Title 19 — Customs DutiesRelease 119-73
§1709 Definitions
Title 19 › Chapter CHAPTER 5— - SMUGGLING › § 1709
Summary
Defines several words used in the Act. United States (geographic): includes all U.S. territories and possessions except the Virgin Islands, the Canal Zone, American Samoa, Wake Island, the Midway Islands, Kingman Reef, Johnston Island, and Guam. Officer of the customs: any Customs Service officer, any commissioned, warrant, or petty officer of the Coast Guard, or any person legally authorized by law, by the Secretary of the Treasury, or by a collector in writing to act as a customs officer. Customs waters: for foreign ships covered by a treaty that lets U.S. authorities act on the high seas, the waters out to the distance the treaty allows; for others, the waters within four leagues of the coast. Hovering vessel: any ship found or kept off the coast, inside or outside customs waters, that by its history, behavior, type, or location reasonably appears to be used or could be used to bring goods into the United States in violation of revenue laws.
Full Legal Text
Title 19, §1709
Customs Duties — Source: USLM XML via OLRC
When used in this Act:
(a)The term “United States”, when used in a geographical sense, includes all Territories and possessions of the United States, except the Virgin Islands, the Canal Zone, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, and the island of Guam.
(b)The term “officer of the customs” means any officer of the Customs Service or any commissioned, warrant, or petty officer of the Coast Guard, or agent or other person authorized by law or by the Secretary of the Treasury, or appointed in writing by a collector, to perform the duties of an officer of the Customs Service.
(c)The term “customs waters” means, in the case of a foreign vessel subject to a treaty or other arrangement between a foreign government and the United States enabling or permitting the authorities of the United States to board, examine, search, seize, or otherwise to enforce upon such vessel upon the high seas the laws of the United States, the waters within such distance of the coast of the United States as the said authorities are or may be so enabled or permitted by such treaty or arrangement and, in the case of every other vessel, the waters within four leagues of the coast of the United States.
(d)The term “hovering vessel” means any vessel which is found or kept off the coast of the United States within or without the customs waters, if, from the history, conduct, character, or location of the vessel, it is reasonable to believe that such vessel is being used or may be used to introduce or promote or facilitate the introduction or attempted introduction of merchandise into the United States in violation of the laws respecting the revenue.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
This Act, referred to in text, means act Aug. 5, 1935, which enacted this chapter and section 1432a and 1601a of this title and amended section 70, 483, 1401, 1434, 1436, 1441, 1581, 1584, 1585, 1586, 1587, 1591, 1592, 1615, 1619, 1621 of this title, section 60, 106, and 288 of former Title 46, Shipping, and section 91, 277, 319, 325 of former Title 46, Appendix. For complete classification of this Act to the Code, see Tables. For definition of Canal Zone, referred to in subsec. (a), see section 3602(b) of Title 22, Foreign Relations and Intercourse. Codification Words “the Philippine Islands” in subsec. (a) were omitted on authority of Proc. No. 2695, which is set out as a note under section 1394 of Title 22, Foreign Relations and Intercourse, and in which the President proclaimed the independence of the Philippines.
Amendments
1955—Subsec. (a). Act
June 30, 1955, inserted “Johnston Island”. 1938—Subsec. (a). Act
June 25, 1938, inserted “Wake Island, Midway Islands, Kingman Reef” before “and the island of Guam.”
Statutory Notes and Related Subsidiaries
Effective Date
of 1955 AmendmentAmendment by act
June 30, 1955, effective
July 1, 1955, see note set out under section 1401 of this title.
Effective Date
of 1938 AmendmentAmendment 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.
Transfer of Functions
For
Transfer of Functions
, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see section 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of
November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of
November 25, 2002, as modified, set out as a note under section 542 of Title 6. Coast Guard transferred to Department of Transportation and functions, powers, and duties, relating to Coast Guard, of Secretary of the Treasury and of other offices and officers of Department of the Treasury transferred to Secretary of Transportation by section 6(b)(1) of Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 938. section 6(b)(2), however, provided that notwithstanding such
Transfer of Functions
, Coast Guard shall operate as part of Navy in time of war or when President directs as provided in former section 3 (now 103) of Title 14, Coast Guard. See section 108 of Title 49, Transportation.
Executive Documents
Transfer of Functions
All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than
December 31, 1966, by Reorg. Plan No. 1, of 1965, eff.
May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out as a note under section 1, of this title. Functions of all officers of Department of the Treasury and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of those officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, §§ 1, 2, eff.
July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Under the Plan, collectors of customs and Commandant of Coast Guard were officers of Department of the Treasury, but, in case of Coast Guard and Commandant thereof, the Plan provided that, notwithstanding
Transfer of Functions
Reference
Citations & Metadata
Citation
19 U.S.C. § 1709
Title 19 — Customs Duties
Last Updated
Apr 6, 2026
Release point: 119-73