[Federal Register Volume 60, Number 203 (Friday, October 20, 1995)]
[Rules and Regulations]
[Pages 54187-54188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25997]



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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Parts 123 and 148

[T.D. 95-86]
RIN 1515-AB56


Examination of Baggage

AGENCY: Customs Service, Department of the Treasury.

ACTION: Final rule.

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

EFFECTIVE DATE: November 20, 1995.

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

SUPPLEMENTARY INFORMATION:

Background

    Several statutory provisions 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.
    The statutes cited above grant Customs broad authority to inspect, 
search and seize baggage and vehicles coming into the United States. 
Sections 123.63 and 148.21, Customs Regulations (19 CFR 123.63 and 
148.21) discuss Customs authority regarding examination of baggage and 
vehicles. Customs proposed to revise these regulations in a Notice of 
Proposed Rulemaking published in the Federal Register (59 FR 56014) on 
November 10, 1994, to more accurately 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, 
in many instances, Customs will first ask the owner or operator to 
unlock the vehicle, compartment, or baggage.

Analysis of Comments

    The Notice of Proposed Rulemaking invited the public to comment on 
the proposed changes to the Customs Regulations. Two comments were 
received.
    One comment was a suggestion to provide in the regulations that a 
Customs inspector may hire an outside contractor, such as a locksmith, 
to open or unlock baggage. This suggestion is beyond the scope of this 
rulemaking and may be addressed internally by Customs.
    The other commenter suggested that Customs require its officers to 
assist the traveler in repacking his baggage when nothing contrary to 
the law is found during a baggage examination. Customs believes that 
such a requirement is legally unnecessary. Furthermore, 

[[Page 54188]]
helping the passenger repack might unduly burden inspectors, who have 
to process many passengers, frequently in short periods of time.

Conclusion

    After further review of the proposal and careful consideration of 
the comments received, we have decided to adopt the proposed regulatory 
changes.

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 amendments will not have a significant economic impact on a 
substantial number of small entities. Accordingly, the 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.

Amendments to the Customs Regulations

    For the reasons set forth in the preamble, parts 123 and 148 of the 
Customs Regulations (19 CFR parts 123 and 148) are amended as set forth 
below.

PART 123--CUSTOMS RELATIONS WITH CANADA AND MEXICO

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

    Authority: 19 U.S.C. 66, 1202 (General Note 20, Harmonized 
Tariff Schedule of the United States), 1624.
* * * * *
    Section 123.63 also issued under 19 U.S.C. 1461, 1462.
* * * * *
    2. Section 123.63 is revised 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 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 is revised to read 
as set forth below, and the specific 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 20, Harmonized Tariff Schedule of the United States).

    Section 148.21 also issued under 19 U.S.C. 1461, 1462.
* * * * *
    2. Section 148.21 is revised 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 shall 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.
George J. Weise,
Commissioner of Customs.

    Approved: September 6, 1995.
Dennis M. O'Connell,
Acting Deputy Assistant Secretary of the Treasury.
[FR Doc. 95-25997 Filed 10-19-95; 8:45 am]
BILLING CODE 4820-02-P