---
kind: "section"
citation: "19 U.S.C. § 1415"
title: "19"
title_heading: "Customs Duties"
number: "1415"
heading: "Mandatory advance electronic information for cargo and other improved customs reporting procedures"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/1415"
units:
  - "Chapter 4 — Tariff Act of 1930"
  - "Subtitle III — Administrative Provisions"
  - "Part I — Definitions and National Customs Automation Program"
  - "Subpart b — national customs automation program"
---

# §1415. Mandatory advance electronic information for cargo and other improved customs reporting procedures

- (a) **Cargo information—**
  - (1) **In general—**
    - (A) Subject to paragraphs [(2)](#a-2) and [(3)](#a-3), the [Secretary](/usc/19/1681.md?p=1) is authorized to promulgate regulations providing for the transmission to the Customs [Service](/usc/19/2576b.md?p=4), through an electronic data interchange system, of information pertaining to cargo to be brought into the [United States](/usc/19/1683.md?p=9) or to be sent from the [United States](/usc/19/1683.md?p=9), prior to the arrival or departure of the cargo.
    - (B) The [Secretary](/usc/19/1681.md?p=1) shall endeavor to promulgate an initial set of regulations under [subparagraph (A)](#a-1-A) not later than October 1, 2003.
  - (2) **Information required—** The cargo information required by the regulations promulgated pursuant to [paragraph (1)](#a-1) under the parameters set forth in [paragraph (3)](#a-3) shall be such information on cargo as the [Secretary](/usc/19/1681.md?p=1) determines to be reasonably necessary to ensure cargo safety and security pursuant to those laws enforced and administered by the Customs [Service](/usc/19/2576b.md?p=4). The [Secretary](/usc/19/1681.md?p=1) shall provide to appropriate Federal departments and agencies cargo information obtained pursuant to [paragraph (1)](#a-1).
  - (3) **Parameters—** In developing regulations pursuant to [paragraph (1)](#a-1), the [Secretary](/usc/19/1681.md?p=1) shall adhere to the following parameters:
    - (A) The [Secretary](/usc/19/1681.md?p=1) shall solicit comments from and consult with a broad range of parties likely to be affected by the regulations, including importers, exporters, carriers, customs brokers, and freight forwarders, among other [interested parties](/usc/19/1677.md?p=9).
    - (B) In general, the requirement to provide particular information shall be imposed on the party most likely to have direct knowledge of that information. Where requiring information from the party with direct knowledge of that information is not practicable, the regulations shall take into account how, under ordinary commercial practices, information is acquired by the party on which the requirement is imposed, and whether and how such party is able to verify the information. Where information is not reasonably verifiable by the party on which a requirement is imposed, the regulations shall permit that party to transmit information on the basis of what it reasonably believes to be true.
    - (C) The [Secretary](/usc/19/1681.md?p=1) shall take into account the existence of competitive relationships among the parties on which requirements to provide particular information are imposed.
    - (D) Where the regulations impose requirements on carriers of cargo, they shall take into account differences among different modes of transportation, including differences in commercial practices, operational characteristics, and technological capacity to collect and transmit information electronically.
    - (E) The regulations shall take into account the extent to which the technology necessary for parties to transmit and the Customs [Service](/usc/19/2576b.md?p=4) to receive and analyze data in a timely fashion is available. To the extent that the [Secretary](/usc/19/1681.md?p=1) determines that the necessary technology will not be widely available to particular modes of transportation or other affected parties until after promulgation of the regulations, the regulations shall provide interim requirements appropriate for the technology that is available at the time of promulgation.
    - (F) The information collected pursuant to the regulations shall be used exclusively for ensuring cargo safety and security, preventing smuggling, and commercial [risk assessment](/usc/19/2575b.md?p=6) targeting, and shall not be used for any commercial enforcement purposes, including for determining merchandise [entry](/usc/19/1677.md?p=23). Notwithstanding the preceding sentence, nothing in this section shall be treated as amending, repealing, or otherwise modifying title IV of the Tariff Act of 1930 [[19 U.S.C. 1401](/usc/19/1401.md) et seq.] or regulations promulgated thereunder.
    - (G) The regulations shall protect the privacy of business proprietary and any other confidential cargo information provided to the Customs [Service](/usc/19/2576b.md?p=4) pursuant to such regulations, except for the manifest information collected pursuant to section 431 of the Tariff Act of 1930 [[19 U.S.C. 1431](/usc/19/1431.md)] and required to be available for public disclosure pursuant to section 431(c) of such Act..[^1]
    - (H) In determining the timing for transmittal of any information, the [Secretary](/usc/19/1681.md?p=1) shall balance likely impact on flow of commerce with impact on cargo safety and security. With respect to requirements that may be imposed on carriers of cargo, the timing for transmittal of information shall take into account differences among different modes of transportation, as described in [subparagraph (D)](#a-3-D).
    - (I) Where practicable, the regulations shall avoid imposing requirements that are redundant with one another or that are redundant with requirements in other provisions of law.
    - (J) The [Secretary](/usc/19/1681.md?p=1) shall determine whether it is appropriate to provide transition periods between promulgation of the regulations and the effective date of the regulations and shall prescribe such transition periods in the regulations, as appropriate. The [Secretary](/usc/19/1681.md?p=1) may determine that different transition periods are appropriate for different classes of affected parties.
    - (K)
      - (i) The [Secretary](/usc/19/1681.md?p=1) shall prescribe regulations requiring the [United States](/usc/19/1683.md?p=9) Postal [Service](/usc/19/2576b.md?p=4) to transmit the information described in paragraphs [(1)](#a-1) and [(2)](#a-2) to the Commissioner of U.S. Customs and Border Protection for international mail shipments by the Postal [Service](/usc/19/2576b.md?p=4) (including shipments to the Postal [Service](/usc/19/2576b.md?p=4) from foreign postal operators that are transported by private carrier) consistent with the requirements of this subparagraph.
      - (ii) In prescribing regulations under [clause (i)](#a-3-K-i), the [Secretary](/usc/19/1681.md?p=1) shall impose requirements for the transmission to the Commissioner of information described in paragraphs [(1)](#a-1) and [(2)](#a-2) for mail shipments described in [clause (i)](#a-3-K-i) that are comparable to the requirements for the transmission of such information imposed on similar non-mail shipments of cargo, taking into account the parameters set forth in subparagraphs [(A)](#a-3-A) through [(J)](#a-3-J).
      - (iii) The regulations prescribed under [clause (i)](#a-3-K-i) shall require the transmission of the information described in paragraphs [(1)](#a-1) and [(2)](#a-2) with respect to a shipment as soon as practicable in relation to the transportation of the shipment, consistent with [subparagraph (H)](#a-3-H).
      - (iv) Regulations prescribed under [clause (i)](#a-3-K-i) shall allow for the requirements for the transmission to the Commissioner of information described in paragraphs [(1)](#a-1) and [(2)](#a-2) for mail shipments described in [clause (i)](#a-3-K-i) to be implemented in phases, as appropriate, by—
        - (I) setting incremental targets for increasing the percentage of such shipments for which information is required to be transmitted to the Commissioner; and
        - (II) taking into consideration—
          - (aa) the risk posed by such shipments;
          - (bb) the volume of mail shipped to the [United States](/usc/19/1683.md?p=9) by or through a particular [country](/usc/19/1677.md?p=3); and
          - (cc) the capacities of foreign postal operators to provide that information to the Postal [Service](/usc/19/2576b.md?p=4).
      - (v)
        - (I) Notwithstanding [clause (iv)](#a-3-K-iv), the Postal [Service](/usc/19/2576b.md?p=4) shall, not later than December 31, 2018, arrange for the transmission to the Commissioner of the information described in paragraphs [(1)](#a-1) and [(2)](#a-2) for not less than 70 percent of the aggregate number of mail shipments, including 100 percent of mail shipments from the People’s Republic of China, described in [clause (i)](#a-3-K-i).
        - (II) If the requirements of [subclause (I)](#a-3-K-v-I) are not met, the Comptroller General of the [United States](/usc/19/1683.md?p=9) shall submit to the [appropriate congressional committees](/usc/19/1683.md?p=1), not later than June 30, 2019, a report—
          - (aa) assessing the reasons for the failure to meet those requirements; and
          - (bb) identifying recommendations to improve the collection by the Postal [Service](/usc/19/2576b.md?p=4) of the information described in paragraphs [(1)](#a-1) and [(2)](#a-2).
      - (vi)
        - (I) Notwithstanding [clause (iv)](#a-3-K-iv), the Postal [Service](/usc/19/2576b.md?p=4) shall, not later than December 31, 2020, arrange for the transmission to the Commissioner of the information described in paragraphs [(1)](#a-1) and [(2)](#a-2) for 100 percent of the aggregate number of mail shipments described in [clause (i)](#a-3-K-i).
        - (II) The Commissioner, in consultation with the Postmaster General, may determine to exclude a [country](/usc/19/1677.md?p=3) from the requirement described in [subclause (I)](#a-3-K-vi-I) to transmit information for mail shipments described in [clause (i)](#a-3-K-i) from the [country](/usc/19/1677.md?p=3) if the Commissioner determines that the [country](/usc/19/1677.md?p=3)—
          - (aa) does not have the capacity to collect and transmit such information;
          - (bb) represents a low risk for mail shipments that violate relevant [United States](/usc/19/1683.md?p=9) laws and regulations; and
          - (cc) accounts for low volumes of mail shipments that can be effectively screened for compliance with relevant [United States](/usc/19/1683.md?p=9) laws and regulations through an alternate means.
        - (III) The Commissioner shall, at a minimum on an annual basis, re-evaluate any determination made under [subclause (II)](#a-3-K-vi-II) to exclude a [country](/usc/19/1677.md?p=3) from the requirement described in [subclause (I)](#a-3-K-vi-I). If, at any time, the Commissioner determines that a [country](/usc/19/1677.md?p=3) no longer meets the requirements under [subclause (II)](#a-3-K-vi-II), the Commissioner may not further exclude the [country](/usc/19/1677.md?p=3) from the requirement described in [subclause (I)](#a-3-K-vi-I).
        - (IV) The Commissioner shall, on an annual basis, submit to the [appropriate congressional committees](/usc/19/1683.md?p=1)—
          - (aa) a list of [countries](/usc/19/1677.md?p=3) with respect to which the Commissioner has made a determination under [subclause (II)](#a-3-K-vi-II) to exclude the [countries](/usc/19/1677.md?p=3) from the requirement described in [subclause (I)](#a-3-K-vi-I); and
          - (bb) information used to support such determination with respect to such [countries](/usc/19/1677.md?p=3).
      - (vii)
        - (I) The Postmaster General shall, in consultation with the Commissioner, refuse any shipments received after December 31, 2020, for which the information described in paragraphs [(1)](#a-1) and [(2)](#a-2) is not transmitted as required under this subparagraph, except as provided in subclause [(II)](#a-3-K-vii-II) or [(III)](#a-3-K-vii-III).
        - (II) If remedial action is warranted in lieu of refusal of shipments pursuant to [subclause (I)](#a-3-K-vii-I), the Postmaster General and the Commissioner shall take remedial action with respect to the shipments, including destruction, seizure, controlled delivery or other law enforcement initiatives, or correction of the failure to provide the information described in paragraphs [(1)](#a-1) and [(2)](#a-2) with respect to the shipments.
        - (III) Notwithstanding [subclause (I)](#a-3-K-vii-I), during the period beginning on January 1, 2021, through March 15, 2021, the Postmaster General may accept a shipment without transmission of the information described in paragraphs [(1)](#a-1) and [(2)](#a-2) if the Commissioner determines, or concurs with the determination of the Postmaster General, that the shipment presents a low risk of violating any relevant [United States](/usc/19/1683.md?p=9) statutes or regulations, including statutes or regulations relating to the importation of controlled substances such as fentanyl and other synthetic opioids.
      - (viii) Nothing in this subparagraph shall be construed to limit the authority of the [Secretary](/usc/19/1681.md?p=1) to obtain information relating to international mail shipments from private carriers or other appropriate parties.
      - (ix) In this subparagraph, the term “[appropriate congressional committees](/usc/19/1683.md?p=1)” means—
        - (I) the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the Senate; and
        - (II) the Committee on Ways and Means, the Committee on Oversight and Government Reform, and the Committee on Homeland Security of the House of Representatives.
    - (L) Not later than 15 days prior to publication of a final rule pursuant to this section, the [Secretary](/usc/19/1681.md?p=1) shall transmit to the Committees on Finance and Commerce, Science, and Transportation of the Senate and the Committees on Ways and Means and Transportation and Infrastructure of the House of Representatives a report setting forth—
      - (i) the proposed regulations;
      - (ii) an explanation of how particular requirements in the proposed regulations meet the needs of cargo safety and security;
      - (iii) an explanation of how the [Secretary](/usc/19/1681.md?p=1) expects the proposed regulations to affect the commercial practices of affected parties;
      - (iv) an explanation of how the proposed regulations address particular comments received from [interested parties](/usc/19/1677.md?p=9); and
      - (v) if the [Secretary](/usc/19/1681.md?p=1) determines to amend the proposed regulations after they have been transmitted to the Committees pursuant to this subparagraph, the [Secretary](/usc/19/1681.md?p=1) shall transmit the amended regulations to such Committees no later than 5 days prior to the publication of the final rule.
  - (4) **Transmission of data—** Pursuant to [paragraph (2)](#a-2), not later than 1 year after August 10, 2005, the [Secretary](/usc/19/1681.md?p=1) of Homeland Security, after consultation with the [Secretary](/usc/19/1681.md?p=1) of the Treasury, shall establish an electronic data interchange system through which the [United States](/usc/19/1683.md?p=9) Customs and Border Protection shall transmit to the Internal Revenue [Service](/usc/19/2576b.md?p=4) information pertaining to cargoes of any taxable fuel (as defined in [section 4083 of title 26](/usc/26/4083.md)) that the [United States](/usc/19/1683.md?p=9) Customs and Border Protection has obtained electronically under its regulations adopted in accordance with [paragraph (1)](#a-1). For this purpose, not later than 1 year after August 10, 2005, all filers of required cargo information for such taxable fuels (as so defined) must provide such information to the [United States](/usc/19/1683.md?p=9) Customs and Border Protection through such electronic data interchange system.
  - (5) **Capacity building—**
    - (A) **In general—** The [Secretary](/usc/19/1681.md?p=1), with the concurrence of the Secretary of State, and in coordination with the Postmaster General and the heads of other Federal agencies, as appropriate, may provide technical assistance, equipment, technology, and training to enhance the capacity of foreign postal operators—
      - (i) to gather and provide the information required by [paragraph (3)(K)](#a-3-K); and
      - (ii) to otherwise gather and provide postal shipment information related to—
        - (I) terrorism;
        - (II) items the importation or introduction of which into the [United States](/usc/19/1683.md?p=9) is prohibited or restricted, including controlled substances; and
        - (III) such other concerns as the [Secretary](/usc/19/1681.md?p=1) determines appropriate.
    - (B) **Provision of equipment and technology—** With respect to the provision of equipment and technology under [subparagraph (A)](#a-5-A), the [Secretary](/usc/19/1681.md?p=1) may lease, loan, provide, or otherwise assist in the deployment of such equipment and technology under such terms and conditions as the [Secretary](/usc/19/1681.md?p=1) may prescribe, including nonreimbursable loans or the transfer of ownership of equipment and technology.
- (b) **Omitted—**
- (c) **Secretary—** For purposes of this section, the term “[Secretary](/usc/19/1681.md?p=1)” means the [Secretary](/usc/19/1681.md?p=1) of the Treasury. If, at the time the regulations required by [subsection (a)(1)](#a-1) are promulgated, the Customs [Service](/usc/19/2576b.md?p=4) is no longer located in the Department of the Treasury, then the [Secretary](/usc/19/1681.md?p=1) of the Treasury shall exercise the authority under [subsection (a)](#a) jointly with the [Secretary](/usc/19/1681.md?p=1) of the Department in which the Customs [Service](/usc/19/2576b.md?p=4) is located.

## Footnotes

[^1]: So in original.

## Source credit

(Pub. L. 107–210, div. A, title III, § 343, Aug. 6, 2002, 116 Stat. 981; Pub. L. 107–295, title I, § 108(b), Nov. 25, 2002, 116 Stat. 2089; Pub. L. 109–59, title XI, § 11165(a), Aug. 10, 2005, 119 Stat. 1976; Pub. L. 114–125, title I, § 111(c), Feb. 24, 2016, 130 Stat. 140; Pub. L. 115–271, title VIII, § 8003(a)(1), (b)(1), (e), Oct. 24, 2018, 132 Stat. 4074, 4076, 4079; Pub. L. 116–260, div. N, title VIII, § 802, Dec. 27, 2020, 134 Stat. 2119.)

## Notes

### Editorial Notes

### References in Text

The Tariff Act of 1930, referred to in subsec. (a)(3)(F), is act June 17, 1930, ch. 497, 46 Stat. 590. Title IV of the Act is classified generally to this subtitle. For complete classification of this Act to the Code, see section 1654 of this title and Tables.

### Codification

Subsections (a) and (c) of this section were formerly set out as a note under section 2071 of this title.

Section was enacted as part of the Customs Border Security Act of 2002, and also as part of the Trade Adjustment Assistance Reform Act of 2002 and as part of the Trade Act of 2002, and not as part of the Tariff Act of 1930 which comprises this chapter.

Section is comprised of section 343 of Pub. L. 107–210. Subsec. (b) of section 343 of Pub. L. 107–210 enacted section 1431a of this title.

### Amendments

2020—Subsec. (a)(3)(K)(vii)(I). Pub. L. 116–260, § 802(1), substituted “subclause (II) or (III)” for “subclause (II)”.

Subsec. (a)(3)(K)(vii)(III). Pub. L. 116–260, § 802(2), added subcl. (III).

2018—Pub. L. 115–271, § 8003(e), substituted “advance” for “advanced” in section catchline.

Subsec. (a)(3)(K). Pub. L. 115–271, § 8003(a)(1), amended subpar. (K) generally. Prior to amendment, subpar. (K) read as follows: “With respect to requirements imposed on carriers, the Secretary, in consultation with the Postmaster General, shall determine whether it is appropriate to impose the same or similar requirements on shipments by the United States Postal Service. If the Secretary determines that such requirements are appropriate, then they shall be set forth in the regulations.”

Subsec. (a)(5). Pub. L. 115–271, § 8003(b)(1), added par. (5).

2016—Subsec. (a)(3)(F). Pub. L. 114–125 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “The information collected pursuant to the regulations shall be used exclusively for ensuring cargo safety and security and preventing smuggling, and shall not be used for determining merchandise entry or for any other commercial enforcement purposes. Notwithstanding the preceding sentence, nothing in this section shall be treated as amending, repealing, or otherwise modifying title IV of the Tariff Act of 1930 or regulations promulgated thereunder.”

2005—Subsec. (a)(4). Pub. L. 109–59 added par. (4).

2002—Subsec. (a)(1). Pub. L. 107–295, § 108(b)(1), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “Subject to paragraphs (2) and (3), not later than 1 year after August 6, 2002, the Secretary shall promulgate regulations providing for the transmission to the Customs Service, through an electronic data interchange system, of information pertaining to cargo destined for importation into the United States or exportation from the United States, prior to such importation or exportation.”

Subsec. (a)(2). Pub. L. 107–295, § 108(b)(2), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “The information required by the regulations promulgated pursuant to paragraph (1) under the parameters set forth in paragraph (3) shall be such information as the Secretary determines to be reasonably necessary to ensure aviation, maritime, and surface transportation safety and security pursuant to those laws enforced and administered by the Customs Service.”

Subsec. (a)(3)(F). Pub. L. 107–295, § 108(b)(3)(A), (B), substituted “cargo safety and security” for “aviation, maritime, and surface transportation safety and security”, inserted “and preventing smuggling” after “security” and “merchandise” after “determining”, and inserted at end “Notwithstanding the preceding sentence, nothing in this section shall be treated as amending, repealing, or otherwise modifying title IV of the Tariff Act of 1930 or regulations promulgated thereunder.”

Subsec. (a)(3)(G). Pub. L. 107–295, § 108(b)(3)(C), inserted “cargo” after “confidential” and “pursuant to such regulations, except for the manifest information collected pursuant to section 431 of the Tariff Act of 1930 and required to be available for public disclosure pursuant to section 431(c) of such Act.” after “Customs Service” and struck out at end “However, this parameter does not repeal, amend, or otherwise modify other provisions of law relating to the public disclosure of information transmitted to the Customs Service.”

Subsec. (a)(3)(H). Pub. L. 107–295, § 108(b)(3)(A), substituted “cargo safety and security” for “aviation, maritime, and surface transportation safety and security”.

Subsec. (a)(3)(L). Pub. L. 107–295, § 108(b)(3)(D)(i)(II), which directed the substitution of “publication of a final rule pursuant to this section” for “promulgation of regulations” in introductory provisions, was executed by making the substitution for “promulgation of the regulations” to reflect the probable intent of Congress.

Pub. L. 107–295, § 108(b)(3)(D)(i)(I), substituted “15 days” for “60 days” in introductory provisions.

Subsec. (a)(3)(L)(ii). Pub. L. 107–295, § 108(b)(3)(A), substituted “cargo safety and security” for “aviation, maritime, and surface transportation safety and security”.

Subsec. (a)(3)(L)(v). Pub. L. 107–295, § 108(b)(3)(D)(ii)–(iv), added cl. (v).

### Statutory Notes and Related Subsidiaries

### Change of Name

Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

### Effective Date of 2005 Amendment

Pub. L. 109–59, title XI, § 11165(b), Aug. 10, 2005, 119 Stat. 1976, provided that: “The amendment made by this section [amending this section] shall take effect on the date of the enactment of this Act [Aug. 10, 2005].”

### International Postal Agreements

Pub. L. 115–271, title VIII, § 8004, Oct. 24, 2018, 132 Stat. 4079, provided that:Existing Agreements.— In general.—In the event that any provision of this subtitle [subtitle A (§§ 8001–8009) of title VIII of Pub. L. 115–271, see Short Title of 2018 Amendment note set out under section 1 of this title], or any amendment made by this subtitle, is determined to be in violation of obligations of the United States under any postal treaty, convention, or other international agreement related to international postal services, or any amendment to such an agreement, the Secretary of State should negotiate to amend the relevant provisions of the agreement so that the United States is no longer in violation of the agreement. Rule of construction.—Nothing in this subsection shall be construed to permit delay in the implementation of this subtitle or any amendment made by this subtitle.Future Agreements.— Consultations.—Before entering into, on or after the date of the enactment of this Act [Oct. 24, 2018], any postal treaty, convention, or other international agreement related to international postal services, or any amendment to such an agreement, that is related to the ability of the United States to secure the provision of advance electronic information by foreign postal operators, the Secretary of State should consult with the appropriate congressional committees (as defined in section 8003(f)) [Committee on Finance and Committee on Homeland Security and Governmental Affairs of the Senate and Committee on Ways and Means, Committee on Oversight and Accountability, and Committee on Homeland Security of the House of Representatives]. Expedited negotiation of new agreement.—To the extent that any new postal treaty, convention, or other international agreement related to international postal services would improve the ability of the United States to secure the provision of advance electronic information by foreign postal operators as required by regulations prescribed under section 343(a)(3)(K) of the Trade Act of 2002 [19 U.S.C. 1415(a)(3)(K)], as amended by section 8003(a)(1), the Secretary of State should expeditiously conclude such an agreement.”

### Cost Recoupment

Pub. L. 115–271, title VIII, § 8005, Oct. 24, 2018, 132 Stat. 4079, provided that: In General.—The United States Postal Service shall, to the extent practicable and otherwise recoverable by law, ensure that all costs associated with complying with this subtitle [subtitle A (§§ 8001–8009) of title VIII of Pub. L. 115–271, see Short Title of 2018 Amendment note set out under section 1 of this title] and amendments made by this subtitle are charged directly to foreign shippers or foreign postal operators. Costs Not Considered Revenue.—The recovery of costs under subsection (a) shall not be deemed revenue for purposes of subchapter I and II of chapter 36 of title 39, United States Code, or regulations prescribed under that chapter.”