Examination of Baggage

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