Page:United States Statutes at Large Volume 92 Part 1.djvu/958

 92 STAT. 904

Repeals.

Fees.

19 USC 58a. 19 USC 1496a.

"Baggage and effects."

Study. 19 USC 1496a note.

PUBLIC LAW 95-410—OCT. 3, 1978 be seized and, in the absence of the written consent of the trademark owner, forfeited for violations of the customs laws. Upon seizure of such merchandise, the Secretary shall notify the owner of the trademark, and shall, after forfeiture, obliterate the trademark where feasible and dispose of the goods seized— "(1) by delivery to such Federal, State, and local government agencies as in the opinion of the Secretary have a need for such merchandise, "(2) by gift to such eleemosynary institutions as in the opinion of the Secretary have a need for such merchandise, "(3) more than 1 year after the date of forfeiture, by sale by appropriate customs officers at public auction under such regulations as the Secretary prescribes, except that before making any such sale the Secretary shall determine that no Federal, State, or local government agency or eleemosynary institution has established a need for such merchandise under paragraph (1) or (2), or "(4) if the merchandise is unsafe or a hazard to health, by destruction.". SEC. 212. Section 599 of the Tariff Act of 1930 (19 U.S.C. 1599) is amended by inserting "(other than a yacht or other pleasure boat)" after "part, any vessel". SEC. 213. The first sentence of section 27, Merchant Marine Act of 1920, as amended (46 U.S.C. 883), is further amended by deleting the word "thereof" where it first appears and by inserting in lieu thereof "of the merchandise (or a monetary amount up to the value thereof as determined by the Secretary of the Treasury to be recovered from any consignor, seller, owner, importer, consignee, agent, or other person or persons so transporting or causing said merchandise to be transported) ". SEC. 214. (a) Sections 2654, 4381, 4382, and 4383 of the Revised Statutes of the United States (19 U.S.C. 58 and 46 U.S.C. 329,330, and 333) are each repealed. (D) The Secretary may charge such fees as may be necessary to cover the costs of providing services similar to or the same as services furnished by customs officers under the sections repealed by subsection (a). SEC. 215. Except as otherwise provided by law, no individual returning to the United States from abroad shall be— (1) entitled to the admission of his or her baggage and effects free of duty without entry; or (2) entitled to expedited customs examination and clearance of his or her baggage and effects. Paragraph (2) shall not apply to individuals in special circumstances (including being seriously ill or infirm, having been summoned by news of affliction or disaster, and accompanying the body of a deceased relative). For purposes of this section, the term "baggage and effects" means any article which was in the possession of the individual while abroad and is being imported in connection with his or her arrival and is intended for his or her bona fide personal or household use. Such term does not include any article imported as an accommodation to others or for sale or other commercial use. SEC. 216. The Comptroller General, in cooperation with the Customs Service of the Department of the Treasury and the Immigration and Naturalization Service of the Department of Justice, shall study

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