§123.63. Examination of baggage from Canada or Mexico.
19 C.F.R. § 123.63
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.
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.
Notes, amendments, and revision history
Amendments
[T.D. 95-86, 60 FR 54188, Oct. 20, 1995]
Authority
Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States (HTSUS)), 1415, 1431, 1433, 1436, 1448, 1624, 2071 note. Section 123.1 also issued under 19 U.S.C. 1459; Section 123.2 also issued under 19 U.S.C. 1459; Section 123.3 also issued under 19 U.S.C. 1459; Section 123.4 also issued under 19 U.S.C. 1484, 1498; Section 123.7 also issued under 19 U.S.C. 1498; Section 123.8 also issued under 19 U.S.C. 1450-1454, 1459; Section 123.9 also issued under 19 U.S.C. 1460, 1584, 1618; Section 123.12 also issued under 19 U.S.C. 1202 (Chapter 86, Additional U.S. Note 1, HTSUS), 1322; Sections 123.13-123.18 also issued under 19 U.S.C. 1322; Sections 123.21-123.23, 123.25-123.29, 123.41, 123.51 also issued under 19 U.S.C. 1554; Section 123.24 also issued under 19 U.S.C. 1551; Sections 123.31-123.34, 123.42, 123.52, 123.64 also issued under 19 U.S.C. 1553; Section 123.63 also issued under 19 U.S.C. 1461, 1462; Section 123.81 also issued under 19 U.S.C. 1595.
Source
Source: T.D. 70-121, 35 FR 8215, May 26, 1970, unless otherwise noted.
Amendments
[T.D. 95-86, 60 FR 54188, Oct. 20, 1995]