[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR123.63]

[Page 592-593]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 123--CUSTOMS RELATIONS WITH CANADA AND MEXICO--Table of Contents
 
                           Subpart G--Baggage
 
Sec. 123.63  Examination of baggage from Canada or Mexico.

    (a) 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.
    (b) 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

[[Page 593]]

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.

[T.D. 95-86, 60 FR 54188, Oct. 20, 1995]