therein specified have been

Act Mar. 2, 1799, ch. 22, § 93, 1 Stat. 699.

§ 97. State inspection laws.

The collectors and other officers of the customs shall pay due regard to the inspection laws of the States in which they may respectively act, in such manner that no vessel having on board goods liable to inspection shall be cleared until the master, or other proper person, shall have produced such certificate that all such goods have been duly inspected, as the laws of the respective States may require to be produced to collectors or other officers of the customs. (R. S. § 4202.)

DERIVATION

Act Mar. 2, 1799, ch. 22, § 93, 1 Stat. 699.

§ 98. Conveyance of bullion, coin, notes, or bonds for United States.

All vessels belonging to citizens of the United States, and bound from any port in the United States to any other port therein, or to any foreign port, or from any foreign port to any port in the

United States, shall, before clearance, receive on board all such bullion, coin, United States notes and bonds and other securities, as the Government of the United States or any department thereof, or any minister, consul, vice consul, or other agent of the United States abroad, shall offer, and shall securely convey and promptly deliver the same to the proper authorities or consignees, on arriving at the port of destination; and shall receive for such service such reasonable compensation as may be allowed to other carriers in the ordinary transactions of business. (R. S. § 4204; Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100.) DERIVATION

Act July 4, 1864, ch. 249, § 10, 13 Stat. 392.

CODIFICATION

The words "or commercial" following "vice consul," were omitted from the code upon the abolition of the grade of commercial agent by act Apr. 5, 1906.

§ 99. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1029. Section, R. S. § 4205, related to the clearance of vessels laden in whole or in part with live-oak timber.

§ 100. Payment of fees on vessels outward bound.

Previous to a clearance being granted to any vessel, outward bound, the legal fees which shall have accrued on such vessel shall be paid at the offices where such fees are respectively payable; and receipts for the same shall be produced to the collector or other officer whose duty it may be to grant clearances, before a clearance is granted. (R. S. § 4206.)

DERIVATION

Acts Mar. 3, 1797, ch. 9, § 5, 1 Stat. 503; Mar. 2, 1799, ch. 22, § 93, 1 Stat. 699.

CROSS REFERENCES

Certain fees for certain services to vessels abolished, see section 331 of this title.

§ 101. Statement of consular services performed without fee filed.

It shall be the duty of all masters of vessels for whom any official services shall be performed by any consular officer, without the payment of a fee, to require a written statement of such services from such consular officer, and, after certifying as to whether such statement is correct, to furnish it to the collector of the district in which such vessels shall first arrive on their return to the United States; and if any such master of a vessel shall fail to furnish such statement, he shall be liable to a fine of not exceeding $50, unless such master shall state under oath that no such statement was furnished him by said consular officer. And it shall be the duty of every collector to forward to the Secretary of the Treasury all such statements as shall have been furnished to him, and also a statement of all certified invoices which shall have come to his office, giving the dates of the certificates, and the names of the persons for whom and of the consular officer by whom the same were certified. (R. S. § 4213; June

26, 1884, ch. 121, § 13, 23 Stat. 56.)

DERIVATION

Act Aug. 18, 1856, ch. 127, § 18, 11 Stat. 59.

CODIFICATION

Act June 26, 1884, amended R.S. 4213 by substituting "Secretary of the Treasury" for "Comptroller General".

CROSS REFERENCES

Fees for services to American vessels or seamen prohibited, see section 1186 of Title 22, Foreign Relations and Intercourse.

§ 102. Steamboats on Lake Champlain.

The master or person having charge or command of any steamboat on Lake Champlain, when going from the United States into the Province of Quebec, may deliver a manifest of the cargo on board, and take a clearance from the collector of the district through which any such boat shall last pass, when leaving the United States, without regard to the place from which any such boat shall have commenced her voyage, or where her cargo shall have been taken on board. (R. S. § 4208.)

DERIVATION

Acts Mar. 3, 1817, ch. 109, § 3, 3 Stat. 396; May 6, 1822, ch. 56, § 4, 3 Stat. 681.

§ 103. Pleasure yachts; license; entry and clearance; restrictions.

The Commissioner of Customs may cause yachts used and employed exclusively as pleasure vessels or designed as models of naval architecture, if built and owned so as to be entitled to registry and the benefits thereof as vessels of the United States if such vessels were merchant vessels, to be licensed on terms which will authorize them to proceed from port to port of the United States and to foreign ports without entering or clearing at the customhouse; such license shall be in such form as the Commissioner of Customs may prescribe. Such vessels, so enrolled and licensed, shall not be allowed to transport merchandise or carry passengers for pay. Such vessels shall have their name and port placed on some conspicuous portion of their hulls. Such vessels shall, in all respects, except as above, be subject to the laws of the United States, and shall be liable to seizure and forfeiture for any violation of the provisions of this chapter. (R. S. § 4214; Mar. 3, 1883, ch. 133, § 1, 22 Stat. 566; Jan. 16, 1895, ch. 24, § 4, 28 Stat. 625; Aug. 20, 1912, ch. 307, § 1, 37 Stat. 315; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F. R. 7875, 60 Stat. 1097.)

DERIVATION

Acts Aug. 7, 1848, ch. 141, § 2, 9 Stat. 274; June 29, 1870, ch. 170, 1, 16 Stat. 170.

REFERENCES IN TEXT

In the original "this chapter" reads "this title", meaning title XLVIII of the Revised Statutes. For distribution of the title (R.S. §§ 4131-4305) in this Code, see Tables.

CODIFICATION

The section, as enacted in the Revised Statutes, was as follows:

"The Secretary of the Treasury may cause yachts used and employed exclusively as pleasure-vessels, and designed as models of naval architecture, if entitled to be enrolled as American vessels, to be licensed on terms which will authorize them to proceed from port to port of the United States, and by sea to foreign ports, without entering or clearing at the customhouse. Such license shall be in such form as the Secretary of the Treasury may prescribe. The owner of any such vessel, before taking out such license, shall give a bond, in such form and for such amount as the Secretary of the Treasury shall prescribe, conditioned that the vessel shall not engage in any unlawful trade, nor in any way violate the revenue laws of the United States, and shall comply with the laws in all other respects. Such vessels so enrolled and licensed shall not be allowed to

transport merchandise or carry passengers for pay. Such vessels shall, in all respects, except as above, be subject to the laws of the United States, and shall be liable to seizure and forfeiture for any violation of the provisions of this Title."

It was amended by act Mar. 3, 1883, principally by the addition of a proviso, as follows:

"That all charges for licenses and inspection fees for any pleasure vessel or yacht shall not exceed five dollars, and for admeasurement shall not exceed ten cents per ton." That act also substituted the words "if built and owned in compliance with the provisions of sections forty-one hundred and thirty-three to forty-one hundred and thirty-five," for the words "if entitled to be enrolled as American vessels."

Act Mar. 3, 1883, was amended by act Jan. 16, 1895, to conform to the provisions of that section. See section 107 of this title.

These amendments were superseded by the further amendment of this section by act Aug. 20, 1912, by substituting for the Secretary of the Treasury the Secretary of Commerce and Labor, omitting the provision requiring the owner of the vessel to give bond, and omitting the proviso added by said previous amendment.

R.S. §§ 4133 to 4135, mentioned in the section prior to its incorporation into the Code, prescribed the vessels which should not be entitled to be registered or, if registered, to the benefits of registry. Sections 4133 and 4134 were repealed by act Mar. 3, 1897, ch. 389, § 16, 29 Stat. 691 and, upon incorporation of this section in the Code the words "if built and owned so as to be entitled to registry and the benefits thereof as vessels of the United States if such vessels were merchant vessels" were substituted for the reference to those sections.

Upon incorporation into the Code, the words "Secretary of Commerce" were also substituted for "Secretary of Commerce and Labor" to conform to act Mar. 4, 1913. See note under section 95 of this title.

TRANSFER OF FUNCTIONS

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of the Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees. The Commissioner of Customs, referred to in this section, is an officer of the Treasury Department.

"Commissioner of Customs" was substituted for "Secretary of Commerce" on authority of 1946 Reorg. Plan No. 3. See note under section 1 of this title. ADMINISTRATIVE DELEGATION OF FUNCTIONS BY SECRETARY OF THE TREASURY

Administrative delegation of functions by Secretary of the Treasury, see note under section 1 of this title.

§ 104. Reciprocal exemption of foreign yachts from charges and tonnage taxes; licenses.

Whenever it shall be made to appear to the satisfaction of the President of the United States that yachts used and employed exclusively as pleasure vessels and belonging to any resident of the United States are allowed to arrive at and depart from any foreign port and to cruise in the waters of such port without entering or clearing at the customhouse thereof and without the payment of any charges for entering or clearing, dues, duty per ton, tonnage taxes or charges for cruising licenses, the Commissioner of Customs may authorize and direct the customs authorities at the various ports of entry of the United States to allow yachts from such foreign port used and employed exclusively as pleasure vessels to arrive at and depart from any port of the United States and to cruise in waters of the United States

without the payment of any charges for entering or clearing, dues, duty per ton, or tonnage taxes, but the Commissioner of Customs may, in his discretion, direct that such foreign yachts shall be required to obtain licenses to cruise, in a form prescribed by him, before they shall be allowed under the provisions of this section to cruise in waters of the United States. Such licenses shall be issued without cost to such yachts and shall prescribe such limitations as to length of time, direction, and place of cruising and action, and such other particulars as the Commissioner of Customs may deem proper. (May 28, 1908, ch. 212, § 5, 35 Stat. 425; Aug. 5, 1909, ch. 6, § 37, 36 Stat. 112; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, §§ 101–104, eff. July 16, 1946, 11 F. R. 7875, 60 Stat. 1097; June 26, 1948, ch. 673, 62 Stat. 1051.)

CODIFICATION

This section was not amended or repealed by section 36 of the Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6, 36 Stat. 111, relating to tonnage duties, but so much of it as related to yachts built outside the United States and owned by citizens of the United States was repealed by section 37 of that act, which was itself repealed by the Underwood Tariff Act of Oct. 13, 1913, ch. 16, § IV, S, 38 Stat. 201.

The words "and subports" and "or subport" following "various ports" and "arrive at and depart from any port" respectively, were omitted from the Code.

By subdivision II of the President's plan of reorganization of the Custom Service under the grant of authority contained in act Aug. 24, 1912, ch. 355, § 1, 37 Stat. 434, subports of entry not therein designated ports of entry were abolished and the use of the term "subport of entry" was discontinued.

Upon incorporation into the Code, the words "Secretary of Commerce" were substituted for "Secretary of Commerce and Labor" to conform to act Mar. 4, 1913. See note under section 95 of this title.

AMENDMENTS

1948-Act June 26, 1948, removed the discrimination against yachts which do not belong to "regularly organized yacht clubs".

TRANSFER OF FUNCTIONS

"Commissioner of Customs" was substituted for "Secretary of Commerce" on authority of 1946 Reorg. Plan No. 3. See note under section 1 of this title.

DELEGATION OF FUNCTIONS

For delegation to the Secretary of the Treasury of authority vested in the President by this section, see Ex. Ord. No. 10289, September 17, 1951, 16 F. R. 9499, set out as a note under section 301 of Title 3, The President. ADMINISTRATIVE DELEGATION OF FUNCTIONS BY SECRETARY OF THE TREASURY

Administrative delegation of functions by Secretary of the Treasury, see note under section 1 of this title.

CROSS REFERENCES

Provisions relating to tonnage duties, see section 121 et seq. of this title.

§ 105. Commissions to yachts.

For the identification of yachts and their owners, a commission to sail for pleasure in any designated

yacht belonging to any regularly organized and incorporated yacht club, stating the exemptions and privileges enjoyed under it, may be issued by the Commissioner of Customs, and shall be a token of credit to any United States official, and to the authorities of any foreign power, for privileges enjoyed under it. (R. S. § 4217; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F. R. 7875, 60 Stat. 1097.)

DERIVATION

Act June 29, 1870, ch. 170, § 3, 16 Stat. 170.

CODIFICATION

Upon incorporation into the Code, the words "Secretary of Commerce" were substituted for "Secretary of the Treasury" to conform to acts Feb. 14, 1903, and Mar. 4, 1913. See note under section 95 of this title.

TRANSFER OF FUNCTIONS

Administrative delegation of functions by Secretary of the Treasury, see note under section 1 of this title.

§ 106. Repealed. Sept. 1, 1954, ch. 1213, title V, § 501 (c), 68 Stat. 1140.

Section, R.S. § 4218; acts Aug. 20, 1912, ch. 307, § 1, 37 Stat. 315; Aug. 5, 1935, ch. 438, title III, § 311, 49 Stat. 528, related to entry of yachts on return from foreign countries and delivery of manifest of dutiable articles, and is now covered by section 1441 (3) of Title 19, Customs Duties.

EFFECTIVE DATE OF REPEAL

Repeal of section effective on and after the thirtieth day following Sept. 1, 1954, see note set out under section 160 of Title 19, Customs Duties.

§ 107. Licensed yacht must comply with law.

No licensed yacht shall engage in any trade, nor in any way violate the revenue laws of the United States; and every such yacht shall comply with the laws in all respects. (Jan. 16, 1895, ch. 24, § 4, 28 Stat. 625.) CROSS REFERENCES

Pleasure yachts, license, entry and clearance, see section 103 of this title.

108. Penalty for violation.

Any master or owner violating the provisions of section 107 of this title shall be liable to the penalty of $200, in addition to any other penalty imposed by law. The Commissioner of Customs shall have power to remit or mitigate any such penalty if in his opinion it was incurred without negligence or intention of fraud. (Jan. 16, 1895, ch. 24, § 5, 28 Stat. 625; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F. R. 7875, 60 Stat. 1097.)

CODIFICATION

TRANSFER OF FUNCTIONS

Administrative delegation of functions by Secretary of the Treasury, see note under section 1 of this title. § 109. Signals for yachts.

All licensed yachts shall use a signal of the form, size, and colors prescribed by the Secretary of the Navy; and the owners thereof shall at all times permit the naval architects in the employ of the United States to examine and copy the models of such yachts. (R. S. § 4215.)

DERIVATION

Act Aug. 7, 1848, ch. 141, § 3, 9 Stat. 274.

CROSS REFERENCES

Private signals of vessels generally and registry thereof, section 49 of this title.

§ 110. Entry of ferryboats.

Vessels used exclusively as ferryboats carrying passengers, baggage, and merchandise, shall not be required to enter and clear, nor shall the masters of such vessels be required to present manifests, or to pay entrance or clearance fees, or fees for receiving or certifying manifests, but they shall, upon arrival in the United States, be required to report such baggage and merchandise to the proper officer of the customs according to law. (R. S. § 2792.)

DERIVATION

Act June 4, 1872, ch. 280, 17 Stat. 214.

CODIFICATION

The provisions incorporated in this section are also set forth, in part, in section 289 of Title 19, Customs Duties. Act May 28, 1908, ch. 212, § 1, 35 Stat. 424 added a provision to R.S. § 2792 which is incorporated in sections 112 and 124 of this title, and section 289 of Title 19, Customs Duties.

CROSS REFERENCES

Provisions similar to those of this section so far as it relates to entries, and provisions requiring a report of baggage and merchandise to the collector within 24 hours after arrival, see section 1441 of Title 19, Customs Duties.

§ 111. Vessels in foreign and coasting trade on northern, northeastern, and northwestern frontiers. Enrolled or licensed vessels engaged in the foreign and coasting trade on the northern, northeastern, and northwestern frontiers of the United States, departing from or arriving at a port in one district to or from a port in another district, and also touching

at intermediate foreign ports, shall not thereby become liable to the payment of entry and clearance fees, as if from or to foreign ports; but such vessel shall, notwithstanding, be required to enter and clear; except that when such vessels are on such voyages on the Great Lakes and touch at foreign ports for the purpose of taking on bunker fuel only, they may be exempted from entering and clearing under such rules and regulations as the Commissioner of Customs may prescribe, notwithstanding any other provisions of law: Provided, That this exception shall not apply to such vessels if, while at such foreign port, they land or take on board any passengers, or any merchandise other than bunker fuel, receive orders, discharge any seamen by mutual consent, or engage any seamen to replace those discharged by mutual consent, or transact any other business save that of taking on bunker fuel. (R. S. § 2793; Sept. 25, 1941, ch. 423, 55 Stat. 733; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F. R. 7875, 60 Stat. 1097.)

DERIVATION

Res. Feb. 10, 1871, No. 27, § 2, 16 Stat. 595.

CODIFICATION

Provisions of this section are also set out as section 288 of Title 19, Customs Duties.

Provision of R.S. § 2793 respecting tonnage duties is set out as section 123 of this title.

AMENDMENTS

Tonnage taxes on foreign vessels coming from Philippines.

Light money.

129.

Exemption of unregistered vessels owned by citi

Administrative delegation of functions by Secretary of the Treasury, see note under section 1 of this title. CROSS REFERENCES

Vessels not required to make entry, see section 1441 of Title 19, Customs Duties.

§ 112. Passenger vessels trading between ports of United States and foreign ports.

Any passenger vessel engaged triweekly or oftener in trade between ports of the United States and foreign ports shall be exempt from entrance and clearance fees while such service triweekly or oftener is maintained. (R. S. § 2792; May 28, 1908, ch. 212, § 1, 35 Stat. 424.)

DERIVATION

Act June 4, 1872, ch. 280, 17 Stat. 214.

CODIFICATION

The provision which was added to R.S. § 2792 by act May 28, 1908 and which is incorporated in this section is also set forth, in part, in section 124 of this title and section 289 of Title 19, Customs Duties.

§ 121. Amount of tonnage duties.

Upon vessels which shall be entered in the United States from any foreign port or place there shall be paid duties as follows: On vessels built within the United States but belonging wholly or in part to subjects of foreign powers, at the rate of thirty cents per ton; on other vessels not of the United States, at the rate of fifty cents per ton, and any vessel any officer of which shall not be a citizen of the United States shall pay a tax of fifty cents per ton.

A tonnage duty of 2 cents per ton, not to exceed in the aggregate 10 cents per ton in any one year, is imposed at each entry on all vessels which shall be entered in any port of the United States from any foreign port or place in North America, Central America, the West India Islands, the Bahama Islands, the Bermuda Islands, or the coast of South America bordering on the Caribbean Sea, or Newfoundland, and a duty of 6 cents per ton, not to exceed 30 cents per ton per annum, is imposed at each entry on all vessels which shall be entered in any port of the United States from any other foreign port, not, however, to include vessels in distress or not engaged in trade.

Upon every vessel not of the United States, which shall be entered in one district from another district, having on board goods, wares, or merchandise taken in one district to be delivered in another district, duties shall be paid at the rate of 50 cents per ton:

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