# Examination of Baggage > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-27907 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** November 10, 1994 ## Text 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. ----------------------------------------------------------------------- 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-27907. Public record. Not legal advice.