[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR123.63]



[Page 667]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

              HOMELAND SECURITY; 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 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]