Examination of Baggage

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