part 2—report, entry, and unlading of vessels and vehicles
§§241 to 256. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762 , eff. June 18, 1930
Sections, act Sept. 21, 1922, ch. 356, title IV, §§431–446,
Provisions of Tariff Act of 1930 corresponding to sections 241 to 256, see
§§257, 258. Repealed. Pub. L. 91–654, §3, Jan. 5, 1971, 84 Stat. 1945
Section 257, R.S. §3114; acts Sept. 21, 1922, ch. 356, title IV, §466,
Section 258, R.S. §3115; acts Sept. 21, 1922, ch. 356, title IV, §466,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Provisions Inapplicable to Entries Made in Connection With Arrivals Before January 5, 1971, of Vessels Operated By or for Agency of United States; Refunds After August 7, 1974, Barred as to Duty Payments Made Before January 5, 1971, Under Section 257
"
§§259, 260. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762
Sections, act Sept. 21, 1922, ch. 356, title IV, §§447, 448,
Provisions of Tariff Act of 1930 corresponding to section 259, see
§261. Omitted
Editorial Notes
Codification
Section, acts Feb. 13, 1911, ch. 46, §5,
§§262 to 266. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762 , eff. June 18, 1930
Sections, act Sept. 21, 1922, ch. 356, title IV, §§449–453,
Provisions of Tariff Act of 1930 corresponding to section 262, see
§267. Overtime and premium pay for customs officers
(a) Overtime pay
(1) In general
Subject to paragraph (2) and subsection (c), a customs officer who is officially assigned to perform work in excess of 40 hours in the administrative workweek of the officer or in excess of 8 hours in a day shall be compensated for that work at an hourly rate of pay that is equal to 2 times the hourly rate of the basic pay of the officer. For purposes of this paragraph, the hourly rate of basic pay for a customs officer does not include any premium pay provided for under subsection (b).
(2) Special provisions relating to overtime work on callback basis
(A) Minimum duration
Any work for which compensation is authorized under paragraph (1) and for which the customs officer is required to return to the officer's place of work shall be treated as being not less than 2 hours in duration; but only if such work begins at least 1 hour after the end of any previous regularly scheduled work assignment and ends at least 1 hour before the beginning of the following regularly scheduled work assignment.
(B) Compensation for commuting time
(i) In general
Except as provided in clause (ii), in addition to the compensation authorized under paragraph (1) for work to which subparagraph (A) applies, the customs officer is entitled to be paid, as compensation for commuting time, an amount equal to 3 times the hourly rate of basic pay of the officer.
(ii) Exception
Compensation for commuting time is not payable under clause (i) if the work for which compensation is authorized under paragraph (1)—
(I) does not commence within 16 hours of the customs officer's last regularly scheduled work assignment, or
(II) commences within 2 hours of the next regularly scheduled work assignment of the customs officer.
(b) Premium pay for customs officers
(1) Night work differential
(A) 3 p.m. to midnight shiftwork
If the majority of the hours of regularly scheduled work of a customs officer occurs during the period beginning at 3 p.m. and ending at 12 a.m., the officer is entitled to pay for work during such period (except for work to which paragraph (2) or (3) applies) at the officer's hourly rate of basic pay plus premium pay amounting to 15 percent of that basic rate.
(B) 11 p.m. to 8 a.m. shiftwork
If the majority of the hours of regularly scheduled work of a customs officer occurs during the period beginning at 11 p.m. and ending at 8 a.m., the officer is entitled to pay for work during such period (except for work to which paragraph (2) or (3) applies) at the officer's hourly rate of basic pay plus premium pay amounting to 20 percent of that basic rate.
(C) 7:30 p.m. to 3:30 a.m. shiftwork
If the regularly scheduled work assignment of a customs officer is 7:30 p.m. to 3:30 a.m., the officer is entitled to pay for work during such period (except for work to which paragraph (2) or (3) applies) at the officer's hourly rate of basic pay plus premium pay amounting to 15 percent of that basic rate for the period from 7:30 p.m. to 11:30 p.m. and at the officer's hourly rate of basic pay plus premium pay amounting to 20 percent of that basic rate for the period from 11:30 p.m. to 3:30 a.m.
(2) Sunday differential
A customs officer who performs any regularly scheduled work on a Sunday that is not a holiday is entitled to pay for that work at the officer's hourly rate of basic pay plus premium pay amounting to 50 percent of that basic rate.
(3) Holiday differential
A customs officer who performs any regularly scheduled work on a holiday is entitled to pay for that work at the officer's hourly rate of basic pay plus premium pay amounting to 100 percent of that basic rate.
(4) Treatment of premium pay
Premium pay provided for under this subsection may not be treated as being overtime pay or compensation for any purpose.
(c) Limitations
(1) Fiscal year cap
The aggregate of overtime pay under subsection (a) (including commuting compensation under subsection (a)(2)(B)) and premium pay under subsection (b) that a customs officer may be paid in any fiscal year may not exceed $25,000; except that the Commissioner of U.S. Customs and Border Protection or his designee may waive this limitation in individual cases in order to prevent excessive costs or to meet emergency requirements of the Customs Service.
(2) Exclusivity of pay under this section
A customs officer who receives overtime pay under subsection (a) or premium pay under subsection (b) for time worked may not receive pay or other compensation for that work under any other provision of law.
(d) Regulations
The Secretary of the Treasury shall promulgate regulations to prevent—
(1) abuse of callback work assignments and commuting time compensation authorized under subsection (a)(2); and
(2) the disproportionately more frequent assignment of overtime work to customs officers who are near to retirement.
(e) Definitions
As used in this section:
(1) The term "customs officer" means an individual performing those functions specified by regulation by the Secretary of the Treasury for a customs inspector or canine enforcement officer. Such functions shall be consistent with such applicable standards as may be promulgated by the Office of Personnel Management.
(2) The term "holiday" means any day designated as a holiday under a Federal statute or Executive order.
(Feb. 13, 1911, ch. 46, §5,
Editorial Notes
Codification
Section derived from R.S. §2872, as amended by act June 26, 1884, ch. 121, §25,
Prior to the general revision of section 5 of act Feb. 13, 1911, by section 13811(a) of
Amendments
1993—
1970—
Statutory Notes and Related Subsidiaries
Change of Name
"Commissioner of U.S. Customs and Border Protection" substituted for "Commissioner of Customs" in subsec. (c)(1) on authority of section 802(d)(2) of
Effective Date of 1993 Amendment
Effective Date of 1970 Amendment
For effective date of amendment by
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see
Executive Documents
Transfer of Functions
Functions of all officers of Department of the Treasury and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of those officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, §§1, 2, eff. July 31, 1950, 15 F.R. 4935,
§267a. Foreign language proficiency awards
Cash awards for foreign language proficiency may, under regulations prescribed by the Secretary of the Treasury, be paid to customs officers (as referred to in
(
Statutory Notes and Related Subsidiaries
Effective Date
§§268 to 272. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762 , eff. June 18, 1930
Sections, act Sept. 21, 1922, ch. 356, title IV, §§454–458,
Provisions of Tariff Act of 1930 corresponding to section 268, see
§§273, 274. Repealed. Aug. 8, 1953, ch. 397, §4(b), 67 Stat. 509
Sections, R.S. §§2885, 2886, required the containers of imported liquors or distilled spirits to be marked or scored at the port of landing with the capacity, wine gallons, proof, proof gallons, and other detailed information, such marks to be obliterated upon sale.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Act Aug. 8, 1953, ch. 397, §1,
The exception "except as otherwise specifically provided for" apparently refers to the amendments made to the provisions preceding subd. (1) of
Savings Provision
For savings provision generally providing that the repeal or modification of existing law by act Aug. 8, 1953, ch. 397, would not affect acts, rights, or civil or criminal proceedings commenced prior to such act, see section 23 of act Aug. 8, 1953, ch. 397, set out as a note under
§§275 to 281. Repealed. June 17, 1930, ch. 497, title IV, §651(a)(1), 46 Stat. 762 , eff. June 18, 1930
Sections, act Sept. 21, 1922, ch. 356, title IV, §§459–465,
Provisions of Tariff Act of 1930 corresponding to sections 275 to 281, see
§282. Repealed. Pub. L. 103–182, title VI, §690(a)(2), Dec. 8, 1993, 107 Stat. 2222
Section, R.S. §3111;
§283. Duty on saloon stores
Articles purchased for the use of or for sale on board any such vessel, as saloon stores or supplies, shall be deemed merchandise, and shall be liable, when purchased at a foreign port, to entry and the payment of the duties found to be due thereon, at the first port of arrival of such vessel in the United States; and for a failure on the part of the saloon keeper or person purchasing or owning such articles to report, make entries, and pay duties, as hereinbefore required, such articles, together with the fixtures and other merchandise, found in such saloon or on or about such vessel, belonging to and owned by such saloon keeper or other person interested in such saloon, shall be seized and forfeited, and such saloon keeper or other person so purchasing and owning shall be liable to a penalty of not less than $100 and not more than $500, and shall be punishable by imprisonment for not less than three months and not more than two years.
(R.S. §3113.)
Editorial Notes
Codification
R.S. §3113 derived from acts July 18, 1866, ch. 201, §22,
§§284, 285. Repealed. July 3, 1926, ch. 757, §3, 44 Stat. 832
Sections, R.S. §§3116, 3117, related to manifests of vessels in coasting trade and entry for goods taken or delivered at intermediate ports.
§§286, 287. Repealed. Pub. L. 103–182, title VI, §690(a)(3), (4), Dec. 8, 1993, 107 Stat. 2222
Section 286, R.S. §3118, mandated that master of any enrolled or licensed vessel file a manifest and obtain clearance before departing from a port in one collection district to a place in another collection district where there is not customhouse.
Section 287, R.S. §3119, related to reporting requirements for merchandise destined for foreign ports and exempted unlading of cargo brought from American ports from permit requirements.
§288. Documented vessels
Documented vessels with a registry endorsement, engaged in foreign trade on the Great Lakes or their tributary or connecting waters in trade with Canada, shall not thereby become liable to the payment of entry and clearance fees.
(R.S. §2793; Sept. 25, 1941, ch. 423,
Editorial Notes
Codification
R.S. §2793 as it related to entry and clearance fees was classified to this section and section 111 of the former Appendix to Title 46, Shipping. R.S. §2793 as it related to payment of tonnage taxes was classified to section 123 of the former Appendix to Title 46.
R.S. §2793 derived from Res. Feb. 10, 1871, No. 27, §2,
Amendments
2006—
1996—
1993—
1941—Act Sept. 25, 1941, inserted exception and proviso at end of section.
§§289 to 292. Repealed. Pub. L. 103–182, title VI, §690(a)(1), (5)–(7), Dec. 8, 1993, 107 Stat. 2222 , 2223
Section 289, R.S. §2792; May 28, 1908, ch. 212, §1,
Section 290, R.S. §3122, mandated that master of any enrolled or licensed vessel destined with cargo from a place in the United States, at which there may be no customhouse, to a port where there may be a customhouse, deliver a manifest within twenty-four hours after arriving at port of destination.
Section 291, R.S. §3124; Feb. 14, 1903, ch. 552, §10,
Section 292, R.S. §3125, related to penalty for neglect or failure to comply with
§293. Documented vessels touching at foreign ports
Any United States documented vessel with a registry or coastwise endorsement, or both, may engage in trade between one port in the United States and one or more ports within the same, with the privilege of touching at one or more foreign ports during the voyage, and land and take in thereat merchandise, passengers and their baggage, and letters, and mails.
(R.S. §3126;
Editorial Notes
Codification
R.S. §3126 derived from act May 27, 1848, ch. 48, §1,
Amendments
1996—
1993—
1970—
Statutory Notes and Related Subsidiaries
Effective Date of 1970 Amendment
For effective date of amendment by
§294. No duty by reason of documented vessel touching at foreign port
Any foreign merchandise taken in at one port of the United States to be conveyed in a United States documented vessel with a registry or coastwise endorsement, or both, to any other port within the same, either under the provisions relating to warehouses, or under the laws regulating the transportation coastwise of merchandise entitled to drawback, as well as any merchandise not entitled to drawback, but on which the import duties chargeable by law shall have been duly paid, shall not become subject to any import duty by reason of the vessel in which they may arrive having touched at a foreign port during the voyage.
(R.S. §3127;
Editorial Notes
Codification
R.S. §3127 derived from act May 27, 1848, ch. 48, §2,
Amendments
1996—
1993—