[Code of Federal Regulations]

[Title 19, Volume 2]

[Revised as of April 1, 2006]

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

[CITE: 19CFR148.2]



[Page 136]

 

                        TITLE 19--CUSTOMS DUTIES

 

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

        HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)

 

PART 148_PERSONAL DECLARATIONS AND EXEMPTIONS--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  148.2  Residence status of arriving persons.



    (a) General. Persons arriving from foreign countries shall be 

divided into two classes for Customs purposes:

    (1) Residents of the United States returning from abroad, and

    (2) All other persons, hereinafter referred to as nonresidents.

    (b) Status as returning resident. Citizens of the United States, or 

persons who have formerly resided in the United States, (including 

American citizens who are residents of American Samoa, Guam, the 

Commonwealth of the Northern Mariana Islands, or the Virgin Islands of 

the United States) shall be deemed residents of the United States 

returning from abroad within the meaning of ``residents'' as used in 

Chapter 98, Subchapter IV, Harmonized Tariff Schedule of the United 

States (19 U.S.C. 1202), in the absence of satisfactory evidence that 

they have established a home elsewhere. For this purpose, the residence 

of a wife shall be deemed to be that of her husband unless satisfactory 

evidence is presented that the wife has established a separate residence 

elsewhere. The residence of a minor child shall be presumed to be that 

of his parents.

    (c) Status as nonresident. Any person arriving in the United States 

who is not a resident of the United States or who, though a resident of 

the United States, is not returning from abroad, shall be treated for 

the purpose of these regulations as a nonresident.

    (d) Optional claim of nonresident status. Any person arriving in the 

United States who would otherwise be considered a returning resident, 

may claim at his option the status of a nonresident if he intends to 

remain in the United States for only a short period of time before 

returning abroad. If the status as a nonresident claimed by an arriving 

person is allowed, the procedures in Sec.  148.8 shall be followed.



[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 78-394, 43 FR 

49788, Oct. 25, 1978; T.D. 89-1, 53 FR 51263, Dec. 21, 1988; T.D. 97-75, 

62 FR 46441, Sept. 3, 1997]