Title 27 — Commerce and Trade

As used in this chapter, unless the context clearly requires otherwise: (a) “Agent” means the duly authorized representative of the owners of a vessel, aircraft or merchandise. (b) “Aircraft” means every description of craft or other contrivance used or capable of being used as a…

(a) The Treasurer is responsible for establishing controls and maintaining security over merchandise warehouses at ports and airports. (b) Except as provided in subsection (a), the Port Director is responsible for maintaining security for entry to, exit from and within, ports and…

(a) All persons entering or leaving American Samoa may be searched by a customs officer. All merchandise and baggage imported or brought into American Samoa from any foreign country shall be unladed in the presence of, and inspected by, a customs officer, and that officer may req…

Only individuals directly associated with the enforcement of the laws of the Territory, applicable laws of the U.S. Federal Government, which are administered at the ports of entry in the Territory, individuals who provide maintenance and service to a carrier, and arriving passen…

(a) All passengers and crew members regardless of citizenship must make a customs entry and declaration upon arrival in American Samoa. All articles and merchandise acquired abroad and their value (price actually paid for, or, if not purchased, fair retail value in the Territory)…

(a) The master of any vessel may not allow to be landed, land, or receive passengers, baggage, goods, or merchandise without a certificate from the Treasurer, enumerating the persons or articles to be landed or received and indicating the place for landing and receiving. (b) The …

(a) A vessel entering or leaving American Samoa must produce on demand of the Treasurer: (1) clearance from last port; (2) registry certificate’ (3) manifest, freight list, bills of lading, and other accounts of merchandise; (4) bills of health; (5) list of passengers; (6) list o…

The following vessels and aircraft shall be exempt from 27.1006 and 27.1007: (1) vessels or aircraft of war; (2) public vessels or aircraft; (3) vessels or aircraft not permitted by the laws of the nation to which they belong to transport passengers or merchandise for hire; (4) v…

Any customs officer may at any time go on board any vessel at any place in American Samoa or within the customs water and examine the manifest and other documents and papers, and examine, inspect, and search the vessel and every part thereof and any person, trunk, package, or car…

Any master of a vessel being examined who presents any forged, altered, or false documents or paper knowing the same to be forged, altered, or false and without revealing such fact shall, in addition to any forfeiture to which the vessel may be subject, be liable to both criminal…

(a) Any merchandise or goods of any and all description, for commercial or personal use, entering the Territory in crates, bundles, or any types of containers, may be sealed or ordered sealed by a customs officer pending inspection of the contents. (b) Any owner, authorized repre…

If upon examination of any vessel it appears that a breach of the laws of American Samoa is being or has been committed so as to render the vessel, or the merchandise, or any part thereof, on board of, or brought into American Samoa by such vessel, liable to forfeiture, or to sec…

A permit to land and reload cargo may be granted to vessels in distress when such action is necessary. Landing and reloading shall be under the supervision of the port Director and shall be subject to a reasonable charge for handling and storage. History: 1963, PL 8-1; 2008, PL 3…

All imports destined for American Samoa shall be landed and removed by the carrier to a warehouse or other suitable place which the Port Director shall provide, shall be taken into custody there by the Treasurer, and shall be released only on the Treasurer’s order. History: 1963,…

(a) A vessel may transfer, free of duty, to another vessel of the same line, bunker fuels, sea stores, ships stores or equipment, under the supervision of the Port Director. (b) Other transfers may be authorized by the Treasurer, subject to the payment of all charges due. History…

All merchandise imported into American Samoa shall for the purposes of this chapter be deemed to belong to the consignee or to the holder of a bill of lading endorsed by the consignee. History: 1963, PL 8-1; 2008, PL 30-36. .

The receiver of any goods imported into American Samoa shall within 72 hours after arrival give the Treasurer a list of the goods, verified under oath, showing kind, quality, purchase price and charges incident to purchase and transportation. The Treasurer may waive the list when…

(a) Charges shall be collected for services of customs officers from the owner, master or agency of a vessel as follows: (1) attendance of customs officers at any place other than port of entry, per day, $30.00; (2) attendance of customs officers outside of regular business hours…

(a) Except as otherwise provided in this section, no imports may be released from the custody of the Treasurer until all excise taxes and charges that may become due before delivery have been paid to the Treasurer, and the agent of the vessel has authorized delivery. (b) Bulk pet…

(a) Passenger or crew member’s baggage not claimed at the customs inspection area shall be retained by the carrier and placed in a safe place within the inspection area at the airport. Unclaimed baggage which is required to be stored in another location due to inadequate storage …

(a) Any entered or unentered merchandise which remains in customs custody for a period of 90 days from the date of importation without the payment of excise taxes, storage or other charges thereon shall be considered unclaimed and abandoned to the government and shall be sold by …

(a) The surplus of proceeds of sale, after the payment of duties, storage charges, expenses and the satisfaction of any lien for freight charges, shall be deposited in the treasury of American Samoa if a claim therefor has not been filed within 30 days from date of sale. (b) The …

The sale of unclaimed merchandise shall exonerate the master of the vessel in which the merchandise was imported from all claims of the owner of the merchandise. History: 1963, PL 8-1; 2008, PL 30-36. .

The consignee of explosives or gasoline may be required to take possession within 24 hours or to pay the cost of removal and storage in a proper place. History: 1963, PL 8-1; 2008, PL 30-36. .

The liability for duties attaching on importation constitutes a personal debt due from the importer to the government which can be discharged only by payment in full of duties legally accruing. It may be enforced notwithstanding that an erroneous construction of law or regulation…

In case of the insolvency or bankruptcy of an importer, all debts, including duties due the governments of the United States and American Samoa, shall be first satisfied, and any assignee or trustee who fails to recognize this priority shall be personally liable. History: 1963, P…

(a) If a person importing goods into American Samoa is of the opinion that an excessive valuation has been placed upon the goods imported and desires to protest the valuation as made, he shall so inform the chief customs officer and then submit, in writing, a request to the Gover…

(a) Customs duties or excise taxes paid under this chapter or 11.1001 et seq. on merchandise which is later sold to the United States Government or a private or governmental entity for export outside of American Samoa, shall be refunded on the basis of 100% for sales to the Unite…

When, in any prosecution or action on account of the seizure of any vessel, vehicle, merchandise or baggage by any collector or other officer, judgment is rendered for the claimant, and it appears to the court that there was reasonable cause for seizure, the court may enter an or…

Neither the government, the customs department, nor any official or employee of the government is liable or responsible for the loss, damage or destruction of any property, goods or merchandise caused by or resulting from an act of God, including but not limited to fire, flood, e…

No remission, abatement, or refund of duty may be allowed on account of the destruction of any merchandise after its release from customs. History: 1963, PL 8-1; 2008, PL 30-36. .

No customs officer or other authorized employee is in any way liable to any owner, importer, consignee, agent or any other person for or on account of any rulings or decisions concerning, or the duties charged on, any imported merchandise, or the collection of any dues or charges…

(a) It shall be unlawful for any person to export, attempt to export, or attempt to cause another to export from the Territory, or conceal for the purpose of exportation, any of the following items: (1) Controlled substances as defined in A.S.C.A. Title 13, Chapter 10. (2) Curren…

Any person, who is being submitted to an authorized inspection by a customs officer, or any person accompanying such person, or any bystanders, shall not in any way interfere with such officer’s performance of his duties. History: 2008, PL 30-36.

All authorized customs officers shall be empowered to administer any oaths required or authorized by these regulations in respect to any matter coming before such officers in the performance of their official duties. No compensation or fee shall be demanded or accepted for admini…

No person employed in the customs office may be concerned directly or indirectly with the importation of articles into American Samoa, or shall own any interest in a vessel used for such purpose, or shall act as the agent, attorney or consignee in connection with imports. History…

The Treasurer may make rules and prescribe forms needed to carry out the provisions of this chapter. History: 1963, PL 8-1; amd 1987, PL 20-29 § 17; 2008, PL 30-36. Amendments: Replaces “regulations” with “rules” and “Port Director” with “Treasurer”.

In situations not covered by provisions of this chapter, those provisions of the United States Code, and the Code of Federal Regulations, which relate to customs, shall be used as a guide, insofar as practicable. History: 1963, PL 8-1; 2008, PL 30-36.

Except as elsewhere provided, any person convicted of violating or attempting to violate any provision in this chapter is guilty of a class A misdemeanor and upon conviction shall be sentenced accordingly; and all goods or vessels in any way connected with any breach or attempted…

(a) Customs officers shall be duly sworn and shall have the authority to: Seize any evidence related to any violation of any provisions of this chapter; Detain any person suspected of violating any section or subsection of this chapter until a properly authorized arresting office…

Contraband, undeclared goods, merchandise, and commodities or falsely declared goods, merchandise and commodities are subject to seizure and forfeiture in accordance with the following process: (a) Seizure notice: The importer or exporter is to be provided with a “Notice of Seizu…

When in the course of any lawful investigation by any governmental entity, it is revealed that goods have been received or sold by a business or individual without proper excise tax having been paid, said goods shall be subject to imposition of all due and proper tax. In addition…

(a) The Post Exchange (PX) is established solely for the use and benefit of its members. Any goods purchased from the PX are strictly for the personal use of the member making the purchase and shall not be resold or otherwise transferred unless proper excise taxes are paid. (b) A…

(a) If a consignee owes delinquent excise taxes or any fees or penalties, the chief customs officer may refuse to release any goods from the customs jurisdiction to the consignee until such delinquent account is settled. (b) If a consignee makes payment by check or other instrume…