---
kind: "section"
citation: "19 U.S.C. § 1644a"
title: "19"
title_heading: "Customs Duties"
number: "1644a"
heading: "Ports of entry"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/1644a"
units:
  - "Chapter 4 — Tariff Act of 1930"
  - "Subtitle III — Administrative Provisions"
  - "Part VI — Miscellaneous Provisions"
---

# §1644a. Ports of entry

- (a) **Definitions—** The definitions in [section 40102(a) of title 49](/usc/49/40102.md?p=a) apply to this section.
- (b) **Secretary of the Treasury—**
  - (1) The [Secretary](/usc/19/1681.md?p=1) of the Treasury may—
    - (A) designate ports of [entry](/usc/19/1677.md?p=23) in the [United States](/usc/19/1683.md?p=9) for civil aircraft arriving in the [United States](/usc/19/1683.md?p=9) from a place outside the [United States](/usc/19/1683.md?p=9) and property transported on that aircraft;
    - (B) detail to ports of [entry](/usc/19/1677.md?p=23) officers and employees of the [United States](/usc/19/1683.md?p=9) Customs [Service](/usc/19/2576b.md?p=4) the [Secretary](/usc/19/1681.md?p=1) considers necessary;
    - (C) give an officer or employee of the [United States](/usc/19/1683.md?p=9) Government stationed at a port of [entry](/usc/19/1677.md?p=23) (with the consent of the head of the department, agency, or instrumentality of the Government with jurisdiction over the officer or employee) duties and powers of officers or employees of the Customs [Service](/usc/19/2576b.md?p=4);
    - (D) by regulation, apply to civil air navigation the laws and regulations on carrying out the customs laws, to the extent and under conditions the [Secretary](/usc/19/1681.md?p=1) considers necessary; and
    - (E) by regulation, apply to civil aircraft the laws and regulations on [entry](/usc/19/1677.md?p=23) and clearance of vessels, to the extent and under conditions the [Secretary](/usc/19/1681.md?p=1) considers necessary.
  - (2) A [person](/usc/19/1683.md?p=8) violating a customs regulation prescribed under [paragraph (1)(A)](#b-1-A)–(D) of this subsection or a public health or customs law or regulation made applicable to aircraft by a regulation under [paragraph (1)(A)](#b-1-A)–(D) is liable to the Government for a civil penalty of $5,000 for each violation. An aircraft involved in the violation may be seized and forfeited under the customs laws. The [Secretary](/usc/19/1681.md?p=1) of the Treasury may remit or mitigate a penalty and forfeiture under this paragraph.
  - (3) A [person](/usc/19/1683.md?p=8) violating a regulation made applicable under paragraph (1)(E) of this subsection or an immigration regulation prescribed under [paragraph (1)(E)](#b-1-E) is liable to the Government for a civil penalty of $5,000 for each violation. The [Secretary](/usc/19/1681.md?p=1) of the Treasury or the Attorney General may remit or mitigate a penalty under this paragraph.
  - (4) In addition to any other penalty, when a controlled substance described in [section 1584 of this title](/usc/19/1584.md) is found on, or to have been unloaded from, an aircraft to which this subsection applies, the owner of, or individual commanding, the aircraft is liable to the Government for the penalties provided in [section 1584 of this title](/usc/19/1584.md) for each violation unless the owner or individual, by a preponderance of the evidence, demonstrates that the owner or individual did not know, and by exercising the highest degree of care and diligence, could not have known, that a controlled substance was on the aircraft.
  - (5) If a violation under this subsection is by the owner or operator of, or individual commanding, the aircraft, the aircraft is subject to a lien for the penalty.
- (c) **Secretary of Agriculture—**
  - (1) The [Secretary](/usc/19/1681.md?p=1) of Agriculture by regulation may apply laws and regulations on [animal](/usc/19/2575b.md?p=1) and [plant](/usc/19/2575b.md?p=5) quarantine (including laws and regulations on importing, exporting, transporting, and quarantining [animals](/usc/19/2575b.md?p=1), [plants](/usc/19/2575b.md?p=5), [animal](/usc/19/2575b.md?p=1) and [plant](/usc/19/2575b.md?p=5) products, insects, bacterial and fungus cultures, viruses, and serums) to civil air navigation to the extent and under conditions the [Secretary](/usc/19/1681.md?p=1) considers necessary.
  - (2) A [person](/usc/19/1683.md?p=8) violating a law or regulation made applicable under paragraph (1) of this subsection is liable for the penalties provided under that law or regulation.
- (d) **Remission and mitigation of penalties—** A decision to remit or mitigate a civil penalty under this section is final. When libel proceedings are pending during a proceeding to remit or mitigate a penalty, the appropriate [Secretary](/usc/19/1681.md?p=1) shall notify the Attorney General of the remission or mitigation proceeding.
- (e) **Summary seizure of aircraft—**
  - (1) An aircraft subject to a lien under this section may be seized summarily by and placed in the custody of a [person](/usc/19/1683.md?p=8) authorized by regulations of the appropriate [Secretary](/usc/19/1681.md?p=1) or the Attorney General. A report of the case shall be sent to the Attorney General. The Attorney General shall bring promptly a civil action in rem to enforce the lien or notify the appropriate [Secretary](/usc/19/1681.md?p=1) that the action will not be brought.
  - (2) An aircraft seized under this section shall be released from custody when—
    - (A) the civil penalty or amount not remitted or mitigated is paid;
    - (B) the aircraft is seized under process of a court in a civil action in rem to enforce the lien;
    - (C) the Attorney General gives notice that a civil action will not be brought under paragraph (1) of this subsection; or
    - (D) a bond is deposited with the appropriate [Secretary](/usc/19/1681.md?p=1) or the Attorney General in an amount and with a surety the appropriate [Secretary](/usc/19/1681.md?p=1) or the Attorney General prescribes, conditioned on payment of the penalty or amount not remitted or mitigated.
- (f) **Collection of civil penalties—** A civil penalty under this section may be collected by bringing a civil action against the [person](/usc/19/1683.md?p=8) subject to the penalty, a civil action in rem against an aircraft subject to a lien for a penalty, or both. The action shall conform as nearly as practicable to a civil action in admiralty, regardless of the place an aircraft in a civil action in rem is seized. However, a party may demand a trial by jury of an issue of fact if the value of the matter in controversy is more than $20. An issue of fact tried by jury may be reexamined only under common law rules.
- (g) **Authorization of appropriations—** Necessary amounts may be appropriated to allow the head of a department, agency, or instrumentality of the Government to acquire space at a public airport (as defined in [section 47102 of title 49](/usc/49/47102.md)) when the head decides the space is necessary to carry out inspections, clearance, collection of taxes or duties, or a similar responsibility of the head, related to transporting passengers or property in air commerce. The head must consult with the [Secretary](/usc/19/1681.md?p=1) of Transportation before making a decision on space.

## Source credit

(Pub. L. 103–272, § 2, July 5, 1994, 108 Stat. 1358.)

## Notes

### Editorial Notes

### Codification

Section was not enacted as part of the Tariff Act of 1930 which comprises this chapter.

Section is based on sections 1474 and 1509(b)–(e) of former Title 49, Transportation, which were repealed and restated as this section by Pub. L. 103–272, §§ 2, 7(b), July 5, 1994, 108 Stat. 1358, 1379.

### Statutory Notes and Related Subsidiaries

### 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 sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.