§1497 — Title 19 Customs Duties | U.S. Code

Summary

If a person brings an item into the country and does not list it on their entry or does not tell an officer about it before baggage is checked, they must pay a penalty. For controlled substances, the penalty is $500 or 1,000 percent of the item’s value, whichever is larger. For other items, the penalty equals the item’s value. The value of a controlled substance is set by the Secretary, after talking with the Attorney General, to match the price it would likely sell for illegally to a consumer. The Secretary and the Attorney General must create a method to determine that price.

Title 19, §1497

Customs Duties — Source: USLM XML via OLRC

(a)(1)Any article which—

(A)is not included in the declaration and entry as made or transmitted; and

(B)is not mentioned before examination of the baggage begins—

(i)in writing by such person, if written declaration and entry was required, or

(ii)orally, if written declaration and entry was not required;

(2)The amount of the penalty imposed under paragraph (1) with respect to any article is equal to—

(A)if the article is a controlled substance, either $500 or an amount equal to 1,000 percent of the value of the article, whichever amount is greater; and

(B)if the article is not a controlled substance, the value of the article.

(b)(1)Notwithstanding any other provision of this chapter, the value of any controlled substance shall, for purposes of this section, be equal to the amount determined by the Secretary in consultation with the Attorney General of the United States, to be equal to the price at which such controlled substance is likely to be illegally sold to the consumer of such controlled substance.

(2)The Secretary and the Attorney General of the United States shall establish a method of determining the price at which each controlled substance is likely to be illegally sold to the consumer of such controlled substance.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in act Sept. 21, 1922, ch. 356, title IV, § 497, 42 Stat. 964. That section was superseded by section 497 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. A prior provision for forfeiture of any article subject to duty found in baggage, and not mentioned to the collector before whom entry was made, and for a penalty of treble the value of the article, was contained in R.S. § 2802, prior to repeal by act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989.

Amendments

1993—Subsec. (a)(1)(A). Pub. L. 103–182, § 612(1), inserted “or transmitted” after “made”. Subsec. (a)(2)(A). Pub. L. 103–182, § 612(2), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “if the article is a controlled substance, 1,000 percent of the value of the article; and”. 1988—Subsec. (a)(2)(A). Pub. L. 100–690 substituted “1,000 percent” for “200 percent”. 1986—Pub. L. 99–570 amended section generally. Prior to amendment, section read as follows: “Any article not included in the declaration and entry as made, and, before examination of the baggage was begun, not mentioned in writing by such person, if written declaration and entry was required, or orally if written declaration and entry was not required, shall be subject to forfeiture and such person shall be liable to a penalty equal to the value of such article.”

§1497 Penalties for failure to declare