Harts v. United States

Citations

• 140 F. 843
• 72 C.C.A. 255
• 1905 U.S. App. LEXIS 3965

Syllabus

<p>1. Customs Duties — Passengers’ Baggage — Entby—Failure to Mention Dutiable Abticles — Intent.</p> <p>On arrival in the United States a passenger, in entering his baggage, omitted to mention to the customs officers certain dutiable articles contained therein. Eeld, that he thereby became liable to the penalties provided in section 2802, Rev. St. [U. S. Comp. St. 1901, p. 1873], irrespective of intent to defraud the United States.</p> <p>[Ed. Note. — For cases in point, see vol. 15, Cent. Dig. Customs Duties, § 269.]</p> <p>2. Same — Mention.</p> <p>A passenger arriving in the United States, on filling out the printed form furnished by the customs officers for the declaration and entry of baggage, struck out the clause referring to the itemized description that is required of the various articles of baggage, and inserted instead a description of the pieces of baggage he had, as consisting of certain numbers of trunks, valises, etc., and said nothing as to what articles were contained therein. Eeld, that this was not sufficient to put the customs officers on inquiry as to the dutiable character of the contents of the packages, so as to constitute a sufficient “mention” of the articles, within the requirement of section 2802, Rev. St. [U. S. Comp. St. 1901, p. 1873], that dutiable articles in imported baggage shall be “mentioned” on making the customs entry.</p> <p>3. Same — Importations prom Philippines — Illegal Entry.</p> <p>Section 2802, Rey. St. [U. S. Comp. St 1901, p. 1873], providing penalties for the failure to make due entry of articles in passengers’ baggage, is not inapplicable to articles brought from the Philippine Islands.</p> <p>4. Same — Baggage—Exemption oe $100 Worth.</p> <p>The exemption from duty of $100 worth of articles in the personal effects of residents of the United States returning from abroad, as provided in Tariff Act July 24, 1897, c. 11, § 2, Free List, par. 697, 30 Stat. 151, 202 [U. S. Comp. St. 1901, p. 1689], may not be claimed, e