[Federal Register Volume 59, Number 217 (Thursday, November 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27907]


[[Page Unknown]]

[Federal Register: November 10, 1994]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Parts 123 and 148

RIN 1515-AB56

 

Examination of Baggage

AGENCY: U.S. Customs Service, Department of the Treasury.

ACTION: Proposed rule.

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SUMMARY: This document proposes to amend the Customs Regulations in 
order to more clearly reflect Customs statutory authority to open and 
examine baggage and vehicles without the permission of the owners of 
the baggage and vehicles. These amendments will make the pertinent 
Customs regulations consistent with Customs statutory authority to 
inspect and search baggage and vehicles coming into the United States.

DATES: Comments must be received on or before January 9, 1995.

ADDRESSES: Written comments (preferably in triplicate) may be submitted 
to and inspected at the Regulations Branch, Office of Regulations and 
Rulings, U.S. Customs Service, 1301 Constitution Avenue NW., 
Washington, D.C. 20229. Comments submitted may be inspected at the 
Regulations Branch, Office of Regulations & Rulings, 1099 14th Street 
NW., Suite 4000, Washington, D.C.

FOR FURTHER INFORMATION CONTACT: Lars-Erik Hjelm, Office of the Chief 
Counsel, U.S. Customs Service, 202-927-6900.

SUPPLEMENTARY INFORMATION:

Background

    There are several statutory provisions which give the U. S. Customs 
Service the authority to open and examine baggage. The primary 
provisions are sections 482, 1461, 1462, 1496, 1581 and 1582 of Title 
19, United States Code (19 U.S.C. 482, 1461, 1462, 1496, 1581, and 
1582). Section 482 authorizes Customs to search vehicles and persons 
and to seize undeclared merchandise or merchandise imported contrary to 
law. Section 1461 authorizes Customs to inspect all merchandise and 
baggage brought into the United States from contiguous countries. 
Section 1461 also authorizes Customs officers to require that owners of 
baggage open it or furnish keys for doing so.
    Section 1462 authorizes Customs to inspect the contents of all 
baggage and vehicles brought into the United States. Section 1462 also 
authorizes Customs to seize and forfeit the contents of such imported 
baggage or vehicle which is subject to duty or which constitutes a 
prohibited importation. Section 1496 authorizes Customs to examine the 
baggage of people arriving in the United States. Section 1581(a) 
authorizes Customs to board vessels and vehicles and to examine, 
inspect and search the vessels or vehicles and everyone and everything 
thereon. Section 1582 authorizes the Secretary of the Treasury to write 
regulations concerning the search of persons and baggage. It also 
authorizes officers or agents of the United States Government to detain 
and search, under such regulations, any persons coming into the United 
States from foreign countries.

Proposal

    The statutes cited above grant Customs broad authority to inspect, 
search and seize baggage and vehicles coming into the United States. 
The current Customs Regulations do not accurately reflect these 
statutes; therefore, Customs intends to revise the regulations, 
specifically 19 CFR 123.63 and 19 CFR 148.21, to more clearly reflect 
the fact that Customs has the statutory authority to open and examine 
baggage, vehicles and compartments thereof without the permission of 
the owners. Of course, if at all possible, Customs will ask the owner 
or operator to unlock the vehicle, compartment or baggage.

Comments

    Before adopting this proposal, consideration will be given to 
written comments timely submitted to Customs. Submitted comments will 
be available for public inspection in accordance with the Freedom of 
Inspection Act (5 U.S.C. 552), Sec. 1.4, Treasury Department 
Regulations (31 CFR 1.4), and Sec. 103.11(b), Customs Regulations (19 
CFR 103.11(b)), on regular business days between the hours of 9:00 a.m. 
and 4:30 p.m., at the Regulations Branch, Office of Regulations and 
Rulings, 1099 14th Street NW., Suite 4000, Washington, D.C.

Regulatory Flexibility Act and Executive Order 12866

    Based upon the supplementary information set forth above and 
because the opening and examination of baggage and merchandise is 
mandated by the statutes cited above, pursuant to the provisions of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), it is certified that 
the proposed amendments would not have a significant economic impact on 
a substantial number of small entities. Accordingly, the proposed 
amendments are not subject to the regulatory analysis or other 
requirements of 5 U.S.C. 603 or 604. This document does not meet the 
criteria for a ``significant regulatory action'' as specified in 
Executive Order 12866.

Drafting Information

    The principal author of this document was Janet L. Johnson, 
Regulations Branch. However, personnel from other offices participated 
in its development.

List of Subjects

19 CFR Part 123

    Canada, Customs duties and inspection, Freight, International 
boundaries, Mexico, Motor carriers, Railroads, Reporting and 
recordkeeping requirements, Vessels.

19 CFR Part 148

    Airmen, Customs duties and inspection, Foreign officials, 
Government employees, International organizations, Reporting and 
recordkeeping requirements, Vessels.

Proposed Amendments

    For the reasons set forth above, it is proposed to amend parts 123 
and 148 of the Customs Regulations (19 CFR parts 123 and 148) as set 
forth below.

PART 123--CUSTOMS RELATIONS WITH CANADA AND MEXICO

    1. The general authority citation for part 123 and the specific 
relevant authority citation for Sec. 123.63 continue to read as 
follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 17, Harmonized 
Tariff Schedule of the United States), 1624.
* * * * *
    Section 123.63 also issued under 19 U.S.C. 1461, 1462;
* * * * *
    2. It is proposed to revise Sec. 123.63 to read as follows:


Sec. 123.63  Examination of baggage from Canada or Mexico.

    (a) Opening vehicle or compartment to examine baggage. Customs 
officers are authorized to unlock, open, and examine vehicles and 
compartments thereof for the purposes of examining baggage under 
sections 461, 462, 496, 581(a) and 582, Tariff Act of 1930, as amended 
(19 U.S.C. 1461, 1462, 1496, 1581(a), and 1582) and 19 U.S.C. 482. 
However, to the extent practical, the Customs officer should ask the 
owner or operator to unlock such vehicle or compartment first. Where 
the owner or operator is unavailable or refuses to unlock the vehicle 
or compartment or where it is not practical to ask the owner or 
operator to unlock the same, it shall be opened by the Customs Officer. 
If any article is subject to duty, or any prohibited article is found 
upon opening by the Customs Officer, the whole contents and the vehicle 
shall be subject to forfeiture pursuant to 19 U.S.C. 1462.
    (b) Inspection of baggage. A Customs officer has the right to 
inspect all merchandise and baggage brought into the United States from 
contiguous countries under 19 U.S.C. 1461. He also has the right, under 
the same statute, to require that owners of such baggage open it or 
furnish keys for doing so. Where the owner or agent is unavailable or 
refuses to open the baggage or furnish keys or where it is not 
practical to ask the owner or agent to open or furnish keys to the 
same, it shall be opened by the Customs Officer. If any article is 
subject to duty, or any prohibited article is found upon opening by the 
Customs Officer, the whole contents and the baggage shall be subject to 
forfeiture pursuant to 19 U.S.C. 1462.

PART 148--PERSONAL DECLARATIONS AND EXEMPTIONS

    1. The general authority citation for Part 148 will be revised to 
read as set forth below, and the specific sectional authority for 
Sec. 148.21 will continue to read as follows:

    Authority: 19 U.S.C. 66, 1496, 1624. The provisions of this 
part, except for subpart C, are also issued under 19 U.S.C. 1202 
(General Note 17, Harmonized Tariff Schedule of the United States).

    Section 148.21 is also issued under 19 U.S.C. 1461, 1462;
* * * * *
    2. It is proposed to revise Sec. 148.21 to read as follows:


Sec. 148.21  Opening of baggage, compartments, or vehicles.

    A Customs officer has the right to open and examine all baggage, 
compartments and vehicles brought into the United States under Sections 
461, 462, 496 and 582, Tariff Act of 1930, as amended (19 U.S.C. 1461, 
1462, 1496, and 1582) and 19 U.S.C. 482. To the extent practical, the 
owner or his agent should be asked to open the baggage, compartment or 
vehicle first. If the owner or his agent is unavailable or refuses to 
open the baggage, compartment, or vehicle, it shall be opened by the 
Customs officer. If any article subject to duty, or any prohibited 
article is found upon opening by the Customs officer, the whole 
contents and the baggage or vehicle shall be subject to forfeiture, 
pursuant to 19 U.S.C. 1462.

Peter J. Baish,
Acting Commissioner of Customs.
    Approved: October 20, 1994.
Dennis M. O'Connell,
Acting Deputy Assistant Secretary of the Treasury.
[FR Doc. 94-27907 Filed 11-9-94; 8:45 am]
BILLING CODE 4820-02-P