March 23, 2012 Title 19 Customs Duties Parts 141 to 199 Revised as of April 1, 2012 Containing a codification of documents of general applicability and future effect As of April 1, 2012

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 Table of Contents Page Explanation v Title 19: Chapter I—U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury (Continued) 3 Finding Aids: Table of CFR Titles and Chapters 657 Alphabetical List of Agencies Appearing in the CFR 677 Chapter I Subject Index 687 List of CFR Sections Affected 805

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THIS TITLE

Title 19—Customs Duties is composed of three volumes. The first two volumes, parts 0—140 and parts 141—199 contain the regulations in Chapter I—U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury. The third volume, part 200 to end, contains the regulations in Chapter II—United States International Trade Commission; Chapter III—International Trade Administration, Department of Commerce; and Chapter IV—U.S. Immigration and Customs Enforcement, Department of Homeland Security. The contents of these volumes represent all current regulations issued under this title of the CFR as of April 1, 2012.

A Subject Index to Chapter I—U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury appears in the Finding Aids section of the first two volumes.

For this volume, Cheryl E. Sirofchuck was Chief Editor. The Code of Federal Regulations publication program is under the direction of Michael L. White, assisted by Ann Worley.

 <LRH>19 CFR Ch. I (4-1-12 Edition)</LRH> <RRH>U.S. Customs and Border Protection, DHS; Treasury</RRH> <CFRTITLE> <TITLEHD> <PRTPAGE P="1"/> <HD SOURCE="HED">Title 19—Customs Duties</HD> <P>(This book contains parts 141 to 199)</P> </TITLEHD> <CFRTOC> <PTHD>Part</PTHD> <CHAPTI> <SUBJECT> <E T="04">chapter i</E>—U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury (Continued)</SUBJECT> <PG>141</PG> </CHAPTI> </CFRTOC> </CFRTITLE> <CHAPTER> <TOC> <TOCHD> <PRTPAGE P="3"/> <HD SOURCE="HED">CHAPTER I—U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)</HD> </TOCHD> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>Nomenclature changes to chapter I appear by T.D. 95-78, 60 FR 50021, Sept. 27, 1995, and by CBP Dec. 07-82, 72 FR 59167, Oct. 19, 2007.</P> </EDNOTE> <PTHD>Part</PTHD> <PGHD>Page</PGHD> <CHAPTI> <PT>141</PT> <SUBJECT>Entry of merchandise</SUBJECT> <PG>5</PG> <PT>142</PT> <SUBJECT>Entry process</SUBJECT> <PG>46</PG> <PT>143</PT> <SUBJECT>Special entry procedures</SUBJECT> <PG>61</PG> <PT>144</PT> <SUBJECT>Warehouse and rewarehouse entries and withdrawals</SUBJECT> <PG>72</PG> <PT>145</PT> <SUBJECT>Mail importations</SUBJECT> <PG>84</PG> <PT>146</PT> <SUBJECT>Foreign trade zones</SUBJECT> <PG>97</PG> <PT>147</PT> <SUBJECT>Trade fairs</SUBJECT> <PG>134</PG> <PT>148</PT> <SUBJECT>Personal declarations and exemptions</SUBJECT> <PG>139</PG> <PT>149</PT> <SUBJECT>Importer Security Filing</SUBJECT> <PG>173</PG> <PT>151</PT> <SUBJECT>Examination, sampling, and testing of merchandise</SUBJECT> <PG>177</PG> <PT>152</PT> <SUBJECT>Classification and appraisement of merchandise</SUBJECT> <PG>209</PG> <PT>158</PT> <SUBJECT>Relief from duties on merchandise lost, damaged, abandoned, or exported</SUBJECT> <PG>227</PG> <PT>159</PT> <SUBJECT>Liquidation of duties</SUBJECT> <PG>234</PG> <PT>161</PT> <SUBJECT>General enforcement provisions</SUBJECT> <PG>251</PG> <PT>162</PT> <SUBJECT>Inspection, search, and seizure</SUBJECT> <PG>253</PG> <PT>163</PT> <SUBJECT>Recordkeeping</SUBJECT> <PG>280</PG> <PT>171</PT> <SUBJECT>Fines, penalties, and forfeitures</SUBJECT> <PG>299</PG> <PT>172</PT> <SUBJECT>Claims for liquidated damages; penalties secured by bonds</SUBJECT> <PG>328</PG> <PT>173</PT> <SUBJECT>Administrative review in general</SUBJECT> <PG>332</PG> <PT>174</PT> <SUBJECT>Protests</SUBJECT> <PG>334</PG> <PT>175</PT> <SUBJECT>Petitions by domestic interested parties</SUBJECT> <PG>342</PG> <PT>176</PT> <SUBJECT>Proceedings in the Court of International Trade</SUBJECT> <PG>345</PG> <PT>177</PT> <SUBJECT>Administrative rulings</SUBJECT> <PG>347</PG> <PT>178</PT> <SUBJECT>Approval of information collection requirements</SUBJECT> <PG>365</PG> <PT>181</PT> <SUBJECT>North American Free Trade Agreement</SUBJECT> <PG>369<PRTPAGE P="4"/> </PG> <PT>191</PT> <SUBJECT>Drawback</SUBJECT> <PG>534</PG> <PT>192</PT> <SUBJECT>Export control</SUBJECT> <PG>647</PG> <PT>193-199</PT> <RESERVED>[Reserved]</RESERVED> </CHAPTI> </TOC> <PRTPAGE P="5"/> <PART> <EAR>Pt. 141</EAR> <HD SOURCE="HED">PART 141—ENTRY OF MERCHANDISE</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>141.0</SECTNO> <SUBJECT>Scope.</SUBJECT> <SECTNO>141.0a</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SUBPART> <HD SOURCE="HED">Subpart A—Liability for Duties and Requirement To Enter Merchandise</HD> <SECTNO>141.1</SECTNO> <SUBJECT>Liability of importer for duties.</SUBJECT> <SECTNO>141.2</SECTNO> <SUBJECT>Liability for duties on reimportation.</SUBJECT> <SECTNO>141.3</SECTNO> <SUBJECT>Liability for duties includes liability for taxes.</SUBJECT> <SECTNO>141.4</SECTNO> <SUBJECT>Entry required.</SUBJECT> <SECTNO>141.5</SECTNO> <SUBJECT>Time limit for entry.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Right To Make Entry and Declarations on Entry</HD> <SECTNO>141.11</SECTNO> <SUBJECT>Evidence of right to make entry for importations by common carrier.</SUBJECT> <SECTNO>141.12</SECTNO> <SUBJECT>Right to make entry of importations by other than common carrier.</SUBJECT> <SECTNO>141.13</SECTNO> <SUBJECT>Right to make entry of abandoned or salvaged merchandise.</SUBJECT> <SECTNO>141.14</SECTNO> <SUBJECT>Deceased or insolvent consignees and court-appointed administrators.</SUBJECT> <SECTNO>141.15</SECTNO> <SUBJECT>Bond for production of bill of lading or air waybill.</SUBJECT> <SECTNO>141.16</SECTNO> <SUBJECT>Disposition of documents.</SUBJECT> <SECTNO>141.17</SECTNO> <SUBJECT>Entry by nonresident consignee.</SUBJECT> <SECTNO>141.18</SECTNO> <SUBJECT>Entry by nonresident corporation.</SUBJECT> <SECTNO>141.19</SECTNO> <SUBJECT>Declaration of entry.</SUBJECT> <SECTNO>141.20</SECTNO> <SUBJECT>Actual owner's declaration and superseding bond of actual owner.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Powers of Attorney</HD> <SECTNO>141.31</SECTNO> <SUBJECT>General requirements and definitions.</SUBJECT> <SECTNO>141.32</SECTNO> <SUBJECT>Form for power of attorney.</SUBJECT> <SECTNO>141.33</SECTNO> <SUBJECT>Alternative form for noncommercial shipment.</SUBJECT> <SECTNO>141.34</SECTNO> <SUBJECT>Duration of power of attorney.</SUBJECT> <SECTNO>141.35</SECTNO> <SUBJECT>Revocation of power of attorney.</SUBJECT> <SECTNO>141.36</SECTNO> <SUBJECT>Nonresident principals in general.</SUBJECT> <SECTNO>141.37</SECTNO> <SUBJECT>Additional requirements for non-resident corporations.</SUBJECT> <SECTNO>141.38</SECTNO> <SUBJECT>Resident corporations.</SUBJECT> <SECTNO>141.39</SECTNO> <SUBJECT>Partnerships.</SUBJECT> <SECTNO>141.40</SECTNO> <SUBJECT>Trusteeships.</SUBJECT> <SECTNO>141.41</SECTNO> <SUBJECT>Surety on Customs bonds.</SUBJECT> <SECTNO>141.42</SECTNO> <SUBJECT>Protests.</SUBJECT> <SECTNO>141.43</SECTNO> <SUBJECT>Delegation to subagents.</SUBJECT> <SECTNO>141.44</SECTNO> <SUBJECT>Designation of Customs ports in which power of attorney is valid.</SUBJECT> <SECTNO>141.45</SECTNO> <SUBJECT>Certified copies of power of attorney.</SUBJECT> <SECTNO>141.46</SECTNO> <SUBJECT>Power of attorney retained by customhouse broker.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Quantity of Merchandise To Be Included In an Entry</HD> <SECTNO>141.51</SECTNO> <SUBJECT>Quantity usually required to be in one entry.</SUBJECT> <SECTNO>141.52</SECTNO> <SUBJECT>Separate entries for different portions.</SUBJECT> <SECTNO>141.53</SECTNO> <SUBJECT>Procedure for separate entries.</SUBJECT> <SECTNO>141.54</SECTNO> <SUBJECT>Separate entries for consolidated shipments.</SUBJECT> <SECTNO>141.55</SECTNO> <SUBJECT>Single entry summary for shipments arriving under one transportation entry.</SUBJECT> <SECTNO>141.56</SECTNO> <SUBJECT>Single entry summary for multiple transportation entries consigned to the same consignee.</SUBJECT> <SECTNO>141.57</SECTNO> <SUBJECT>Single entry for split shipments.</SUBJECT> <SECTNO>141.58</SECTNO> <SUBJECT>Single entry for separately arriving portions of unassembled or disassembled entities.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Presentation of Entry Papers</HD> <SECTNO>141.61</SECTNO> <SUBJECT>Completion of entry and entry summary documentation.</SUBJECT> <SECTNO>141.62</SECTNO> <SUBJECT>Place and time of filing.</SUBJECT> <SECTNO>141.63</SECTNO> <SUBJECT>Submission of entry summary documentation for preliminary review.</SUBJECT> <SECTNO>141.64</SECTNO> <SUBJECT>Review and correction of entry and entry summary documentation.</SUBJECT> <SECTNO>141.65</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>141.66</SECTNO> <SUBJECT>Bond for missing documents.</SUBJECT> <SECTNO>141.67</SECTNO> <SUBJECT>Recall of documentation.</SUBJECT> <SECTNO>141.68</SECTNO> <SUBJECT>Time of entry.</SUBJECT> <SECTNO>141.69</SECTNO> <SUBJECT>Applicable rates of duty.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Invoices</HD> <SECTNO>141.81</SECTNO> <SUBJECT>Invoice for each shipment.</SUBJECT> <SECTNO>141.82</SECTNO> <SUBJECT>Invoice for installment shipments arriving within a period of 10 days.</SUBJECT> <SECTNO>141.83</SECTNO> <SUBJECT>Type of invoice required.</SUBJECT> <SECTNO>141.84</SECTNO> <SUBJECT>Photocopies of invoice for separate entries of same shipment.</SUBJECT> <SECTNO>141.85</SECTNO> <SUBJECT>Pro forma invoice.</SUBJECT> <SECTNO>141.86</SECTNO> <SUBJECT>Contents of invoices and general requirements.</SUBJECT> <SECTNO>141.87</SECTNO> <SUBJECT>Breakdown on component materials.</SUBJECT> <SECTNO>141.88</SECTNO> <SUBJECT>Computed value.</SUBJECT> <SECTNO>141.89</SECTNO> <SUBJECT>Additional information for certain classes of merchandise.</SUBJECT> <SECTNO>141.90</SECTNO> <SUBJECT>Notation of tariff classification and value on invoice.</SUBJECT> <SECTNO>141.91</SECTNO> <SUBJECT>Entry without required invoice.</SUBJECT> <SECTNO>141.92</SECTNO> <SUBJECT>Waiver of invoice requirements.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart G—Deposit of Estimated Duties</HD> <SECTNO>141.101</SECTNO> <SUBJECT>Time of deposit.</SUBJECT> <SECTNO>141.102</SECTNO> <SUBJECT>When deposit of estimated duties, estimated taxes, or both not required.</SUBJECT> <SECTNO>141.103</SECTNO> <SUBJECT>Amount to be deposited.</SUBJECT> <SECTNO>141.104</SECTNO> <SUBJECT>Computation of duties.</SUBJECT> <SECTNO>141.105</SECTNO> <SUBJECT>Voluntary deposit of additional duties.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart H—Release of Merchandise</HD> <SECTNO>141.111</SECTNO> <SUBJECT>Carrier's release order.</SUBJECT> <SECTNO>141.112</SECTNO> <SUBJECT>Liens for freight, charges, or contribution in general average.</SUBJECT> <SECTNO>141.113</SECTNO> <SUBJECT>Recall of merchandise released from Customs and Border Protection custody.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>19 U.S.C. 66, 1414, 1448, 1484, 1624.<PRTPAGE P="6"/> </P> <P>Subpart F also issued under 19 U.S.C. 1481;</P> <P>Subpart G also issued under 19 U.S.C. 1505;</P> <P>Section 141.1 also issued under 11 U.S.C. 507(a)(7)(F), 31 U.S.C. 191, 192;</P> <P>Section 141.4 also issued under 19 U.S.C. 1202 (General Note 3(e); Chapter 86, Additional U.S. Note 1; Chapter 89, Additional U.S. Note 1; Chapter 98, Subchapter III, U.S. Notes 3 and 4; Harmonized Tariff Schedule of the United States), 1498;</P> <P>Section 141.19 also issued under 19 U.S.C. 1485, 1486;</P> <P>Section 141.20 also issued under 19 U.S.C. 1485, 1623;</P> <P>Section 141.66 also issued under 19 U.S.C. 1490, 1623;</P> <P>Section 141.68 also issued under 19 U.S.C. 1315;</P> <P>Section 141.69 also issued under 19 U.S.C. 1315;</P> <P>Section 141.88 also issued under 19 U.S.C. 1401a(d), 1402(f);</P> <P>Section 141.90 also issued under 19 U.S.C. 1487;</P> <P>Section 141.112 also issued under 19 U.S.C. 1564;</P> <P>Section 141.113 also issued under 19 U.S.C. 1499, 1623.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>T.D. 73-175, 38 FR 17447, July 2, 1973, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 141.0</SECTNO> <SUBJECT>Scope.</SUBJECT> <P>This part sets forth general requirements and procedures for the entry of imported merchandise, except entries under carnet, and entries for transportation in bond or exportation, for foreign-trade zones, or for trade fairs, which are covered in parts 114, 18, 146, and 147 of this chapter. More specific requirements and procedures in addition to those in this part are set forth in parts 143, 144, and 145 of this chapter for consumption, appraisement and informal entries, for warehouse entries, and for mail entries.</P> </SECTION> <SECTION> <SECTNO>§ 141.0a</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>Unless the context requires otherwise or a different definition is prescribed, the following terms shall have the meanings indicated when used in connection with the entry of merchandise:</P> <P>(a) <E T="03">Entry.</E> “Entry” means that documentation required by § 142.3 of this chapter to be filed with the appropriate Customs officer to secure the release of imported merchandise from Customs custody, or the act of filing that documentation. “Entry” also means that documentation required by § 181.53 of this chapter to be filed with Customs to withdraw merchandise from a duty-deferral program in the United States for exportation to Canada or Mexico or for entry into a duty-deferral program in Canada or Mexico.</P> <P>(b) <E T="03">Entry summary.</E> “Entry summary” means any other documentation necessary to enable Customs to assess duties, and collect statistics on imported merchandise, and determine whether other requirements of law or regulation are met.</P> <P>(c) <E T="03">Submission.</E> “Submission” means the voluntary delivery to the appropriate Customs officer of the entry summary documentation for preliminary review or of entry documentation for other purposes.</P> <P>(d) <E T="03">Filing.</E> “Filing” means:</P> <P>(1) The delivery to Customs of the entry documentation required by section 484(a), Tariff Act of 1930, as amended (19 U.S.C. 1484(a)), to obtain the release of merchandise, or</P> <P>(2) The delivery to Customs, together with the deposit of estimated duties, of the entry summary documentation required to assess duties, collect statistics, and determine whether other requirements of law and regulation are met, or</P> <P>(3) The delivery to Customs, together with the deposit of estimated duties, of the entry summary documentation which shall serve as both the entry and the entry summary.</P> <P>(e) <E T="03">Presentation.</E> “Presentation” is used only in connection with quota-class merchandise and is defined in § 132.1(d) of this chapter.</P> <P>(f) <E T="03">Entered for consumption.</E> “Entered for consumption” means that an entry summary for consumption has been filed with Customs in proper form, with estimated duties attached. “Entered for consumption” also means the necessary documentation has been filed with Customs to withdraw merchandise from a duty-deferral program in the United States for exportation to Canada or Mexico or for entry into a duty-deferral program in Canada or Mexico (see § 181.53 of this chapter).</P> <P>(g) <E T="03">Entered for warehouse.</E> “Entered for warehouse” means that an entry summary for warehouse has been filed with Customs in proper form.</P> <P>(h) <E T="03">Entered temporarily under bond.</E> “Entered temporarily under bond” <PRTPAGE P="7"/>means that an entry summary supporting a temporary importation under bond has been filed with Customs in proper form.</P> <P>(i) <E T="03">Released conditionally.</E> “Released conditionally” means any release from Customs custody before liquidation.</P> <CITA>[T.D. 79-221, 44 FR 46816, Aug. 9, 1979, as amended by T.D. 84-213, 49 FR 41184, Oct. 19, 1984; T.D. 96-14, 61 FR 2911, Jan. 30, 1996]</CITA> </SECTION> <SUBPART> <HD SOURCE="HED">Subpart A—Liability for Duties and Requirement To Enter Merchandise</HD> <SECTION> <SECTNO>§ 141.1</SECTNO> <SUBJECT>Liability of importer for duties.</SUBJECT> <P>(a) <E T="03">Time duties accrue.</E> Duties and the liability for their payment accrue upon imported merchandise on arrival of the importing vessel within a Customs port with the intent then and there to unlade, or at the time of arrival within the Customs territory of the United States if the merchandise arrives otherwise than by vessel, unless otherwise specially provided for by law.</P> <P>(b) <E T="03">Payment of duties</E>—(1) <E T="03">Personal debt of importer.</E> The liability for duties, both regular and additional, attaching on importation, constitutes a personal debt due from the importer to the United States which can be discharged only by payment in full of all duties legally accruing, unless relieved by law or regulation. Payment to a broker covering duties does not relieve the importer of liability if the duties are not paid by the broker. The liability may be enforced notwithstanding the fact that an erroneous construction of law or regulation may have enabled the importer to pass his goods through the customhouse without payment. Delivery of a Customs bond with an entry is solely to protect the revenue of the United States and does not relieve the importer of liabilities incurred from the importation of merchandise into the United States.</P> <P>(2) <E T="03">Means of payment.</E> An importer or his agent may pay Customs by using any of the applicable means provided in § 24.1(a).</P> <P>(3) <E T="03">Methods of payment.</E> An importer may pay duties either:</P> <P>(i) Directly to Customs whether or not a licensed customhouse broker is used; or</P> <P>(ii) Through a licensed customhouse broker. When an importer uses a broker and elects to pay by check or bank draft, the importer may issue the broker either:</P> <P>(A) One check or bank draft payable to the broker covering both duties and the broker's fees and charges, in which case the broker shall pay the duties to Customs on behalf of the importer, or</P> <P>(B) Separate checks or bank drafts, one covering duties payable to the “U.S. Customs Service,” for transmittal by the broker to Customs, and the other covering the broker's fees and charges. The importer's check or bank draft for duties shall be delivered to Customs by the broker.</P> <P>(c) <E T="03">Claim against estate of importer.</E> The claim of the Government for unpaid duties against the estate of a deceased or insolvent importer has priority over obligations to creditors other than the United States. To the extent that a broker or a surety pays duties on behalf of an importer which files for bankruptcy protection, the broker or surety shall be entitled to assume the priority status of Customs under section 507(a)(7) of the Bankruptcy Code for that portion of Customs claim which the surety or broker has paid.</P> <P>(d) <E T="03">Lien against merchandise.</E> The liability for duties also constitutes a lien upon the merchandise imported which may be enforced while such merchandise is in the custody or subject to the control of the United States.</P> <P>(e) <E T="03">States and their instrumentalities.</E> Neither the States nor their instrumentalities are entitled to any constitutional exemption from the payment of Customs duties.</P> <P>(f) <E T="03">Unordered merchandise.</E> There shall be no liability for the payment of duties on the part of anyone to whom merchandise is consigned without his authority, if he refuses it. Such merchandise shall be treated as unclaimed (see part 27 of this chapter).</P> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 82-134, 47 FR 32419, July 27, 1982; T.D. 92-58, 57 FR 27160, June 18, 1992; T.D. 97-82, 62 FR 51770, Oct. 3, 1997]</CITA> </SECTION> <SECTION> <PRTPAGE P="8"/> <SECTNO>§ 141.2</SECTNO> <SUBJECT>Liability for duties on reimportation.</SUBJECT> <P>Dutiable merchandise imported and afterwards exported, even though duty thereon may have been paid on the first importation, is liable to duty on every subsequent importation into the Customs territory of the United States, but this does not apply to the following:</P> <P>(a) Personal and household effects taken abroad by a resident of the United States and brought back on his return to this country (see § 148.31 of this chapter);</P> <P>(b) Professional books, implements, instruments, and tools of trade, occupation, or employment taken abroad by an individual and brought back on his return to this country (see § 148.53 of this chapter);</P> <P>(c) Automobiles and other vehicles taken abroad for noncommercial use (see § 148.32 of this chapter);</P> <P>(d) Metal boxes, casks, barrels, carboys, bags, quicksilver flasks or bottles, metal drums, or other substantial outer containers exported from the United States empty and returned as usual containers or coverings of merchandise, or exported filled with products of the United States and returned empty or as the usual containers or coverings of merchandise (see § 10.7(b), (c), (d), and (e) of this chapter);</P> <P>(e) Articles exported from the United States for repairs or alterations, which may be returned upon the payment of duty on the value of repairs or alterations at the rate or rates which would otherwise apply to the articles in their repaired or altered conditions (see § 10.8 of this chapter);</P> <P>(f) Articles exported for exhibition under certain conditions (see §§ 10.66 and 10.67 of this chapter);</P> <P>(g) Domestic animals taken abroad for temporary pasturage purposes and returned within 8 months (see § 10.74 of this chapter);</P> <P>(h) Articles exported under lease to a foreign manufacturer (see § 10.108 of this chapter); or</P> <P>(i) Any other reimported articles for which free entry is specifically provided.</P> </SECTION> <SECTION> <SECTNO>§ 141.3</SECTNO> <SUBJECT>Liability for duties includes liability for taxes.</SUBJECT> <P>The importer's liability for duties includes a liability for any internal revenue taxes which attach upon the importation of merchandise, unless otherwise provided by law or regulation.</P> </SECTION> <SECTION> <SECTNO>§ 141.4</SECTNO> <SUBJECT>Entry required.</SUBJECT> <P>(a) <E T="03">General.</E> All merchandise imported into the United States is required to be entered, unless specifically excepted.</P> <P>(b) <E T="03">Exceptions.</E> The following are the exceptions to the general rule:</P> <P>(1) The exemptions listed in General Note 3(e) to the Harmonized Tariff Schedule of the United States (HTSUS).</P> <P>(2) Vessels (not including vessels classified in headings 8903 and 8907 and subheadings 8905.90.10 and 8906.00.10 or in Chapter 98, HTSUS, such as under subheadings 9804.00.35 or 9813.00.35). See also Chapter 89, Additional U.S. Note 1, HTSUS.</P> <P>(3) Instruments of international traffic described in § 10.41a and § 10.41b(b) of this chapter, under the conditions provided for in those sections. See also Chapter 98, Subpart III, U.S. Notes 3 and 4, HTSUS.</P> <P>(4) Railway locomotives classified in heading 8601 or 8602, HTSUS, and freight cars classified in heading 8606, HTSUS, on which no duty is owed (see paragraph (d) of this section). See Chapter 86, Additional U.S. Note 1, HTSUS; see also 19 CFR part 123 for reporting requirements for railway equipment brought into the United States from Canada or Mexico.</P> <P>(c) <E T="03">Undeliverable articles.</E> The exemption from entry for undeliverable articles under General Note 3(e), HTSUS, is subject to the following conditions:</P> <P>(1) The person claiming the exemption must submit a certification (documentary or electronic) that:</P> <P>(i) The merchandise was intended to be exported to a foreign country;</P> <P>(ii) The merchandise is being returned within 45 days of departure from the United States;</P> <P>(iii) The merchandise did not leave the custody of the carrier or foreign customs;</P> <P>(iv) The merchandise is being returned to the United States because it <PRTPAGE P="9"/>was undeliverable to the foreign consignee; and</P> <P>(v) The merchandise was not sent abroad to receive benefit from, or fulfill obligations to, the United States as a result of exportation.</P> <P>(2) Upon request by CBP, the person claiming the exemption shall provide evidence required to support the claim for exemption.</P> <P>(d) <E T="03">Railway locomotives and freight cars.</E> For railway locomotives and freight cars described in Additional U.S. Note 1 of Chapter 86, HTSUS, to be excepted and released in accordance with paragraph (b)(4) of this section, the importer must first file a bond on CBP Form 301, containing the bond conditions set forth in either § 113.62 or 113.64 of this chapter.</P> <P>(e) <E T="03">Informal entry.</E> Merchandise qualifying for informal entry by regulation, pursuant to 19 U.S.C. 1498, is exempt from formal entry under 19 U.S.C. 1484 and this part, but must be entered as required under applicable regulations (see part 143, subpart C, and §§ 10.151 through 10.153, 128.24, 145.31, 145.32, 148.12, 148.13, 148.51, and 148.62 of this chapter).</P> <CITA>[T.D. 94-51, 59 FR 30295, June 13, 1994]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> citations affecting § 141.4, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at <E T="03">www.fdsys.gov</E>.</P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 141.5</SECTNO> <SUBJECT>Time limit for entry.</SUBJECT> <P>Merchandise for which entry is required will be entered within 15 calendar days after landing from a vessel, aircraft or vehicle, or after arrival at the port of destination in the case of merchandise transported in bond. Merchandise for which timely entry is not made will be treated in accordance with § 4.37 or § 122.50 or § 123.10 of this chapter.</P> <CITA>[T.D. 02-65, 67 FR 68035, Nov. 8, 2002]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Right To Make Entry and Declarations on Entry</HD> <SECTION> <SECTNO>§ 141.11</SECTNO> <SUBJECT>Evidence of right to make entry for importations by common carrier.</SUBJECT> <P>(a) <E T="03">Merchandise not released directly to carrier.</E> Except where merchandise is released directly to the carrier in accordance with paragraph (b) of this section, one of the following types of evidence of the right to make entry shall be filed in connection with the entry of merchandise imported by common carrier:</P> <P>(1) A bill of lading or air waybill, presented by the holder thereof, properly endorsed when endorsement is required under the law. A nonnegotiable bill of lading, or air waybill, may not be endorsed by the named consignee to give someone else the right to make entry. If the person making entry intends to use the original bill of lading or air waybill to obtain a duplicate bill of lading, duplicate air waybill, or carrier's certificate from the carrier, the exchange shall be made before the entry is filed, and the duplicate bill of lading, duplicate air waybill, or carrier's certificate shall be used to make entry in accordance with paragraph (a) (3) or (4) of this section. For purposes of this part, the rights of the consignor relating to an air waybill as prescribed by the Warsaw Convention (49 Stat. 3017) shall be protected.</P> <P>(2) An extract from a bill of lading or air waybill certified to be genuine by the carrier bringing the merchandise to the port of entry. Customs officers shall not certify extracts from bills of lading or air waybills.</P> <P>(3) A certified duplicate bill of lading or air waybill, with the carrier's certificate being in substantially the following form:</P> <EXTRACT> <HD SOURCE="HD1">Duplicate Bill Of Lading or Air Waybill Certificate</HD> <FP SOURCE="FRP">_____, 19—</FP> <P>The undersigned carrier, bringing the within-described merchandise to this port, hereby certifies that this signed copy of the bill of lading or air waybill is genuine and may be used for the purpose of making Customs entry as provided for in section 484(i), Tariff Act of 1930.</P> <HALFDASH/> <FP SOURCE="FRP">(Name of carrier)</FP> <HALFDASH/> <FP SOURCE="FRP">(Agent)</FP> </EXTRACT> <P>(4) A carrier's certificate, which may be executed on the official entry form, or, in appropriate cases, by means of a rubber-stamped or typewritten combined carrier's certificate and release order with one signature on a copy of <PRTPAGE P="10"/>the bill of lading, airway bill, shipping receipt, or other comparable document. The rubber-stamped or typewritten certificate shall be in substantially the following form, which may be varied to include any of the qualifications on release shown in § 141.111(d): </P> <EXTRACT> <FP SOURCE="FRP">Date ______</FP> <P>The undersigned carrier, to whom or upon whose order the articles described herein or in the attached document must be released, hereby certifies that the consignee named in this document is the owner or consignee of such articles within the purview of section 484(h), Tariff Act of 1930. In accordance with the provisions of section 484(j), Tariff Act of 1930, authority is hereby given to release the articles covered by the aforementioned statement to such consignee. </P> <HALFDASH/> <FP SOURCE="FRP">(Name of carrier)</FP> <HALFDASH/> <FP SOURCE="FRP">(Agent)</FP> </EXTRACT> <P>(5) A blanket carrier's release order on an appropriately modified bill of lading or air waybill covering any or all shipments which will arrive at the port on the carrier's conveyance during the period specified in the release order.</P> <P>(6) A shipping receipt or other document presented in lieu of a bill of lading or air waybill shall be accepted as authority for making entry only if it bears a carrier's certificate in accordance with paragraph (a)(4) of this section, or if entry is made by the actual consignee in person or in his name by a duly authorized agent.</P> <P>(b) <E T="03">Merchandise released directly to carrier.</E> Where, in accordance with subsection (j) of section 484, Tariff Act of 1930, as amended (19 U.S.C. 1484), merchandise is released from Customs custody (either under immediate delivery procedures in accordance with the provisions of subpart C of part 142 of this chapter, or after an entry has been filed in accordance with subpart A of part 142 of this chapter, or after an entry summary, which shall serve as both the entry and entry summary has been filed with estimated duties attached where appropriate in accordance with subpart B of part 142 of this chapter), to the carrier by whom the merchandise was brought to the port, the delivery of the merchandise by the carrier to the person filing the entry summary with estimated duties attached shall be deemed to be the certification required by subsection (h), section 484, Tariff Act of 1930. Customs responsibility under this optional entry procedure is limited to the collection of duties, and constitutes no representation whatsoever regarding the right of any person to obtain possession of the merchandise from the carrier. Consequently, no Customs official shall be liable to any person in respect to the delivery of merchandise released from Customs custody in accordance with the provisions of this paragraph.</P> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 78-394, 43 FR 49787, Oct. 25, 1978; T.D. 82-224, 47 FR 53727, Nov. 29, 1982; T.D. 87-75, 52 FR 20068, May 29, 1987; T.D. 90-87, 55 FR 47052, Nov. 9, 1990; T.D. 97-82, 62 FR 51770, Oct. 3, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.12</SECTNO> <SUBJECT>Right to make entry of importations by other than common carrier.</SUBJECT> <P>When merchandise is not imported by a common carrier, possession of the merchandise at the time of arrival in the United States shall be deemed sufficient evidence of the right to make entry.</P> </SECTION> <SECTION> <SECTNO>§ 141.13</SECTNO> <SUBJECT>Right to make entry of abandoned or salvaged merchandise.</SUBJECT> <P>Underwriters of abandoned merchandise or salvors of merchandise saved from a wreck who are unable to produce a bill of lading, air waybill, certified duplicate bill of lading or air waybill, or carrier's certificate, shall produce evidence satisfactory to the port director of their right to act.</P> <CITA>[T.D. 78-394, 43 FR 49787, Oct. 25, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.14</SECTNO> <SUBJECT>Deceased or insolvent consignees and court-appointed administrators.</SUBJECT> <P>The executor or administrator of the estate of a deceased consignee, the receiver or other legal representative of an insolvent consignee, or the representative appointed in any action or proceeding at law to act for a consignee shall not be permitted to make entry unless he produces a duly endorsed bill of lading or air waybill, a carrier's certificate, or a duplicate bill of lading or air waybill, executed in accordance with subsections (h) or (i) of <PRTPAGE P="11"/>section 484, Tariff Act of 1930, as amended (19 U.S.C. 1484), showing him to be the consignee for Customs purposes.</P> <CITA>[T.D. 78-394, 43 FR 49787, Oct. 25, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.15</SECTNO> <SUBJECT>Bond for production of bill of lading or air waybill.</SUBJECT> <P>(a) <E T="03">When appropriate.</E> If the person desiring to make entry is unable to present a bill of lading, air waybill, or other evidence of right to make entry in accordance with § 141.11, the port director may accept a bond for the production of a bill of lading or air waybill under the provisions of section 484(c), Tariff Act of 1930, as amended (19 U.S.C. 1484(c)). The bond shall be for the production of a bill of lading or air waybill, unless the person making entry intends to produce a carrier's certificate or certified duplicate bill of lading or air waybill. In that case, no bond is required because section 484(c) does not apply to entries made on a carrier's certificate or certified duplicate bill of lading or air waybill. If the port director is in doubt as to the propriety of accepting entry on a bond for the production of a bill of lading or air waybill, he shall request authority to do so from the Commissioner of Customs.</P> <P>(b) <E T="03">Form.</E> The bond shall be on Customs Form 301 and contain the bond conditions set forth in § 113.69 of this chapter.</P> <P>(c) <E T="03">Documents acceptable to satisfy bond.</E> A bond given for the production of a bill of lading or air waybill shall be considered as canceled upon production of a bill of lading or air waybill, and may be considered as satisfied but shall not be canceled upon the production of a carrier's certificate or certified duplicate bill of lading or air waybill.</P> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 78-394, 43 FR 49788, Oct. 25, 1978; T.D. 84-213, 49 FR 41184, Oct. 19, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.16</SECTNO> <SUBJECT>Disposition of documents.</SUBJECT> <P>(a) <E T="03">Bill of lading or air waybill.</E> When the return of the bill of lading or air waybill to the person making entry is requested in accordance with section 484(j), Tariff Act of 1930, as amended (19 U.S.C. 1484(j)), the port director shall obtain a receipt showing sufficient data from the bill of lading or air waybill to completely identify it and enable the auditor to verify the production of proper evidence of the right to make entry. The receipt shall also show any freight charges and weights that appear on the bill of lading or air waybill. The port director shall then return the bill of lading or air waybill to the person making entry with a notation thereon to the effect that entry has been made for the merchandise.</P> <P>(b) <E T="03">Other documents.</E> When any of the other documents specified in § 141.11(a) (2) through (6) is used in making entry, it shall be retained by the port director as evidence that the person making entry is authorized to do so.</P> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 78-394, 43 FR 49788, Oct. 25, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.17</SECTNO> <SUBJECT>Entry by nonresident consignee.</SUBJECT> <P>A nonresident consignee has the right to make entry, but any bond taken in connection with the entry shall have a resident corporate surety or, when a carnet issued under part 114 of this chapter is used as an entry form, an approved resident guaranteeing association.</P> </SECTION> <SECTION> <SECTNO>§ 141.18</SECTNO> <SUBJECT>Entry by nonresident corporation.</SUBJECT> <P>A nonresident corporation (<E T="03">i.e.</E>, one which is not incorporated within the customs territory of the United States or in the Virgin Islands of the United States) may not enter merchandise for consumption unless it:</P> <P>(a) Has a resident agent in the State where the port of entry is located who is authorized to accept service of process against that corporation or, in the case of an entry filed from a remote location pursuant to subpart E of part 143 of this chapter, has a resident agent authorized to accept service of process against that corporation either in the State where the port of entry is located or in the State from which the remote location filing originates; and</P> <P>(b) Files a bond on CBP Form 301, containing the bond conditions set forth in § 113.62 of this chapter having a resident corporate surety to secure the <PRTPAGE P="12"/>payment of any increased and additional duties which may be found due.</P> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 84-213, 49 FR 41184, Oct. 19, 1984; CBP Dec. 09-47, 74 FR 69018, Dec. 30, 2009]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.19</SECTNO> <SUBJECT>Declaration of entry.</SUBJECT> <P>(a) <E T="03">Declaration by consignee.</E> The consignee in whose name an entry is made under the provisions of section 484, Tariff Act of 1930, as amended (19 U.S.C. 1484), shall execute the declaration specified in section 485(a), Tariff Act of 1930, as amended (19 U.S.C. 1485(a)) on:</P> <P>(1) The entry summary for merchandise entered for consumption, for warehouse, or for temporary importation under bond, or</P> <P>(2) The rewarehouse or the bonded manufacturing warehouse entry.</P> <FP>The declaration need not be under oath. When the consignee is a partnership, any partner may execute the declaration, and when the consignee is a corporation any officer of the corporation may execute the declaration.</FP> <P>(b) <E T="03">Declaration by agent of consignee</E>—(1) <E T="03">Authorized agent with knowledge of the facts.</E> When entry is made in a consignee's name by an agent who has knowledge of the facts and who is authorized under a proper power of attorney by that consignee to make declarations in accordance with section 485(f), Tariff Act of 1930, as amended (19 U.S.C. 1485(f)), a declaration on the entry or entry summary executed by that agent is sufficient and no bond to produce a declaration of the consignee is required.</P> <P>(2) <E T="03">Other agents.</E> When entry is made in a consignee's name by an agent who does not meet the qualifications in paragraph (b)(1) of this section either:</P> <P>(i) A declaration of the consignee on Customs Form 3347-A shall be filed with the entry documentation or entry summary or</P> <P>(ii) A charge for the production of the declaration shall be made against the bond on Customs Form 301, containing the bond conditions set forth in § 113.62 of this chapter. No separate bond of the agent shall be required, since a charge against the bond on Customs Form 301, containing the bond conditions set forth in § 113.62 of this chapter satisfies the requirements of section 485(c), Tariff Act of 1930, as amended (19 U.S.C. 1485(c)).</P> <P>(3) <E T="03">Nominal consignee.</E> A nominal consignee who makes entry in his own name is not considered an agent within the purview of section 485(c), Tariff Act of 1930, as amended (19 U.S.C. 1485(c)), and he shall execute a declaration in accordance with paragraph (a) of this section.</P> <P>(c) <E T="03">Books, newspapers, and periodicals.</E> In the case of successive importations of books, magazines, newspapers, and periodicals within the scope of section 485(b), Tariff Act of 1930, as amended (19 U.S.C. 1485(b)), one declaration filed at the time of arrival of the first importation will be sufficient.</P> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 79-221, 44 FR 46816, June 4, 1979; T.D. 84-213, 49 FR 41184, Oct. 19, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.20</SECTNO> <SUBJECT>Actual owner's declaration and superseding bond of actual owner.</SUBJECT> <P>(a) <E T="03">Filing</E>—(1) <E T="03">Declaration of owner.</E> A consignee in whose name an entry summary for consumption, warehouse, or temporary importation under bond is filed, or in whose name a rewarehouse entry or a manufacturing warehouse entry is made, and who desires, under the provisions of section 485(d), Tariff Act of 1930, as amended (19 U.S.C. 1485(d)), to be relieved from statutory liability for the payment of increased and additional duties shall declare at the time of the filing of the entry summary or entry documentation, as provided in § 141.19(a), that he is not the actual owner of the merchandise, furnish the name and address of the owner, and file with the port director within 90 days from the time of entry (see § 141.68) a declaration of the actual owner of the merchandise acknowledging that the actual owner will pay all additional and increased duties. The declaration of owner shall be filed on Customs Form 3347.</P> <P>(2) <E T="03">Bond of actual owner.</E> If the consignee desires to be relieved from contractual liability for the payment of increased and additional duties voluntarily assumed by him under the single-entry bond which he filed in connection with the entry documentation and/or entry summary, or under his <PRTPAGE P="13"/>continuous bond against which the entry and/or entry summary is charged, he shall file a bond of the actual owner on Customs Form 301, containing the bond conditions set forth in § 113.62 of this chapter, with the port director within 90 days from the time of entry.</P> <P>(b) <E T="03">Appropriate party to execute and file.</E> Neither the declaration of the actual owner nor the bond of the actual owner shall be accepted unless executed by the actual owner or his duly authorized agent, and filed by the nominal consignee or his duly authorized agent.</P> <P>(c) <E T="03">Nonresident actual owner.</E> If the actual owner is a nonresident, the actual owner's declaration shall not be accepted as compliance with section 485(d), Tariff Act of 1930, as amended (19 U.S.C. 1485(d)), unless there is filed therewith the owner's bond on Customs Form 301, containing the bond conditions set forth in § 113.62 of this chapter, with a resident corporate surety.</P> <P>(d) <E T="03">Filing of declaration of owner for purposes other than relief from liability.</E> Nothing in this section shall be construed to prevent the nominal consignee from filing the actual owner's declaration without the superseding bond for purposes other than relief from statutory liability for the payment of increased and additional duties under the provisions of section 485(d), Tariff Act of 1930, as amended (19 U.S.C. 1485(d)).</P> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 74-212, 39 FR 28420, Aug. 7, 1974; T.D. 79-221, 44 FR 46816, Aug. 9, 1979; T.D. 84-213, 49 FR 41184, Oct. 19, 1984]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Powers of Attorney</HD> <SECTION> <SECTNO>§ 141.31</SECTNO> <SUBJECT>General requirements and definitions.</SUBJECT> <P>(a) <E T="03">Limited or general power of attorney.</E> A power of attorney may be executed for the transaction by an agent or attorney of a specified part or all the Customs business of the principal.</P> <P>(b) [Reserved]</P> <P>(c) <E T="03">Minor agents.</E> A power of attorney to a minor shall not be accepted.</P> <P>(d) <E T="03">Definitions of resident and nonresident.</E> For the purposes of this subpart, “resident” means an individual who resides within, or a partnership one or more of whose partners reside within, the Customs territory of the United States or the Virgin Islands of the United States, or a corporation incorporated in any jurisdiction within the Customs territory of the United States or in the Virgin Islands of the United States. A “nonresident” means an individual, partnership, or corporation not meeting the definition of “resident.”</P> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 84-93, 49 FR 17754, Apr. 25, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.32</SECTNO> <SUBJECT>Form for power of attorney.</SUBJECT> <P>Customs Form 5291 may be used for giving power of attorney to transact Customs business. If a Customs power of attorney is not on a Customs Form 5291, it shall be either a general power of attorney with unlimited authority or a limited power of attorney as explicit in its terms and executed in the same manner as a Customs Form 5291. The following is an example of an acceptable general power of attorney with unlimited authority:</P> <EXTRACT> <HD SOURCE="HD3">KNOW ALL MEN BY THESE PRESENTS, THAT</HD> <FP>______________________</FP> <P SOURCE="P2">(Name of principal)</P> <FP>____________________ ,</FP> <P SOURCE="P-DASH">(State legal designation, such as corporation, individual, etc.) residing at _______________ and doing business under the laws of the State of ______, hereby appoints</P> <FP SOURCE="FP-DASH"/> <P>(Name, legal designation, and address)</P> <FP>as a true and lawful agent and attorney of the principal named above with full power and authority to do and perform every lawful act and thing the said agent and attorney may deem requisite and necessary to be done for and on behalf of the said principal without limitation of any kind as fully as said principal could do if present and acting, and hereby ratify and confirm all that said agent and attorney shall lawfully do or cause to be done by virtue of these presents until and including ______, (date) or until notice of revocation in writing is duly given before that date.</FP> <P>Date __________, 19__;.</P> <P SOURCE="P-DASH"/> <FP SOURCE="FRP">(Principal's signature)</FP> </EXTRACT> </SECTION> <SECTION> <PRTPAGE P="14"/> <SECTNO>§ 141.33</SECTNO> <SUBJECT>Alternative form for noncommercial shipment.</SUBJECT> <P>An individual (but not a partnership, association, or corporation) who is not a regular importer may appoint another individual as his unpaid agent for Customs purposes by executing a power of attorney applicable to a single noncommercial shipment by writing, printing, or stamping on the invoice, or on a separate paper attached thereto, the following statement: </P> <EXTRACT> <FP>_____________; of</FP> <P SOURCE="P2">(Name)</P> <FP SOURCE="FP-DASH"/> <P SOURCE="P2">(Address)</P> <FP>is hereby authorized to execute, as an unpaid agent who has knowledge of the facts, pursuant to the provisions of section 485(f), Tariff Act of 1930, as amended, the consignee's and owner's declarations provided for in section 485 (a) and (d), Tariff Act of 1930, as amended, and to enter on my behalf or for my account the goods described in the attached invoice which contains a true and complete statement of the facts concerning the shipment.</FP> <P>Date _________, 19__.</P> <P SOURCE="P-DASH"/> <FP SOURCE="FRP">(Signature of importer)</FP> <HALFDASH/> <FP SOURCE="FRP">(Address)</FP> </EXTRACT> </SECTION> <SECTION> <SECTNO>§ 141.34</SECTNO> <SUBJECT>Duration of power of attorney.</SUBJECT> <P>Powers of attorney issued by a partnership shall be limited to a period not to exceed 2 years from the date of execution. All other powers of attorney may be granted for an unlimited period.</P> <CITA>[T.D. 84-93, 49 FR 17754, Apr. 25, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.35</SECTNO> <SUBJECT>Revocation of power of attorney.</SUBJECT> <P>Any power of attorney shall be subject to revocation at any time by written notice given to and received by the port director.</P> </SECTION> <SECTION> <SECTNO>§ 141.36</SECTNO> <SUBJECT>Nonresident principals in general.</SUBJECT> <P>A power of attorney executed by a nonresident principal shall not be accepted unless the agent designated thereby is a resident and is authorized to accept service of process against such nonresident.</P> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 84-93, 49 FR 17754, Apr. 25, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.37</SECTNO> <SUBJECT>Additional requirements for nonresident corporations.</SUBJECT> <P>If a nonresident corporation has not qualified to conduct business under state law in the state in which Customs district the agent is empowered to perform the delegated authority, the power of attorney shall be supported by documentation establishing the authority of the grantor designated to execute the power of attorney on behalf of the corporation.</P> <CITA>[T.D. 84-93, 49 FR 17754, Apr. 25, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.38</SECTNO> <SUBJECT>Resident corporations.</SUBJECT> <P>A power of attorney shall not be required if the person signing Customs documents on behalf of a resident corporation is known to the port director to be the president, vice president, treasurer, or secretary of the corporation. When a power of attorney is required for a resident corporation, it shall be executed by a person duly authorized to do so.</P> <CITA>[T.D. 84-93, 49 FR 17754, Apr. 25, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.39</SECTNO> <SUBJECT>Partnerships.</SUBJECT> <P>(a)(1) <E T="03">General.</E> A power of attorney granted by a partnership shall state the names of all members of the partnership. One member of the partnership may execute a power of attorney in the name of the partnership for the transaction of all its Customs business.</P> <P>(2) <E T="03">Limited partnership.</E> A power of attorney granted by a limited partnership need only state the names of the general partners who have authority to bind the firm unless the partnership agreement provides otherwise. A copy of the partnership agreement must accompany the power of attorney. For this purpose, a partnership or limited partnership means any business association recognized as such under the laws of the state where the association is organized.</P> <P>(b) <E T="03">Change in partners.</E> When a new firm is formed by a change in membership, no power of attorney filed by the antecedent firm shall thereafter be recognized for any Customs purpose.</P> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 86-204, 51 FR 42999, Nov. 28, 1986]</CITA> </SECTION> <SECTION> <PRTPAGE P="15"/> <SECTNO>§ 141.40</SECTNO> <SUBJECT>Trusteeships.</SUBJECT> <P>A trustee may execute a power of attorney for the transaction of Customs business incident to the trusteeship.</P> </SECTION> <SECTION> <SECTNO>§ 141.41</SECTNO> <SUBJECT>Surety on Customs bonds.</SUBJECT> <P>Powers of attorney to sign as surety on Customs bonds are subject to the requirements set forth in part 113 of this chapter.</P> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 74-227, 39 FR 32023, Sept. 4, 1974]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.42</SECTNO> <SUBJECT>Protests.</SUBJECT> <P>Powers of attorney to file protests are subject to the requirements set forth in § 174.3 of this chapter.</P> </SECTION> <SECTION> <SECTNO>§ 141.43</SECTNO> <SUBJECT>Delegation to subagents.</SUBJECT> <P>(a) <E T="03">Resident principals.</E> Except as otherwise provided for in paragraph (c) of this section, the holder of a power of attorney for a resident principal cannot appoint a subagent except for the purpose of executing shippers' export declarations. A subagent so appointed cannot delegate his power.</P> <P>(b) <E T="03">Nonresident principals.</E> Except as otherwise provided for in paragraph (c) of this section, an agent who has power of attorney for a nonresident principal may execute a power of attorney delegating authority to a subagent only if the original power of attorney contains express authority from the principal for the appointment of a subagent or subagents. Any subagent so appointed must be a resident authorized to accept service of process in accordance with § 141.36.</P> <P>(c) <E T="03">Customhouse brokers.</E> A power of attorney executed in favor of a licensed customhouse broker may specify that the power of attorney is granted to the broker to act through any of its licensed officers or authorized employees as provided in part 111 of this chapter.</P> </SECTION> <SECTION> <SECTNO>§ 141.44</SECTNO> <SUBJECT>Designation of Customs ports in which power of attorney is valid.</SUBJECT> <P>Unless a power of attorney specifically authorizes the agent to act thereunder at all Customs ports, the name of each port where the agent is authorized to act thereunder shall be stated in the power of attorney. The power of attorney shall be filed with any port director, in a sufficient number of copies for distribution to each port where the agent is to act, unless exempted from filing by § 141.46. The port director with whom a power of attorney is filed, irrespective of whether his port is named therein, shall approve it, if it is in the correct form and the provisions of this subpart are complied with, and forward any copies intended for other ports as appropriate.</P> </SECTION> <SECTION> <SECTNO>§ 141.45</SECTNO> <SUBJECT>Certified copies of power of attorney.</SUBJECT> <P>Upon request of a party in interest, a port director having on file an original power of attorney document (which is not limited to transactions in a specific Customs location) will forward a certified copy of the document to another port director.</P> <CITA>[T.D. 95-77, 60 FR 50020, Sept. 27, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.46</SECTNO> <SUBJECT>Power of attorney retained by customhouse broker.</SUBJECT> <P>Before transacting Customs business in the name of his principal, a customhouse broker is required to obtain a valid power of attorney to do so. He is not required to file the power of attorney with a port director. Customhouse brokers shall retain powers of attorney with their books and papers, and make them available to representatives of the Department of the Treasury as provided in subpart C of part 111 of this chapter.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Quantity of Merchandise To Be Included in an Entry</HD> <SECTION> <SECTNO>§ 141.51</SECTNO> <SUBJECT>Quantity usually required to be in one entry.</SUBJECT> <P>All merchandise arriving on one conveyance and consigned to one consignee must be included on one entry, except as provided in § 141.52. In addition, a shipment of merchandise that arrives by separate conveyances at the same port of entry in multiple portions, either as a shipment split by the carrier or as components of a large unassembled or disassembled entity, may be processed under a single entry, as prescribed, respectively, in §§ 141.57 and 141.58.</P> <CITA>[CBP Dec. 06-11, 71 FR 31925, June 2, 2006]</CITA> </SECTION> <SECTION> <PRTPAGE P="16"/> <SECTNO>§ 141.52</SECTNO> <SUBJECT>Separate entries for different portions.</SUBJECT> <P>If the port director is satisfied that there will be no prejudice to: Import admissibility enforcement efforts; the revenue; and the efficient conduct of Customs business, separate entries may be made for different portions of all merchandise arriving on one vessel or vehicle and consigned to one consignee under any of the following circumstances:</P> <P>(a) Each portion of a consolidated shipment addressed to one consignee for various ultimate consignees may be entered separately under the procedure set forth in § 141.54.</P> <P>(b) One or more of the enclosed packages in a packaged package may be entered separately under any appropriate form of formal or informal entry. No entry is required for an enclosed package which contains merchandise unconditionally free of duty and not exceeding $250 in value. A packed package is an outer package in which are contained inner packages addressed for delivery to two or more different persons, as described in section 484(f), Tariff Act of 1930, as amended (19 U.S.C. 1484(f)). Each outer container shall be marked to indicate that it is a packed package.</P> <P>(c) The consignee desires to enter different portions under different forms of entry, for transportation to different ports of entry, or for warehousing in separate warehouses.</P> <P>(d) Appraisement is being withheld upon merchandise of the class or kind for which a separate entry is tendered.</P> <P>(e) The several portions of the consignment for which separate entries are tendered are covered by separate bills of lading.</P> <P>(f) The consignment consists of different classes of merchandise which are to be processed by different Customs commodity specialist teams.</P> <P>(g) The consignment contains merchandise subject to entry under a bond given to assure accounting for final disposition, such as a temporary importation under bond.</P> <P>(h) The consignment consists of different importations which arrived under a consolidated entry for immediate transportation made pursuant to § 18.11(g) of this chapter.</P> <P>(i) A special application is submitted to the Commissioner of Customs with the recommendation of the port director concerned and is approved by the Commissioner.</P> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 84-171, 49 FR 31253, Aug. 3, 1984; T.D. 84-213, 49 FR 41184, Oct. 19, 1984; T.D. 85-38, 50 FR 8723, Mar. 5, 1985]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.53</SECTNO> <SUBJECT>Procedure for separate entries.</SUBJECT> <P>When separate entries for one consignment are made in accordance with § 141.52 (b) through (i), the following procedures shall apply:</P> <P>(a) The entries shall be presented simultaneously when practicable.</P> <P>(b) A separate consignee's declaration shall be filed for each entry.</P> <P>(c) Each entry shall cover whole packages or not less than 1 ton of bulk merchandise, except when a portion of the merchandise is entered under a temporary importation bond in accordance with Chapter 98, Subchapter XIII, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202).</P> <P>(d) When separate entries are made for merchandise covered by a single bill of lading or air waybill, the provisions of § 141.54 shall be complied with, except that the endorsement on the bill of lading or air waybill required by § 141.54(b) shall read as follows: </P> <EXTRACT> <P>As portions of the within-described merchandise will be covered by separate entries, the undersigned consignee expressly waives the right granted by section 484(j), Tariff Act of 1930, as amended, to have this bill of lading or air waybill returned.</P> </EXTRACT> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 78-394, 43 FR 49788, Oct. 25, 1978; T.D. 89-1, 53 FR 51256, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.54</SECTNO> <SUBJECT>Separate entries for consolidated shipments.</SUBJECT> <P>When separate entries for consolidated shipments are made in accordance with § 141.52(a), the following procedures shall apply except where the merchandise is released directly to the carrier in accordance with § 141.11(b):</P> <P>(a) <E T="03">Deposit of evidence of right to make entry.</E> The nominal consignee of a consolidated shipment covering merchandise for various ultimate consignees who desire to make separate entries <PRTPAGE P="17"/>shall deposit with the port director evidence of the right to make entry as set forth in § 141.11(a), and such evidence shall be permanently retained by the port director.</P> <P>(b) <E T="03">Waiver of right to have bill of lading or air waybill returned.</E> If a bill of lading or air waybill is filed, it shall contain the following endorsement signed by the consignee named therein: </P> <EXTRACT> <P>As the within-described merchandise belongs to various ultimate consignees who desire to make separate entries therefor, the undersigned consignee thereof hereby expressly waives the right granted by section 484(j), Tariff Act of 1930, as amended, to have this bill of lading or air waybill returned.</P> </EXTRACT> <P>(c) <E T="03">Certificate by nominal consignee.</E> Except when an authority to make entry for a portion of a consolidated shipment is executed on the entry form in the space provided, at the time of depositing the bill of lading, air waybill, or other document, the named consignee shall produce a certificate prepared and signed by him for each portion of the shipment for which separate entry is desired. The authority to make entry carried by such a certificate may be transferred by endorsement. The certificate shall be in the following form: </P> <EXTRACT> <FP SOURCE="FRP">Port of ______</FP> <FP SOURCE="FRP">____________, 19__</FP> <HD SOURCE="HD1">Authority To Make Entry</HD> <P>Of merchandise imported at ____________, 19__, per ______, from ______ shipped by ______, consigned to ______, endorsed to ______, covered by <SU>1</SU> <FTREF/>______ dated ______, 19__, at ______ on file with the port director at ______.</P> </EXTRACT> <FTNT> <P> <SU>1</SU> Insert “bill of lading,” “air waybill,” “certified duplicate bill of lading,” “certified duplicate air waybill,” “carrier's certificate,” or “shipping receipt.”</P> </FTNT> <GPOTABLE CDEF="xls18,xls30,r10" COLS="3" OPTS="L2"> <BOXHD> <CHED H="1">Marks</CHED> <CHED H="1">Numbers</CHED> <CHED H="1">Description</CHED> </BOXHD> <ROW> <ENT I="22"/> </ROW> <ROW> <ENT I="22"/> </ROW> <ROW> <ENT I="22"/> </ROW> <ROW> <ENT I="22"/> </ROW> </GPOTABLE> <EXTRACT> <P>(We) (I) ____________, the consignee(s) in the above-mentioned document covering merchandise for various ultimate consignees, hereby authorize ______ or order to make Customs entry for the above described merchandise.</P> <HALFDASH/> <FP SOURCE="FRP">(Consignee(s))</FP> </EXTRACT> <P>(d) <E T="03">Verification of certificate.</E> When a certificate on a separate document as described in paragraph (c) of this section is presented, it shall be compared with the supporting document and after being initialed by the ministerial clerk shall be returned to the consignee for transmittal to the person who will make entry. When an entry is received having executed in the space provided thereon an authority to make entry for a portion of a consolidated shipment, such authority shall be compared with the supporting document.</P> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 78-394, 43 FR 49788, Oct. 25, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.55</SECTNO> <SUBJECT>Single entry summary for shipments arriving under one transportation entry.</SUBJECT> <P>Except for merchandise subject to a quantitative or tariff-rate quota, port directors are authorized to accept one entry summary for consumption or for warehouse for the entire quantity of merchandise covered by an entry for immediate transportation after the arrival of any part of the merchandise at the port of destination or at a place of deposit outside the port as may be authorized in accordance with § 18.11(c) of this chapter.</P> <CITA>[T.D. 79-221, 44 FR 46817, Aug. 9, 1979]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.56</SECTNO> <SUBJECT>Single entry summary for multiple transportation entries consigned to the same consignee.</SUBJECT> <P>(a) <E T="03">Requirement.</E> Port directors may accept one entry summary for consumption or for warehouse for merchandise covered by multiple entries for immediate transportation, subject to the requirements of § 142.17(a) of this chapter, provided the merchandise covered by each immediate transportation entry is released at the port of destination under a separate entry, in accordance with § 142.3 of this chapter.</P> <P>(b) <E T="03">Limitation.</E> A single entry summary for multiple transportation entries shall not be accepted for any merchandise listed in § 142.17(b) of this chapter.<PRTPAGE P="18"/> </P> <P>(c) <E T="03">Information on the entry summary.</E> Each entry for immediate transportation shall be identified separately on the entry summary by the immediate transportation entry number and the corresponding entry number.</P> <CITA>[T.D. 79-221, 44 FR 46817, Aug. 9, 1979]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.57</SECTNO> <SUBJECT>Single entry for split shipments.</SUBJECT> <P>(a) <E T="03">At election of importer of record.</E> At the election of the importer of record, Customs may process a split shipment, pursuant to section 484(j)(2), Tariff Act of 1930 (19 U.S.C. 1484(j)(2)), under a single entry, as prescribed under the procedures set forth in this section.</P> <P>(b) <E T="03">Split shipment defined.</E> A “split shipment”, for purposes of this section, means a shipment:</P> <P>(1) Which may be accommodated on a single conveyance, and which is delivered to and accepted by a carrier in the exporting country under one bill of lading or waybill, and is thus intended by the importer of record to arrive in the United States as a single shipment;</P> <P>(2) Which is thereafter divided by the carrier, acting on its own, into different portions which are transported and consigned to the same party in the United States; and</P> <P>(3) Of which the first portion and all succeeding portions arrive at the same port of entry in the United States, as listed in the original bill of lading or waybill; and all the succeeding portions arrive at the port of entry within 10 calendar days of the date of the first portion. If any portion of the shipment arrives at a different port, such portion must be transported in-bond to the port of destination where entry of the shipment is made.</P> <P>(c) <E T="03">Notification by importer of record.</E> The importer of record must notify Customs, in writing, that the shipment has been split at the carrier's initiative, that the remainder of the shipment will arrive by subsequent conveyance(s), and that an election is being made to file a single entry for all portions. The required notification must be given as soon as the importer of record becomes aware that the shipment has been split, but in all cases notification must be made before the entry summary is filed.</P> <P>(d) <E T="03">Entry or special permit for immediate delivery.</E> In order to make a single entry for a split shipment or obtain a special permit for the release of a split shipment under immediate delivery, an importer of record may follow the procedure prescribed in paragraph (d)(1) or (d)(2) of this section, as applicable.</P> <P>(1) <E T="03">Entry or special permit after arrival of entire shipment.</E> An importer of record may file an entry at such time as all portions of the split shipment have arrived at the port of entry (see paragraph (b)(3) of this section). In the alternative, again after the arrival of all portions of a split shipment at the port of entry, the importer of record may instead file a special permit for immediate delivery provided that the merchandise is eligible for such a permit under § 142.21(a)-(f) and (h) of this chapter. In either case, the importer of record must file Customs Form (CF) 3461 or CF 3461 alternate (CF 3461 ALT) as appropriate, or electronic equivalent, with Customs. The entry or special permit must indicate the total number of pieces in, as well as the total value of, the entire shipment as reflected on the invoice(s) covering the shipment.</P> <P>(2) <E T="03">Special permit prior to arrival of entire shipment.</E> As provided in § 142.21(g) of this chapter, an importer of record may also file a special permit for immediate delivery after the arrival of the first portion of a split shipment at the port of entry (see paragraph (b)(3) of this section), but before the arrival of the entire shipment at such port, thus qualifying the split shipment for incremental release, under paragraph (e) of this section, as each portion of the shipment arrives at the port of entry (see paragraph (g)(2)(ii) of this section). In such case, a CF 3461 or CF 3461 ALT as appropriate, or electronic equivalent, must be filed with Customs. As each portion arrives at the port of entry, the importer of record must submit a copy of the CF 3461/CF 3461 ALT, adjusted to reflect the quantity of that particular portion relative to the quantity contained in the entire split shipment (see paragraph (b)(1) of this section); however, if both the carrier and the importer of record are automated, such adjustments may instead be made electronically through <PRTPAGE P="19"/>the Customs ACS (Automated Commercial System). In the event that an entry has been pre-filed with Customs (see § 142.2(b) of this chapter), notification to Customs by the importer of record that a single entry will be filed for shipments released incrementally will serve as a request that the pre-filed entry be converted to an application for a special permit for immediate delivery (see § 142.21(g) of this chapter). The special permit must indicate the total number of pieces in, as well as the total value of, the entire shipment as reflected on the invoice(s) covering the shipment. Customs may limit the release of each portion of the split shipment upon arrival at the port of entry, as permitted under this paragraph, due to the need to examine the merchandise in accordance with paragraph (f) of this section.</P> <P>(e) <E T="03">Release.</E> To secure the separate release upon arrival of each portion of a split shipment at the port of destination under paragraph (d)(2) of this section, the carrier responsible for initially splitting the shipment must present to Customs, either on a paper manifest or through an authorized electronic data interchange system, manifest information relating to the shipment that reflects exact information for each portion of the split shipment. The carrier responsible for splitting the shipment must notify other obligated entities (such as another carrier or freight forwarder) that have submitted electronic manifest information to Customs about the shipment that was split so that these parties can update their manifest information to Customs.</P> <P>(f) <E T="03">Examination.</E> Customs may require examination of any or all parts of the split shipment. For split shipments subject to the immediate delivery procedure of paragraph (d)(2) of this section, Customs reserves the right to deny incremental release should such an examination of the merchandise be necessary. The denial of incremental release does not preclude the use of the procedures specified in paragraph (d)(1) of this section.</P> <P>(g) <E T="03">Entry summary</E>—(1) <E T="03">Entry.</E> For merchandise entered under paragraph (d)(1) of this section, the importer of record must file an entry summary within 10 working days from the time of entry.</P> <P>(2) <E T="03">Release for immediate delivery</E>—(i) <E T="03">Release under paragraph (d)(1) of this section.</E> For merchandise released under a special permit for immediate delivery pursuant to paragraph (d)(1) of this section, the importer of record must file the entry summary, which serves as both the entry and the entry summary, within 10 working days after the merchandise or any part of the merchandise is authorized for release under the special permit or, for quota class merchandise, within the quota period, whichever expires first (see § 142.23 of this chapter).</P> <P>(ii) <E T="03">Release under paragraph (d)(2) of this section.</E> For merchandise released under a special permit for immediate delivery pursuant to paragraph (d)(2) of this section, the importer of record must file the entry summary, which serves as both the entry and the entry summary, within 10 working days from the date of the first release of a portion of the split shipment. The filed entry summary must reflect all portions of the split shipment which have been released, to include quantity, value, correct classification and rate of duty. The entry summary cannot include any portions of the split shipment which have not been released.</P> <P>(3) <E T="03">Duty payment.</E> With the entry summary filed under paragraphs (g)(1) and (g)(2)(i) and (g)(2)(ii) of this section, the importer of record must attach estimated duties, taxes and fees applicable to the released merchandise. If the entry summary is filed electronically, the estimated duties, taxes and fees must be scheduled for payment at such time pursuant to the Automated Clearinghouse (see § 24.25 of this chapter).</P> <P>(h) <E T="03">Classification.</E> For purposes of section 484(j)(2), Tariff Act of 1930 (19 U.S.C. 1484(j)(2)), the merchandise comprising the separate portions of a split shipment included on one entry will be classified as though imported together.</P> <P>(i) <E T="03">Separate entry required</E>—(1) <E T="03">Untimely arrival.</E> The importer of record must enter separately those portions of a split shipment that do not arrive at the port of entry within 10 calendar days of the portion that arrived there <PRTPAGE P="20"/>first (see paragraph (b)(3) of this section).</P> <P>(2) <E T="03">Different rates of duty for identically classified merchandise.</E> An importer of record will be required to file a separate entry for any portion of a split shipment if necessary to preclude the application of different rates of duty on a split shipment entry for merchandise that is classifiable under the same subheading of the Harmonized Tariff Schedule of the United States (HTSUS).</P> <P>(j) <E T="03">Requirement of importer of record to review entry and maintain evidence substantiating splitting of shipment</E>—(1) <E T="03">Review of entry.</E> The importer of record will be responsible for reviewing the total manifested quantity shown on the CF 3461/CF 3461 ALT, or electronic equivalent, in relation to all portions of the split shipment that arrived at the port of entry under paragraph (b)(3) of this section within the specified 10 calendar day period. At the conclusion of the specified 10 calendar day period, the importer of record must make any adjustments necessary to reflect the actual amount, value, correct classification and rate of duty of the merchandise that was released incrementally under the split shipment procedures. If all portions of the split shipment do not arrive within the required 10 calendar day period, the importer of record must file an additional entry or entries as appropriate to cover any remaining portions of the split shipment that subsequently arrive (see paragraph (i)(1) of this section).</P> <P>(2) <E T="03">Evidence for splitting of shipment; recordkeeping.</E> The importer of record must maintain sufficient documentary evidence to substantiate that the splitting of the shipment was done by the carrier acting on its own, and not at the request of the foreign shipper and/or the importer of record. This documentation should include a copy of the originating bill of lading or waybill under which the shipment was delivered to the carrier in the country of exportation or other supporting documentary evidence, such as a letter from the carrier confirming that the splitting of the shipment was done by the carrier on its own initiative. This documentary evidence as well as all other necessary records received or generated by or on behalf of the importer of record under this section must be maintained and produced, if requested, in accordance with part 163 of this chapter.</P> <P>(k) <E T="03">Single entry limited; exclusions from single entry under incremental release procedure</E>—(1) <E T="03">Quota/visa merchandise.</E> Merchandise subject to quota and/or visa requirements is excluded from incremental release under the immediate delivery procedure set forth in paragraph (d)(2) of this section and § 142.21(g) of this chapter. Additionally, if by splitting a shipment any portion of it is subject to quota, no portion of the split shipment may be released incrementally.</P> <P>(2) <E T="03">Other merchandise.</E> In addition, the port director may deny the use of the incremental release procedure set forth in paragraph (d)(2) of this section and § 142.21(g) of this chapter, as circumstances warrant.</P> <P>(3) <E T="03">Limited single entry available.</E> For merchandise described in paragraphs (k)(1) and (k)(2) of this section, that is excluded from the immediate delivery procedure of paragraph (d)(2) of this section and § 142.21(g) of this chapter, the importer of record may still file a single entry or special permit for immediate delivery under paragraph (d)(1) of this section covering the entire split shipment of such merchandise following, and to the extent of, its arrival within the required 10 calendar day period.</P> <CITA>[T.D. 03-09, 68 FR 8719, Feb. 25, 2003]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.58</SECTNO> <SUBJECT>Single entry for separately arriving portions of unassembled or disassembled entities.</SUBJECT> <P>(a) <E T="03">At election of importer of record</E>. At the election of the importer of record, an unassembled or disassembled entity arriving on multiple conveyances as contemplated under section 484(j)(1), Tariff Act of 1930 (19 U.S.C. 1484(j)(1)), may be processed as a single entry, as prescribed under the procedures set forth in this section.</P> <P>(b) <E T="03">Unassembled or disassembled entities covered</E>. An unassembled or disassembled entity for purposes of this section is an entity which:</P> <P>(1) Cannot, due to its size or nature, be shipped on a single conveyance, and <PRTPAGE P="21"/>is thus imported in an unassembled or disassembled condition;</P> <P>(2) Is ordered, invoiced and is classifiable under the Harmonized Tariff Schedule of the United States (HTSUS), as a single entity and is consigned to one person in the United States;</P> <P>(3) Is imported on more than one conveyance to the same port of entry in the United States; and</P> <P>(4) Involves the first portion and all succeeding portions arriving at the same United States port of entry within either:</P> <P>(i) 15 calendar days after the unlading of the first portion or arrival at the destination port if transported in bond for entities entered under the “hold all” method permitted in paragraph (d)(1) of this section; or</P> <P>(ii) 10 calendar days after the release of the first portion under special permit procedures for entities released incrementally as permitted in paragraph (d)(2) of this section.</P> <P>(c) <E T="03">Application by importer</E>. The importer of record must apply to file a single entry covering an entity described in paragraph (b) of this section. Applications may be made either by appropriately annotating a Customs and Border Protection (CBP) Form 3461, CBP Form 3461 ALT, or electronic equivalent, or by submitting a letter to CBP. The required application must be made no later than 5 working days in advance of the arrival of the first conveyance. Justification for the need for more than one conveyance must be provided in the application, which must include an affirmative statement that the entity cannot, due to its size or nature, be shipped on one conveyance. A copy of the relevant invoice or purchase order, or electronic equivalent, must accompany the application, along with the proposed appropriate single tariff number under the HTSUS. The port director will notify the applicant of the approval or denial of the application within 3 working days of the receipt of the application.</P> <P>(d) <E T="03">Entry or special permit for immediate delivery</E>. In order to make a single entry for portions of an entity covered under this section that arrive at different times, an importer of record must follow the procedure prescribed in paragraphs (d)(1) or (d)(2) of this section, as applicable.</P> <P>(1) <E T="03">Entry or special permit after arrival of all portions (Hold All)</E>. An importer may file an entry at such time as all portions of the entity have arrived at the same port of entry in the United States. Any portion that arrives at a different port must be transported in-bond to the destination port where entry will be made. In the alternative, the importer may file a special permit for immediate delivery after arrival of all portions of the entity provided that it is eligible for such a permit under § 142.21(a)-(d), (f) and (i) of this chapter.</P> <P>(2) <E T="03">Special permit for immediate delivery after arrival of first portion (Incremental Release)</E>. As provided in § 142.21(h) of this chapter, an importer of record may file an application for a special permit for immediate delivery after the arrival of the first portion of the entity covered by paragraph (b) of this section, and its remaining portions may be released incrementally pursuant to the requirements set forth in paragraph (e) of this section. All portions of the shipment must timely arrive at the same port of entry in the United States. Any portion that arrives at a different port must be transported in-bond to the destination port where entry will be made.</P> <P>(e) <E T="03">Release</E>. If an importer wishes to secure release of an entity under paragraph (d)(1) of this section after the entity's arrival, the importer must file with CBP a CBP Form 3461 or CBP Form 3461 ALT, as appropriate, or electronic equivalent. To secure the separate release upon arrival of each portion of a shipment under paragraph (d)(2) of this section, the importer must file with CBP a CBP Form 3461 or CBP Form 3461 ALT, as appropriate, or electronic equivalent after arrival of the first portion. As each successive portion arrives, the importer must submit a copy of the originally submitted CBP Form 3461/CBP Form 3461 ALT, annotated to specifically identify that particular portion. The CBP Form 3461/CBP Form 3461 ALT must indicate the order of the arriving portion in relation to the entire shipment as reflected on the invoice (for example, third of six portions). If both the carrier and the <PRTPAGE P="22"/>importer are automated, such adjustments may be made electronically through the CBP Automated Commercial System (ACS). The release of each portion upon arrival as permitted under this paragraph may be restricted due to CBP's need to examine the merchandise in accordance with paragraph (f) of this section. In addition, the importer of record must present to CBP either on paper or through an authorized electronic equivalent, specific and detailed information supplementing the CBP Form 3461 or 3461 ALT, relating to the merchandise on each conveyance which reflects exact information for that portion of the ordered entity (for example, detailed packing lists).</P> <P>(f) <E T="03">Examination</E>. CBP may require examination of any or all portions of the entity. CBP reserves the right to deny the release of each portion of such shipments as they arrive (<E T="03">i.e.</E>, incremental release) should such an examination of the merchandise be necessary. The denial of incremental release does not preclude the use of the procedures specified in paragraph (d)(1) of this section.</P> <P>(g) <E T="03">Entry summary</E>. (1) For merchandise entered under paragraph (d)(1) of this section, an entry summary must be filed within 10 working days from the time of entry. For merchandise released under a special permit for immediate delivery, the entry summary, which serves as both the entry and entry summary, must be filed within 10 working days after the first portion of the entity is authorized for release under the special permit.</P> <P>(2) For merchandise released under a special permit for immediate delivery pursuant to paragraph (d)(2) of this section, the entry summary, which serves as both the entry and the entry summary, must be filed within 10 working days from the date of the first release of a portion of the unassembled or disassembled entity. However, the entry/entry summary for the entity cannot be filed before the last portion of the entity which is to be included on the entry has arrived.</P> <P>(3) <E T="03">Duty payment</E>. At the time the entry summary is filed under paragraphs (g)(1) and (g)(2) of this section, estimated duties, taxes and fees must be attached. If the entry summary is filed electronically, the estimated duties, taxes and fees must be scheduled for payment at such time pursuant to the Automated Clearinghouse procedures (<E T="03">see</E> 19 CFR 24.25).</P> <P>(h) <E T="03">Classification</E>. Except as provided in paragraph (j) of this section, for purposes of section 484(j)(1), Tariff Act of 1930 (19 U.S.C. 1484(j)(1)), the merchandise comprising the separate portions of an entity covered by paragraph (b) of this section included on one entry will be classified as though imported together. Any spare parts accompanying a portion of an entity must be classified and entered separately.</P> <P>(i) <E T="03">When separate entry and entry summary required</E>. When all portions of an entity do not arrive at the port of entry within the time constraints of paragraphs (b)(4)(i) and (ii) of this section, as applicable, a separate entry and entry summary must be filed for each portion that has already arrived, and for each portion that subsequently will arrive on separate conveyances. The merchandise included on each separate entry shall be classified in its condition as imported. Each entry would reflect the quantities, values, classifications and rates of duty, as appropriate, of the various components conveyed in each shipment, and not the value or classification of the ordered single entity.</P> <P>(j) <E T="03">Exclusions</E>. Merchandise subject to quota and/or visa requirements is entirely excluded from the procedures set forth in this section. Also, CBP reserves the right for the port director to deny use of the incremental release procedure and only release the shipment in its entirety as circumstances warrant, such as in the case where a particular shipment has been selected for examination.</P> <CITA>[CBP Dec. 06-11, 71 FR 31925, June 2, 2006]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Presentation of Entry Papers</HD> <SECTION> <SECTNO>§ 141.61</SECTNO> <SUBJECT>Completion of entry and entry summary documentation.</SUBJECT> <P>(a) <E T="03">Preparation</E>—(1) <E T="03">Paper entry and entry summary documentation.</E> Except <PRTPAGE P="23"/>when entry and entry summary documentation is filed with CBP electronically pursuant to the provisions of part 143 of this chapter:</P> <P>(i) Such documentation must be prepared on a typewriter (keyboard), or with ink, indelible pencil, or other permanent medium, and all copies must be legible;</P> <P>(ii) The entry summary must be signed by the importer (<E T="03">see</E> § 101.1 of this chapter); and</P> <P>(iii) Entries, entry summaries, and accompanying documentation must be on the appropriate forms specified by the regulations and must clearly set forth all required information.</P> <P>(2) <E T="03">Electronic entry and entry summary documentation.</E> Entry and entry summary documentation that is filed electronically pursuant to part 143 of this chapter must contain the information required by this section and must be certified (<E T="03">see</E> §§ 143.35 and 143.44 of this chapter) by the importer of record or his duly authorized customs broker as being true and correct to the best of his knowledge. The importer of record, customs broker, or a duly authorized agent must be resident in the United States for purposes of receiving service of process. A certified electronic transmission is binding in the same manner and to the same extent as a signed document.</P> <P>(b) <E T="03">Marks and numbers previously provided.</E> An importer may omit from entry summary (CBP Form 7501) the marks and numbers previously provided for packages released or withdrawn.</P> <P>(c) <E T="03">Identification number for merchandise subject to an antidumping or countervailing duty order.</E> The entry summary filed for merchandise subject to an antidumping or countervailing duty order must include the unique identifying number assigned by the Department of Commerce, International Trade Administration. Any entry summary filed for merchandise subject to an antidumping or countervailing duty order not containing the identifying number will be rejected.</P> <P>(d) <E T="03">Importer number.</E> The importer number must be reported on CBP Form 7501 as follows:</P> <P>(1) <E T="03">Generally.</E> Except as provided in paragraph (d)(2) of this section, the importer number of the importer of record and the consignee number of the ultimate consignee must be reported for each entry summary and for each drawback entry. When the importer of record and the ultimate consignee are the same, the importer number may be entered in both spaces provided on CBP Form 7501 (boxes 10 and 12) or the importer number may be entered in the space provided for the importer (box 12) and the word “SAME” may be entered in the space provided for the ultimate consignee (box 10).</P> <P>(2) <E T="03">Exception.</E> In the case of a consolidated entry summary covering the merchandise of more than one ultimate consignee, the importer number must be reported on CBP Form 7501 (box 12) and the notation “CONSOLIDATED” must be made in the space provided for the consignee number (box 10).</P> <P>(3) <E T="03">When refunds, bills, or notices of liquidation are to be mailed to agent.</E> If an importer of record desires to have refunds, bills, or notices of liquidation mailed in care of his agent, the agent's importer number must be reported on CBP Form 7501 in the box designated “Reference No” (box 22). In this case, the importer of record must file, or must have filed previously, a CBP Form 4811 authorizing the mailing of refunds, bills, or notices of liquidation to the agent.</P> <P>(4) <E T="03">Broker No.</E> If a broker is used, the broker's number must be reported in the appropriate location on CBP Form 7501.</P> <P>(e) <E T="03">Statistical information</E>—(1) <E T="03">Information required on entry summary or withdrawal form</E>—(i) <E T="03">Where form provides space</E>—(A) <E T="03">Single invoice.</E> For each class or kind of merchandise subject to a separate statistical reporting number, the applicable information required by the General Statistical Notes, Harmonized Tariff Schedule of the United States (HTSUS), must be shown on the entry summary, CBP Form 7501; the transportation entry and manifest of goods, CBP Form 7512, when used to document an incoming vessel shipment proceeding to a third country by means of an entry for transportation and exportation, or immediate exportation.</P> <P>(B) <E T="03">Multiple invoices.</E> If a class or kind of merchandise from the same country of origin subject to the same statistical <PRTPAGE P="24"/>reporting number is included in more than one invoice, the importer may, at his option (<E T="03">1</E>) list each invoice separately on the appropriate form listed under paragraph (e)(1)(i)(A) of this section and for each class or kind of merchandise within each invoice subject to a separate statistical reporting number, report the applicable information required by the General Statistical Notes, HTSUS; or (<E T="03">2</E>) combine the information for each class or kind of merchandise and report it under one statistical reporting number for all invoices. When consolidating information from several invoices under one reporting number, a worksheet itemizing the entered value of the merchandise from each invoice in the manner prescribed in paragraph (f)(2)(ii) of this section must be attached to the appropriate form.</P> <P>(ii) <E T="03">Where form does not provide space.</E> In addition to the information required by paragraph (e)(1)(i) of this section, statistical information for which spaces are not provided on the appropriate form, must be shown as follows:</P> <P>(A) The name, the abbreviated designation or 4 digit code of the country of registry (flag) of the vessel expressed in terms of Annex B, HTSUS, must be placed in the block on the entry document for the name of the importing vessel or carrier.</P> <P>(B) The notation “Y” or “N” as appropriate, must be placed in column 33 of CBP Form 7501, and in the top right hand portion of CBP Form 7519, to identify the transaction as one between a buyer and a seller who are related in any manner, or as one between a buyer and a seller who are not so related.</P> <P>(C) The charges (aggregate cost of freight, insurance and all other charges), must be listed on CBP Form 7501 in column 33. The charges must be listed on CBP Form 7519 in the rate column.</P> <P>(2) <E T="03">Responsibility.</E> The person filing the form is responsible for providing the information required by paragraph (e)(1) of this section. If the information required by subparagraph General Statistical Note 1(a)(xiv)(xvii), HTSUS, cannot be obtained readily, the person filing the form must provide reasonable estimates of the required information. The acceptance of an estimate for a particular transaction does not relieve the person filing the form from obtaining the necessary information for similar future transactions. The port director may require additional documentation to substantiate the statistical information required by paragraph (e)(1) of this section. The importer must give an appropriate bond for the production of the required documentation, as follows:</P> <P>(i) Except for merchandise entered for warehouse, the documentation must be produced within 50 days after the entry summary (or the entry, if there is no entry summary) is required to be filed.</P> <P>(ii) If merchandise is entered for warehouse, the documentation must be produced within 2 months after the date of withdrawal, except that if an invoice is part of the documentation, the invoice must be produced within 50 days after the entry summary for warehouse is required to be filed.</P> <FP>The port director may grant a reasonable extension of time to produce the required documentation for good cause shown. (See § 141.91(d) for bond requirements relating to failure to produce an invoice.)</FP> <P>(3) <E T="03">Estimates of statistical information.</E> When the person filing the form estimates any of the values or charges, as provided for in General Statistical Note 1(b)(ii), HTSUS, except Canadian rail and truck charges, he must place either “(estimate)”, “(est)”, or (“E”) after the amount of each value or charge.</P> <P>(4) <E T="03">Rejection of form.</E> The port director will reject a form for failure to provide required statistical information if the information is omitted or if the information provided clearly appears on its face, or is known to the CBP officer, to be erroneous.</P> <P>(5) <E T="03">Penalty procedures; when not invoked.</E> Penalty procedures relating to erroneous statistical information will not be invoked against any person who in good faith attempts to comply with the statistical requirements of the General Statistical Note, HTSUS.</P> <P>(f) <E T="03">Value of each invoice</E>—(1) <E T="03">Single invoice.</E> If the entry, entry summary, or <PRTPAGE P="25"/>withdrawal documentation, as specified in paragraph (e)(1)(i) of this section, covers a single invoice, the invoice information must be restated to show:</P> <P>(i) Gross amount of the invoice;</P> <P>(ii) Deduction of the aggregate amount of any non-dutiable charges involved in the amount;</P> <P>(iii) Further deduction of the aggregate of any deductions from the invoice values to make entered values; and</P> <P>(iv) Addition of the aggregate of any dutiable charges not included in the gross amount of the invoice and of any other additions to the invoice values to make entered values. The final amount in the summary computations must represent the aggregate of the entered values of all the merchandise covered by the invoice. The required information must be shown on a worksheet attached to the form or placed across columns 30 and 31 on CBP Form 7501 and in the same general location on CBP Forms 7505, 7506.</P> <P>(2) <E T="03">Multiple invoices.</E> (i) If the importer or his agent elects the first option specified in paragraph (e)(1)(i)(B) of this section, the information required to be restated by paragraph (f)(1) of this section for a single invoice must be restated for each invoice. The required information must be shown on a worksheet attached to the form or placed across columns 30 and 31 on CBP Form 7501.</P> <P>(ii) If the importer or his agent elects the second option specified in paragraph (e)(1)(i)(B) of this section, the information required to be restated by paragraph (f)(1) of this section for a single invoice must be restated for each invoice. The final amount in the summary computation must represent the aggregate of the entered values of all the merchandise on each of the multiple invoices. The required information must be shown on an attached worksheet.</P> <P>(iii) The worksheet also must contain:</P> <P>(A) A statistical reporting number restatement for the merchandise from each invoice subject to the same statistical reporting number from the same country of origin, and</P> <P>(B) An aggregate total value which represents the entered value.</P> <P>(iv) To permit the identification of the merchandise entered under each reporting number, each class or kind of merchandise, from one country reported under a single statistical reporting number must be coded identically on each invoice and on the worksheet.</P> <CITA>[T.D. 79-221, 44 FR 46817, Aug. 9, 1979]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> citations affecting § 141.61, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at <E T="03">www.fdsys.gov</E>.</P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 141.62</SECTNO> <SUBJECT>Place and time of filing.</SUBJECT> <P>(a) <E T="03">Place.</E> An application for immediate delivery and entry, entry summary, or withdrawal documentation shall be filed at the customhouse or at any other Customs location approved by the director of the port where the merchandise is to be or has been released.</P> <P>(b) <E T="03">Time</E>—(1) <E T="03">Normal business hours.</E> (i) Except as provided in paragraph (b)(2) of this section, an application for immediate delivery or entry documentation shall be filed when the customhouse is open for the general transaction of business, or when Customs has established a regular tour of duty in accordance with § 101.6(f) of this chapter.</P> <P>(ii) Except as provided in paragraph (b)(2) of this section, entry summary or withdrawal documentation shall be filed when the customhouse is open for the general transaction of business, as provided in § 101.6 of this chapter.</P> <P>(2) <E T="03">Overtime services</E>—(i) <E T="03">Generally.</E> Except as provided in paragraph (b)(2)(ii) of this section, an application for immediate delivery or entry documentation may be filed when the customhouse is not open for the general transaction of Customs business and no regular tour of duty has been established; and entry summary or withdrawal documentation may be filed when the customhouse is not open for the general transaction of business, if:</P> <P>(A) The person desiring to transact business has applied for and received authorization for overtime services on a reimbursable basis, as provided for in § 24.16 of this chapter, and</P> <P>(B) Overtime services of Customs officers are available.<PRTPAGE P="26"/> </P> <P>(ii) <E T="03">Quota-class merchandise.</E> Overtime shall not be authorized for the presentation of entry summary documentation which serves as both the entry and entry summary or withdrawal documentation, for quota-class merchandise without Headquarters authorization. If Headquarters authorization is granted, the time of delivery of the entry summary or withdrawal documentation, with the estimated duties attached, or without the estimated duties attached, if the entry/entry summary information and a scheduled statement date have been successfully received by Customs via the Automated Broker Interface, shall be the time of presentation for quota purposes. However, if an entry summary or withdrawal for quota-class merchandise is delivered inadvertently during overtime hours without Headquarters authorization, the time of presentation for quota purposes shall be the opening of business on the next business day.</P> <CITA>[T.D. 79-221, 44 FR 46818, Aug. 9, 1979, as amended by T.D. 89-104, 54 FR 50498, Dec. 7, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.63</SECTNO> <SUBJECT>Submission of entry summary documentation for preliminary review.</SUBJECT> <P>(a) <E T="03">Before arrival of merchandise.</E> Entry summary documentation may be submitted at the customhouse for preliminary review, without estimated duties attached, within such time before arrival of the merchandise as may be fixed by the port director—</P> <P>(1) If the entry summary documentation will be filed at time of entry to serve as both the entry and the entry summary, as provided in § 142.3(b) of this chapter, or</P> <P>(2) In the case of quota-class merchandise, if the entry summary for consumption will be presented at time of entry, as provided in § 132.11a of this chapter. Estimated duties will not be accepted before arrival of the merchandise within the port limits.</P> <P>(b) <E T="03">After arrival of merchandise.</E> Entry summary documentation may be submitted at the customhouse for preliminary review, without estimated duties attached, within such time after arrival of quota-class merchandise as may be fixed by the port director, if the entry summary for consumption will be presented at the opening of the quota period, as provided in § 132.12(a) of this chapter. Estimated duties will not be accepted before the opening of the quota period.</P> <CITA>[T.D. 79-221, 44 FR 46819, Aug. 9, 1979, as amended by T.D. 87-78, 52 FR 24155, June 29, 1987; CBP Dec. 09-47, 74 FR 69019, Dec. 30, 2009]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.64</SECTNO> <SUBJECT>Review and correction of entry and entry summary documentation.</SUBJECT> <P>Entry and entry summary documentation may be reviewed before acceptance to ensure that all entry and statistical requirements are complied with and that the indicated values and rates of duty appear to be correct. If any errors are found, the entry and the entry summary documentation shall not be considered to have been filed in proper form and shall be returned to the importer for correction.</P> <CITA>[T.D. 79-221, 44 FR 46819, Aug. 9, 1979, as amended by T.D. 99-64, 64 FR 43266, Aug. 10, 1999]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.65</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 141.66</SECTNO> <SUBJECT>Bond for missing documents.</SUBJECT> <P>Unless otherwise prescribed in these regulations, a bond on Customs Form 301, containing the bond conditions set forth in § 113.62 or § 113.69 of this chapter, as appropriate, may be given for the production of any required document which is not available at the time of entry. (See § 141.91 for the procedure applicable to incomplete or missing invoices.)</P> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 84-213, 49 FR 41184, Oct. 19, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.67</SECTNO> <SUBJECT>Recall of documentation.</SUBJECT> <P>The importer may recall the entry and entry summary documentation at any time before the effective time of entry set forth in § 141.68. The entry shall be considered canceled, and documents shall be returned to the importer.</P> <CITA>[T.D. 79-221, 44 FR 46819, Aug. 9, 1979]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.68</SECTNO> <SUBJECT>Time of entry.</SUBJECT> <P>(a) <E T="03">When entry documentation is filed without entry summary.</E> When the entry <PRTPAGE P="27"/>documentation is filed in proper form without an entry summary, the “time of entry” will be:</P> <P>(1) The time the appropriate CBP officer authorizes the release of the merchandise or any part of the merchandise covered by the entry documentation, or</P> <P>(2) The time the entry documentation is filed, if requested by the importer on the entry documentation at the time of filing, and the merchandise already has arrived within the port limits; or</P> <P>(3) The time the merchandise arrives within the port limits, if the entry documentation is submitted before arrival, and if requested by the importer on the entry documentation at the time of submission.</P> <P>(b) <E T="03">When entry summary serves as entry and entry summary.</E> When an entry summary serves as both the entry documentation and entry summary, in accordance with § 142.3(b) of this chapter, the time of entry will be the time the entry summary is filed in proper form with estimated duties attached except as provided in § 142.13(b).</P> <P>(c) <E T="03">When merchandise is released under the immediate delivery procedure.</E> The time of entry of merchandise released under the immediate delivery procedure will be the time the entry summary is filed in proper form, with estimated duties attached.</P> <P>(d) <E T="03">Quota-class merchandise.</E> The time of entry for quota-class merchandise will be the time of presentation of the entry summary or withdrawal for consumption in proper form, with estimated duties attached, or if the entry/entry summary information and a valid scheduled statement date (pursuant to § 24.25 of this chapter) have been successfully received by CBP via the Automated Broker Interface, without the estimated duties attached, as provided in § 132.11a of this chapter.</P> <P>(e) <E T="03">When merchandise has not arrived.</E> Merchandise will not be authorized for release, nor will an entry or an entry summary which serves as both the entry and entry summary be considered filed or presented, until the merchandise has arrived within the port limits with the intent to unlade.</P> <P>(f) <E T="03">Informal mail entry.</E> The time of entry of merchandise under an informal mail entry, CBP Form 3419 or 3419A or CBP Form 368 or 368A, is the time the preparation of the entry documentation by a CBP employee is completed.</P> <P>(g) <E T="03">Withdrawal from warehouse for consumption.</E> The time of entry of merchandise withdrawn from warehouse for consumption (the process preparatory to the issuance of a permit for the release of the merchandise to or upon the order of the warehouse proprietor) is when:</P> <P>(1) CBP Form 7501 is executed in proper form and filed together with any related documentation required by these regulations to be filed at the time of withdrawal, and</P> <P>(2) Estimated duties, if any, required to be paid at the time of withdrawal have been deposited.</P> <FP>Unless the requirements of this paragraph and section 315(a), Tariff Act of 1930, as amended (19 U.S.C. 1315(a)), including the deposit of estimated duties, if any, are completed within 60 days from the date of presentation of CBP Form 7501, the request for withdrawal will be considered abandoned.</FP> <P>(h) <E T="03">Appraisement entry, informal entry, combined entry for rewarehouse and withdrawal for consumption, and entry under carnet.</E> The time of entry of merchandise under an appraisement entry, or informal entry, CBP Form 7501, an informal entry, CBP Form 368 or 368A (serially numbered) (or other form prescribed in § 143.23 or elsewhere in the chapter for use as an informal entry), a combined entry for rewarehouse and withdrawal for consumption, CBP Form 7519, or an A.T.A. carnet issued under part 114 of this chapter, will be the time the specified form is executed in proper form and filed, together with any related documents required by these regulations, and estimated duties, if any, have been deposited. If merchandise eligible for informal entry is released under a special permit for immediate delivery and CBP Form 368 or 368A (serially numbered) or 7501 is filed in accordance with § 142.23 of this chapter, the time of entry will be the time CBP Form 368 or 368A or 7501 is filed in proper form, together with any related documents required by this chapter, and estimated duties, if any, <PRTPAGE P="28"/>have been deposited. However, if merchandise eligible for informal entry is released under the entry documentation set forth in § 142.3(a) of this chapter and CBP Form 368 or 368A (serially numbered) or 7501 is filed in accordance with § 142.23, the time of entry will be in accordance with paragraph (a) of this section.</P> <P>(i) <E T="03">Exportation to Canada or Mexico of goods imported into the United States under a duty-deferral program defined in § 181.53 of this chapter.</E> When merchandise in a U.S. duty-deferral program is withdrawn for exportation to Canada or Mexico or for entry into a duty-deferral program in Canada or Mexico, the date of entry is the date the entry is required to be filed under § 181.53(a)(2)(iii) of this chapter.</P> <CITA>[T.D. 79-221, 44 FR 46819, Aug. 9, 1979]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> citations affecting § 141.68, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at <E T="03">www.fdsys.gov</E>.</P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 141.69</SECTNO> <SUBJECT>Applicable rates of duty.</SUBJECT> <P>The rates of duty applicable to merchandise shall be the rates in effect at time of entry, as specified in § 141.68, except as otherwise specifically provided for by Executive Order, and in the following cases:</P> <P>(a) <E T="03">Warehouse entries.</E> Merchandise entered for warehouse is dutiable at the rates in effect at the time withdrawal from warehouse for consumption is made in accordance with § 141.68(g).</P> <P>(b) <E T="03">Merchandise entered for immediate transportation.</E> Merchandise which is not subject to a quantitative or tariff-rate quota and which is covered by an entry for immediate transportation made at the port of original importation, if entered for consumption at the port designated by the consignee or his agent in such transportation entry without having been taken into custody by the port director for general order under section 490, Tariff Act of 1930, as amended (19 U.S.C. 1490), shall be subject to the rates in effect when the immediate transportation entry was accepted at the port of original importation.</P> <P>(c) <E T="03">Overcarried merchandise returned to port of entry.</E> If merchandise which has been entered for consumption, but not yet released from Customs custody, is removed from the port or place of intended release because of overcarriage, inaccessibility, strike, act of God, or unforeseen contingency, and is returned to such port or place within 90 days after removal, such merchandise shall be subject to the rates in effect at the time of the original entry, provided the merchandise is identified with the original entry by the usual Customs examination and by any documentary evidence as to its movement between its removal and return which the port director may reasonably require. A new entry shall be required, unless the original entry has not been liquidated and the consignee at the time of original importation and at the time of return is the same person.</P> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 79-221, 44 FR 46820, Aug. 9, 1979; T.D. 90-34, 55 FR 17597, Apr. 26, 1990; T.D. 97-82, 62 FR 51771, Oct. 3, 1997]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Invoices</HD> <SECTION> <SECTNO>§ 141.81</SECTNO> <SUBJECT>Invoice for each shipment.</SUBJECT> <P>A commercial invoice shall be presented for each shipment of merchandise at the time the entry summary is filed, subject to the conditions set forth in these regulations. Except in the case of installment shipments provided for in § 141.82, an invoice shall not represent more than one distinct shipment of merchandise by one consignor to one consignee by one vessel or conveyance.</P> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 78-53, 43 FR 6069, Feb. 13, 1978; T.D. 79-221, 44 FR 46820, Aug. 9, 1979; T.D. 85-39, 50 FR 9612, Mar. 11, 1985; T.D. 93-66, 58 FR 44130, Aug. 19, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.82</SECTNO> <SUBJECT>Invoice for installment shipments arriving within a period of 10 days.</SUBJECT> <P>(a) <E T="03">One invoice sufficient.</E> Installments of a shipment covered by a single order or contract and shipped from one consignor to one consignee may be included in one invoice if the installments arrive at the port of entry by any means of transportation within a period of not to exceed 10 consecutive days.<PRTPAGE P="29"/> </P> <P>(b) <E T="03">Preparation of invoice.</E> The invoice shall be prepared in the manner provided for in this subpart and, when practicable, shall show the quantities, values, and other invoice data with respect to each installment, the date of shipment of each installment, and the car number or other identification of the importing conveyance in which it was shipped.</P> <P>(c) <E T="03">Pro forma invoice.</E> If the required invoice is not filed with the first entry of an installment series, a pro forma invoice shall be filed with each entry made before the required invoice is produced, and in accordance with § 141.91 a bond shall be given, or charge against a continuous bond made, for the production of the required invoice. Liquidated damages will accrue in the case of each entry if more than 6 months expire without the production of an invoice for such entry.</P> <P>(d) <E T="03">Informal entry.</E> Any bona fide installment valued at not over $2,000 (except for articles valued in excess of $250 classified in Sections VII, VIII, XI, and XII; Chapter 94; and Chapter 99, Subchapters III and IV. Harmonized Tariff Schedule of the United States may be entered on an informal entry in accordance with subpart C of part 143 of this chapter, in which case such installment need not be considered in connection with invoice requirements for the balance of the series.</P> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 75-27, 40 FR 3449, Jan. 22, 1975; T.D. 78-53, 43 FR 6069, Feb. 13, 1978; T.D. 84-213, 49 FR 41184, Oct. 19, 1984; T.D. 85-123, 50 FR 29954, July 23, 1985; T.D. 89-1, 53 FR 51256, Dec. 21, 1988; T.D. 89-82, 54 FR 36026, Aug. 31, 1989; T.D. 93-66, 58 FR 44130, Aug. 19, 1993; T.D. 98-28, 63 FR 16417, Apr. 3, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.83</SECTNO> <SUBJECT>Type of invoice required.</SUBJECT> <P>(a)-(b) [Reserved]</P> <P>(c) <E T="03">Commercial invoice.</E> (1) A commercial invoice shall be filed for each shipment of merchandise not exempted by paragraph (d) of this section. The commercial invoice shall be prepared in the manner customary in the trade, contain the information required by §§ 141.86 through 141.89, and substantiate the statistical information required by § 141.61(e) to be given on the entry, entry summary, or withdrawal documentation.</P> <P>(2) The port director may accept a copy of a required commercial invoice in place of the original. A copy, other than a photostatic or photographic copy, shall contain a declaration by the foreign seller, the shipper, or the importer that it is a true copy.</P> <P>(d) <E T="03">Commercial invoice not required.</E> A commercial invoice shall not be required in connection with the filing of the entry, entry summary, or withdrawal documentation for merchandise listed in this paragraph. The importer, however, shall present any invoice, memorandum invoice, or bill pertaining to the merchandise which may be in his possession or available to him. If no invoice or bill is available, a pro forma (or substitute) invoice, as provided for in § 141.85, shall be filed, and shall contain information adequate for the examination of merchandise and the determination of duties, and information and documentation which verify the information required for statistical purposes by § 141.61(e). The merchandise subject to the foregoing requirements is as follows:</P> <P>(1) [Reserved]</P> <P>(2) Merchandise not intended for sale or any commercial use in its imported condition or any other form, and not brought in on commission for any person other than the importer.</P> <P>(3)-(4) [Reserved]</P> <P>(5) Merchandise returned to the United States after having been exported for repairs or alteration under subheadings 9802.00.40 and 9802.00.60, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202).</P> <P>(6) Merchandise shipped abroad, not delivered to the consignee, and returned to the United States.</P> <P>(7) Merchandise exported from continuous Customs custody within 6 months after the date of entry.</P> <P>(8) Merchandise consigned to, or entered in the name of, any agency of the U.S. Government.</P> <P>(9) Merchandise for which an appraisement entry is accepted.</P> <P>(10) Merchandise entered temporarily into the Customs territory of the United States under bond or for permanent exhibition under bond.</P> <P>(11) Merchandise provided for in section 466, Tariff Act of 1930 (19 U.S.C. <PRTPAGE P="30"/>1466), which pertain to certain equipment, repair parts, and supplies for vessels.</P> <P>(12) Merchandise imported as supplies, stores, and equipment of the importing carrier and subsequently made subject to entry pursuant to section 446, Tariff Act of 1930, as amended (19 U.S.C. 1446).</P> <P>(13) Ballast (not including cargo used for ballast) landed from a vessel and delivered for consumption.</P> <P>(14) Merchandise, whether privileged or nonprivileged, resulting from manipulation or manufacture in a foreign trade zone.</P> <P>(15) Screenings contained in bulk importations of grain or seeds.</P> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> citations affecting § 141.83, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at <E T="03">www.fdsys.gov</E>.</P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 141.84</SECTNO> <SUBJECT>Photocopies of invoice for separate entries of same shipment.</SUBJECT> <P>(a) <E T="03">Entries at one port.</E> If by reason of accident or short shipment a portion of the quantity covered by one invoice fails to arrive, or if for any other reason only a portion of the quantity covered by one invoice is entered under one entry, a photocopy of the commercial invoice used in connection with the first entry, covering the quantity to be entered under another entry, may be used in connection with the subsequent entry of any portion of the merchandise not cleared under the first entry.</P> <P>(b) <E T="03">Entries from foreign-trade zone at one port.</E> A photocopy of the invoice filed with the first entry for consumption from a foreign-trade zone of a portion of the merchandise shown on the invoice will not be required for any subsequent entry for consumption from that zone at the same port of a portion of any merchandise covered by such invoice, if a pro forma invoice is filed and identifies the entry first made and the invoice then filed.</P> <P>(c) <E T="03">Entries at different ports.</E> When portions of a single shipment requiring a commercial invoice are entered at different ports, the importer may submit to the port director where the original invoice or latest photocopy of the original invoice is on file, two photocopies of the latest of such invoices to be certified as to merchandise previously received, and the official seal affixed thereto.</P> <P>(d) <E T="03">Pro forma invoice.</E> In a case in which a portion of the shipment is entered at the first port on a pro forma invoice, an entry at a subsequent port may be made by means of a new pro forma invoice which may cover only the merchandise then entered.</P> <P>(e) <E T="03">Photocopy to satisfy bond for invoice.</E> A properly certified photocopy of a commercial invoice presented within 6 months after the date of entry may be accepted to cancel the charges against the bond given for the production of the commercial invoice.</P> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 84-213, 49 FR 41184, Oct. 19, 1984; T.D. 85-39, 50 FR 9612, Mar. 11, 1985]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.85</SECTNO> <SUBJECT>Pro forma invoice.</SUBJECT> <P>A pro forma invoice submitted in accordance with any provision of this chapter shall be in substantially the following form:</P> <EXTRACT> <HD SOURCE="HD1">Pro Forma Invoice</HD> <HD SOURCE="HD1">Importers Statement Of Value Or The Price Paid In The Form Of An Invoice</HD> <P>Not being in possession of a commercial seller's or shipper's invoice I request that you accept the statement of value or the price paid in the form of an invoice submitted below:</P> <P SOURCE="P-DASH">Name of shipper</P> <FP>address ____________</FP> <P SOURCE="P-DASH">Name of seller</P> <FP>address ____________;.</FP> <P SOURCE="P-DASH">Name of consignee</P> <FP>address ____________.</FP> <P SOURCE="P-DASH">Name of purchaser</P> <FP>address ____________.</FP> <P>The merchandise (has) (has not) been purchased or agreed to be purchased by me.</P> <P>The prices, or in the case of consigned goods the values, given below are true and correct to the best of my knowledge and belief, and are based upon: (Check basis with an “X”)</P> <P>(a) The price paid or agreed to be paid (_) as per order dated ______.</P> <P>(b) Advices from exporter by letter (—) by cable (_) dated ______.</P> <P>(c) Comparative values of shipments previously received (_) dated ______.</P> <P>(d) Knowledge of the market in the country of exportation (_) ______.</P> <P>(e) Knowledge of the market in the United States (if U.S. Value) (_) ______.<PRTPAGE P="31"/> </P> <P>(f) Advices of the Port Director (_) ______.</P> <P>(g) Other (_) ______.</P> <GPOTABLE CDEF="10,10,9,9,9,7,7" COLS="7" OPTS="L2"> <BOXHD> <CHED H="1">A—Case marks numbers</CHED> <CHED H="1">B—Manufacturer's item No. symbol or brand</CHED> <CHED H="1">C—Quantities and full description</CHED> <CHED H="1">D—Unit purchase price (currency)</CHED> <CHED H="1">E—Total purchase price (currency)</CHED> <CHED H="1">F—Unit foreign value</CHED> <CHED H="1">G—Total foreign value</CHED> </BOXHD> <ROW> <ENT I="01"/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="01"/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <TNOTE>Check which of the charges below are, and which are not included in the prices listed in columns “D” and “E”:</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s50,8,8" COLS="3" OPTS="L2"> <BOXHD> <CHED H="1">Amount</CHED> <CHED H="1">Included</CHED> <CHED H="1">Not included</CHED> </BOXHD> <ROW> <ENT I="01">Packing</ENT> <ENT/> <ENT/> </ROW> <ROW> <ENT I="01">Cartage</ENT> <ENT/> <ENT/> </ROW> <ROW> <ENT I="01">Inlandfreight</ENT> <ENT/> <ENT/> </ROW> <ROW> <ENT I="01">Wharfage and loading abroad</ENT> <ENT/> <ENT/> </ROW> <ROW> <ENT I="01">Lighterage</ENT> <ENT/> <ENT/> </ROW> <ROW> <ENT I="01">Ocean freight</ENT> <ENT/> <ENT/> </ROW> <ROW> <ENT I="01">U.S. duties</ENT> <ENT/> <ENT/> </ROW> <ROW> <ENT I="01">Other charges (identify by name and amount)</ENT> <ENT/> <ENT/> </ROW> <ROW> <ENT I="01">Total</ENT> <ENT/> <ENT/> </ROW> </GPOTABLE> <P>Country of origin ____________.</P> <P>If any other invoice is received, I will immediately file it with the Port Director.</P> <HALFDASH/> <FP SOURCE="FRP">(Signature of person</FP> <FP SOURCE="FRP">making invoice)</FP> <HALFDASH/> <FP SOURCE="FRP">(Title and firm name)</FP> <P SOURCE="P-DASH">Date</P> </EXTRACT> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 85-39, 50 FR 9612, Mar. 11, 1985]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.86</SECTNO> <SUBJECT>Contents of invoices and general requirements.</SUBJECT> <P>(a) <E T="03">General information required on the invoice.</E> Each invoice of imported merchandise, must set forth the following information:</P> <P>(1) The port of entry to which the merchandise is destined;</P> <P>(2) The time when, the place where, and the person by whom and the person to whom the merchandise is sold or agreed to be sold, or if to be imported otherwise than in pursuance of a purchase, the place from which shipped, the time when and the person to whom and the person by whom it is shipped;</P> <P>(3) A detailed description of the merchandise, including the name by which each item is known, the grade or quality, and the marks, numbers, and symbols under which sold by the seller or manufacturer to the trade in the country of exportation, together with the marks and numbers of the packages in which the merchandise is packed;</P> <P>(4) The quantities in the weights and measures of the country or place from which the merchandise is shipped, or in the weights and measures of the United States;</P> <P>(5) The purchase price of each item in the currency of the purchase, if the merchandise is shipped in pursuance of a purchase or an agreement to purchase;</P> <P>(6) If the merchandise is shipped otherwise than in pursuance of a purchase or an agreement to purchase, the value for each item, in the currency in which the transactions are usually made, or, in the absence of such value, the price in such currency that the manufacturer, seller, shipper, or owner would have received, or was willing to receive, for such merchandise if sold in the ordinary course of trade and in the usual wholesale quantities in the country of exportation;</P> <P>(7) The kind of currency, whether gold, silver, or paper;</P> <P>(8) All charges upon the merchandise itemized by name and amount, including freight, insurance, commission, cases, containers, coverings, and cost of packing; and if not included above, all charges, costs, and expenses incurred in bringing the merchandise from alongside the carrier at the port of exportation in the country of exportation and placing it alongside the carrier at the first United States port of entry. The cost of packing, cases, containers, and inland freight to the port of exportation need not be itemized by amount if included in the invoice price, and so identified. Where the required information does not appear on the invoice as originally prepared, it must be shown on an attachment to the invoice;</P> <P>(9) All rebates, drawbacks, and bounties, separately itemized, allowed upon the exportation of the merchandise;</P> <P>(10) The country of origin of the merchandise; and,</P> <P>(11) All goods or services furnished for the production of the merchandise <PRTPAGE P="32"/>(e.g., assists such as dies, molds, tools, engineering work) not included in the invoice price. However, goods or services furnished in the United States are excluded. Annual reports for goods and services, when approved by the port director, will be accepted as proof that the goods or services were provided.</P> <P>(b) <E T="03">Nonpurchased merchandise shipped by other than manufacturer.</E> Each invoice of imported merchandise shipped to a person in the United States by a person other than the manufacturer and otherwise than pursuant to a purchase or agreement to purchase must set forth the time when, the place where, the person from whom such merchandise was purchased, and the price paid therefor in the currency of the purchase, stating whether gold, silver, or paper.</P> <P>(c) <E T="03">Merchandise sold in transit.</E> If the merchandise is sold on the documents while in transit from the port of exportation to the port of entry, the original invoice reflecting the transaction under which the merchandise actually began its journey to the United States, and the resale invoice or a statement of sale showing the price paid for each item by the purchaser, must be filed as part of the entry, entry summary, or withdrawal documentation. If the original invoice cannot be obtained, a pro forma invoice showing the values and transaction reflected by the original invoice must be filed together with the resale invoice or statement.</P> <P>(d) <E T="03">Invoice to be in English.</E> The invoice and all attachments must be in the English language, or must have attached thereto an accurate English translation containing adequate information for examination of the merchandise and determination of duties.</P> <P>(e) <E T="03">Packing list.</E> Each invoice must state in adequate detail what merchandise is contained in each individual package.</P> <P>(f) <E T="03">Weights and measures.</E> If the invoice or entry does not disclose the weight, gage, or measure of the merchandise which is necessary to ascertain duties, the consignee must pay the expense of weighing, gaging, or measuring prior to the release of the merchandise from CBP custody.</P> <P>(g) <E T="03">Discounts.</E> Each invoice must set forth in detail, for each class or kind of merchandise, every discount from list or other base price which has been or may be allowed in fixing each purchase price or value.</P> <P>(h) <E T="03">Numbering of invoices and pages</E>—(1) <E T="03">Invoices.</E> Except when electronic invoice data are transmitted to CBP under the provisions of part 143 of this chapter, when more than one invoice is included in the same entry, each invoice with its attachments must be numbered consecutively by the importer on the bottom of the face of each page, beginning with No. 1.</P> <P>(2) <E T="03">Pages.</E> Except when electronic invoice data are transmitted to CBP under the provisions of part 143 of this chapter, if the invoice or invoices filed with one entry consist of more than two pages, each page must be numbered consecutively by the importer on the bottom of the face of each page, with the page numbering beginning with No. 1 for the first page of the first invoice and continuing in a single series of numbers through all the invoices and attachments included in one entry.</P> <P>(3) <E T="03">Both invoices and pages.</E> Except when electronic invoice data are transmitted to CBP under the provisions of part 143 of this chapter, both the invoice number and the page number must be shown at the bottom of each page when applicable. For example, an entry covering one invoice of one page and a second invoice of two pages must be paginated as follows: </P> <EXTRACT> <FP SOURCE="FP-1">Inv. 1, p. 1.</FP> <FP SOURCE="FP-1">Inv. 2, p. 2.</FP> <FP SOURCE="FP-1">Inv. 2, p. 3</FP> </EXTRACT> <P>(i) <E T="03">Information may be on invoice or attached thereto.</E> Any information required on an invoice by any provision of this subpart may be set forth either on the invoice or on an attachment thereto.</P> <P>(j) <E T="03">Name of responsible individual.</E> Each invoice of imported merchandise must identify by name a responsible employee of the exporter, who has knowledge, or who can readily obtain knowledge, of the transaction.</P> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 79-221, 44 FR 46820, Aug. 9, 1979; T.D. 85-39, 50 FR 9612, Mar. 11, 1985; CBP Dec. 09-47, 74 FR 69019, Dec. 30, 2009]</CITA> </SECTION> <SECTION> <PRTPAGE P="33"/> <SECTNO>§ 141.87</SECTNO> <SUBJECT>Breakdown on component materials.</SUBJECT> <P>Whenever the classification or appraisement of merchandise depends on the component materials, the invoice shall set forth a breakdown giving the value, weight, or other necessary measurement of each component material in sufficient detail to determine the correct duties.</P> </SECTION> <SECTION> <SECTNO>§ 141.88</SECTNO> <SUBJECT>Computed value.</SUBJECT> <P>When the port director determines that information as to computed value is necessary in the appraisement of any class or kind of merchandise, he shall so notify the importer, and thereafter invoices of such merchandise shall contain a verified statement by the manufacturer or producer of computed value as defined in § 402(e), Tariff Act of 1930, as amended by the Trade Agreements Act of 1979 (19 U.S.C. 1401a(e)).</P> <CITA>[T.D. 87-89, 52 FR 24445, July 1, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.89</SECTNO> <SUBJECT>Additional information for certain classes of merchandise.</SUBJECT> <P>(a) Invoices for the following classes of merchandise, classifiable under the Harmonized Tariff Schedule of the United States (HTSUS), shall set forth the additional information specified: [75-42, 75-239, 78-53, 83-251, 84-149.] </P> <EXTRACT> <P> <E T="03">Aluminum and alloys of aluminum</E> classifiable under subheadings 7601.10.60, 7601.20.60, 7601.20.90, or 7602.00.00, HTSUS (T.D. 53092, 55977, 56143)—Statement of the percentages by weight of any metallic element contained in the article.</P> <P> <E T="03">Articles manufactured of textile materials,</E> Coated or laminated with plastics or rubber, classifiable in Chapter(s) 39, 40, and 42—Include a description indicating whether the fabric is coated or laminated on both sides, on the exterior surface or on the interior surface.</P> <P> <E T="03">Bags manufactured of plastic sheeting</E> and not of a reinforced or laminated construction, classified in Chapter 39 or in heading 4202—Indicate the gauge of the plastic sheeting.</P> <P> <E T="03">Ball or roller bearings</E> classifiable under subheading 8482.10.50 through 8482.80.00, HTSUS (T.D. 68-306)—(1) Type of bearing (<E T="03">i.e.</E>, whether a ball or roller bearing); (2) If a roller bearing, whether a spherical, tapered, cylindrical, needled or other type; (3) Whether a combination bearing (<E T="03">i.e.</E>, a bearing containing both ball and roller bearings, etc.); and (4) If a ball bearing (not including ball bearing with integral shafts or parts of ball bearings), whether or not radial, the following: (a) outside diameter of each bearing; and (b) whether or not a radial bearing (the definition of radial bearing is, for Customs purposes, an antifriction bearing primarily designed to support a load perpendicular to shaft axis).</P> <P> <E T="03">Beads</E> (T.D. 50088, 55977)—(1) The length of the string, if strung; (2) The size of the beads expressed in millimeters; (3) The material of which the beads are composed, <E T="03">i.e.</E>, ivory, glass, imitation pearl, etc.</P> <P> <E T="03">Bed linen and Bedspreads</E>—Statement as to whether or not the article contains any embroidery, lace, braid, edging, trimming, piping or applique work.</P> <P> <E T="03">Chemicals</E>—Furnish the use and Chemical Abstracts Service number of chemical compounds classified in Chapters 27, 28 and 29, HTSUS.</P> <P> <E T="03">Colors, dyes, stains and related products</E> provided for under heading 3204, HTSUS—The following information is required: (1) Invoice name of product; (2) Trade name of product; (3) Identity and percent by weight of each component; (4) Color Index number (if none, so state); (5) Color Index generic name (if none so state); (6) Chemical Abstracts Service number of the active ingredient; (7) Class of merchandise (state whether acid type dye, basic dye, disperse dye, fluorescent brightener, soluble dye, vat dye, toner or other (describe); (8) Material to which applied (name the material for which the color, dye, or toner is primarily designed).</P> <P> <E T="03">Copper</E> (T.D. 45878, 50158, 55977) articles classifiable under the provisions of Chapter 74, HTSUS—A statement of the weight of articles of copper, and a statement of percentage of copper content and all other elements—by weight—to articles classifiable according to copper content.</P> <P> <E T="03">Copper ores and concentrates</E> (T.D. 45878, 50158, 55977) classifiable in heading 2603, and subheadings 2620.19.60, 2620.20.00, 2620.30.00, and heading 7401—Statement of the percentages by weight of the copper content and any other metallic elements.</P> <P> <E T="03">Cotton fabrics</E> classifiable under the following HTSUS headings: 5208, 5209, 5210, 5211, and 5212—(1) Marks on shipping packages; (2) Numbers on shipping packages; (3) Customer's call number, if any; (4) Exact width of the merchandise; (5) Detailed description of the merchandise; trade name, if any; whether bleached, unbleached, printed, composed of yarns of different color, or dyed; if composed of cotton and other materials, state the percentage of each component material by weight; (6) Number of single threads per square centimeter (All ply yarns must be counted in accordance with the number of single threads contained in the yarn; to illustrate: a cloth containing 100 two-ply yarns in one square centimeter must be reported as 200 single threads); (7) Exact <PRTPAGE P="34"/>weight per square meter in grams; (8) Average yarn number use this formula:</P> <MATH DEEP="26" SPAN="2"> <MID>EC14NO91.156</MID> </MATH> <FP>(9) Yarn size or sizes in the warp; (10) Yarn size or sizes in the filling; (11) Specify whether the yarns are combed or carded; (12) Number of colors or kinds (different yarn sizes or materials) in the filling; (13) Specify whether the fabric is napped or not napped; and (14) Specify the type of weave, for example, plain, twill, sateen, oxford, etc., and (15) Specify the type of machine on which woven: if with Jacquard (Jacq), if with Swivel (Swiv), if with Lappet (Lpt.), if with Dobby (Dobby).</FP> <P> <E T="03">Cotton raw</E> See § 151.82 of this chapter for additional information required on invoices.</P> <P> <E T="03">Cotton waste</E> (T.D. 5044)—(1) The name by which the cotton waste is known, such as “cotton card strips”; “cotton comber waste”; “cotton lap waste”; “cotton sliver waste”; “cotton roving waste”; “cotton fly waste”; etc.; (2) Whether the length of the cotton staple forming any cotton card strips covered by the invoice were made is less than 3.016 centimeters (1<FR>3/16</FR> inches) or is 3.016 centimeters (1<FR>3/16</FR> inches) or more.</P> <P> <E T="03">Earthenware or crockeryware</E> composed of a nonvitrified absorbent body (including white granite and semiporcelain earthenware and cream-colored ware, stoneware, and terra cotta, but not including common brown, gray, red, or yellow earthenware), embossed or plain; common salt-glazed stoneware; stoneware or earthenware crucibles; Rockingham earthenware; china, porcelain, or other vitrified wares, composed of a vitrified nonabsorbent body which, when broken, shows a vitrified, vitreous, semi-vitrified, or semivitreous fracture; and bisque or parian ware (T.D. 53236)—(1) If in sets, the kinds of articles in each set in the shipment and the quantity of each kind of article in each set in the shipment; (2) The exact maximum diameter, expressed in centimeters, of each size of all plates in the shipment; (3) The unit value for each style and size of plate, cup, saucer, or other separate piece in the shipment.</P> <P> <E T="03">Fish or fish livers</E> (T.D. 50725, 49640, 55977) imported in airtight containers classifiable under Chapter 3, HTSUS—(1) Statement whether the articles contain an oil, fat, or grease which has had a separate existence as an oil, fat, or grease, (2) The name and quantity of any such oil, fat, or grease.</P> <P> <E T="03">Footwear,</E> classifiable in headings 6401 through 6405 of the HTSUS—</P> <P>1. Manufacturer's style number.</P> <P>2. Importer's style and/or stock number.</P> <P>3. Percent by area of external surface area of upper (excluding reinforcements and accessories) which is: </P> <FP SOURCE="FP-1">Leather a. ____%</FP> <FP SOURCE="FP-1">Composition Leather b. ____%</FP> <FP SOURCE="FP-1">Rubber and/or plastics c. ____%</FP> <FP SOURCE="FP-1">Textile materials d. ____%</FP> <FP SOURCE="FP-1">Other (give separate e. ____%</FP> <FP SOURCE="FP-1">Percent for each f. ____%</FP> <FP SOURCE="FP-1">Type of material)</FP> <P>4. Percent by area of external Surface area of outersole (excluding reinforcements and accessories) which is: </P> <FP SOURCE="FP-1">Leather a. ____%</FP> <FP SOURCE="FP-1">Composition Leather b. ____%</FP> <FP SOURCE="FP-1">Rubber and/or plastics c. ____%</FP> <FP SOURCE="FP-1">Textile materials d. ____%</FP> <FP SOURCE="FP-1">Other (give separate e. ____%</FP> <FP SOURCE="FP-1">Percent for each f. ____%</FP> <FP SOURCE="FP-1">Type of material)</FP> <P>You may skip this section if you choose to answer <E T="03">all</E> questions A through Z below.</P> <P>I. If 3(a) is larger than any other percent in 3 and if 4(a) is larger than any other percent in 4, answer questions F, G, L, M, O, Q, R, S, and X.</P> <P>II. If 3(a) is larger than any other percent in 3 and if 4(c) is larger than any other percent in 4, answer questions F, G, L, M, N, O, Q, S and X.</P> <P>III. If 3(a) plus 3(b) is larger than any single percent in 3 and if 4(d), 4(e) or 4(f) is larger than any other percent in 4, stop.</P> <P>IV. If 3(c) is larger than any other percent in 3 and if 4(a) or 4(b) is larger than any other percent in 4, stop.</P> <P>V. If 3(c) is larger than any other percent in 3 and if 4(c) is larger than any other percent in 4, answer questions B, E, F, G, H, J, K, L, M, N, O, P, T and W.</P> <P>VI. If 3(d) is larger than any other percent in 3 and if 4(a) plus 4(b) is larger than any single percent in 4, answer questions C and D.</P> <P>VII. If 3(d) is larger than any other percent in 3 and if 4(c) is larger than any other percent in 4, answer questions A, C, J, K, M, N, P and T.</P> <P>VIII. If 3(d) is larger than any other percent in 3 and if 4(d) is larger than any other percent in 4, answer questions U, Y and Z.</P> <P>IX. If the article is made of paper, answer questions V and Z.<PRTPAGE P="35"/> </P> <P>If the article does not meet any of conditions I through IX above, answer all questions A through Z, below.</P> <FP SOURCE="FP-DASH"/> <FP SOURCE="FP-DASH"/> <FP SOURCE="FP-1">A Percent of external surface area of upper (including leather reinforcements and accessories)</FP> <FP SOURCE="FP-1">Which is leather _____%</FP> <FP SOURCE="FP-1">B Percent by area of external surface area of upper (<E T="03">including</E> all reinforcements and accessories).</FP> <FP SOURCE="FP-1">Which is rubber and/or plastics _____%</FP> <FP SOURCE="FP-1">C Percent by weight of rubber and/or plastics is _____%</FP> <FP SOURCE="FP-1">D Percent by weight of textile materials plus rubber and/or plastics is _____%</FP> <FP SOURCE="FP-1">E Is it waterproof?</FP> <FP SOURCE="FP-1">F Does it have a protective metal toe cap?</FP> <FP SOURCE="FP-1">G Will it cover the wearer's ankle bone?</FP> <FP SOURCE="FP-1">H Will it cover the wearer's knee cap?</FP> <FP SOURCE="FP-1">I [Reserved.]</FP> <FP SOURCE="FP-1">J Is it designed to protect against water, oil, grease, or chemicals, or cold or inclement weather?</FP> <FP SOURCE="FP-1">K Is it a slip-on?</FP> <FP SOURCE="FP-1">L Is it a downhill or cross-country skiboot?</FP> <FP SOURCE="FP-1">M Is it serious sports footwear other than skiboots? (Chapter 64 subheading note defines sports footwear.)</FP> <FP SOURCE="FP-1">N Is it a tennis, basketball, gym, or training shoe or the like?</FP> <FP SOURCE="FP-1">O Is it made on a base or platform of wood?</FP> <FP SOURCE="FP-1">P Does it have open toes or open heels?</FP> <FP SOURCE="FP-1">Q Is it made by the (lipped insole) welt construction?</FP> <FP SOURCE="FP-1">R Is it made by the turned construction?</FP> <FP SOURCE="FP-1">S Is it worn exclusively by men, boys or youths?</FP> <FP SOURCE="FP-1">T Is it made by an exclusively adhesive construction?</FP> <FP SOURCE="FP-1">U Are the fibers of the upper, by weight, predominately vegetable fibers?</FP> <FP SOURCE="FP-1">V Is it disposable, <E T="03">i.e.</E>, intended for one-time use?</FP> <FP SOURCE="FP-1">W Is it a “Zori”?</FP> <FP SOURCE="FP-1">X Is the leather in the upper pigskin?</FP> <FP SOURCE="FP-1">Y Are the sole and upper made of woolfelt?</FP> <FP SOURCE="FP-1">Z Is there a line of demarcation between the outer sole and upper?</FP> <P>The information requested above may be furnished on CF 5523 or other appropriate format by the exporter, manufacturer or shipper.</P> <P>Also, the following information must be furnished by the importer or his authorized agent if classification is claimed under one of the subheadings below:</P> <P>If subheading 6401.99.80, 6402.19.10, 6402.30.30, 6402.91.40, 6402.99.15, 6402.99.30, 6406.11.40, 6404.11.60, 6404.19.35, 6404.19.40, or 6404.19.60 is claimed:</P> <P>Does the shoe have a foxing or foxing-like band? If so, state its materials(s).</P> <P>Does the sole overlap the upper other than just at the front of the toe and/or at the back of the heel?</P> <P> <E T="03">Definitions</E> for some of the terms used in questions A to Z above: For the purpose of this section, the following terms have the approximate definitions below. If either a more complete definition or a decision as to its application to a particular article is needed, the maker or importer of record (or the agent of either) should contact Customs prior to entry of the article.</P> <P>a. In an <E T="03">exclusively adhesive construction,</E> all of the piece(s) of the bottom would separate from the upper or from each other if all adhesives, cements, and glues were dissolved. It includes shoes in which the pieces of the upper are stitched to each other, but not to any part of the bottom. Examples include:</P> <P>1. Vulcanized construction footwear;</P> <P>2. Simultaneous molded construction footwear;</P> <P>3. Molded footwear in which the upper and the bottom are one piece of molded rubber or plastic, and</P> <P>4. Footwear in which staples, rivets, stitching, or any of the methods above are either primary or just extra or auxiliary, even though adhesive is a major part of the reason the bottom will not separate from the upper.</P> <P>b. <E T="03">Composition leather</E> is made by binding together leather fibers or small pieces of natural leather. It does not include imitation leathers not based on natural leather.</P> <P>c. <E T="03">Leather</E> is the tanned skin of any animal from which the fur or hair has been removed. Tanned skins coated or laminated with rubber and/or plastics are “leather” only if the leather gives the material its essential character.</P> <P>d. A <E T="03">line of demarcation</E> exists if one can indicate where the sole ends and the upper begins. For example, knit booties do not normally have a line of demarcation.</P> <P>e. <E T="03">Men's, boys' and youths'</E> sizes cover footwear of American youths sizes 11<FR>1/2</FR> and larger for males, and do not include footwear commonly worn by both sexes. If more than 4% of the shoes sold in a given size will be worn by females, that size is “commonly worn by both sexes.”</P> <P>f. Footwear is designed to <E T="03">protect</E> against water, oil or cold or inclement weather only if it is substantially more of a protection against those items than the usual shoes of that type. For example, leather oxfords will clearly keep one's feet warmer and drier than going barefoot, but they are not a protection in this sense. On the other hand the snow-jobber is the protective version of the nonprotective jogging shoe.</P> <P>g. <E T="03">Rubber and/or plastics</E> includes any textile material visibly coated (or covered) externally with one or both of those materials.</P> <P>h. <E T="03">Slip-on</E> includes:</P> <P>1. A boot which must be pulled on.</P> <P>2. Footwear with elastic cores which must be stretched to get it on, but not bootwear having a separate piece of elasticized fabric <PRTPAGE P="36"/>which forms a full circle around the foot or ankle.</P> <P>i. <E T="03">Sports footwear</E> includes only:</P> <P>(1) Footwear which is designed for a sporting activity and has, or has provision for, the attachment of spikes, sprigs, cleats, stops, clips, bars or the like;</P> <P>(2) Skating boots (without skates attached), ski boots and cross-country ski footwear, wrestling boots, boxing boots and cycling shoes.</P> <P>j. <E T="03">Tennis shoes, basketball shoes, gym shoes, training shoes and the like</E> covers athletic footwear other than sports footwear, whether or not principally used for such athletic games or purposes.</P> <P>k. <E T="03">Textile materials</E> are made from cotton, other vegetable fibers, wool, hair, silk or man-made fibers. Note: Cork, wood carboard and leather are not textile materials.</P> <P>l. In <E T="03">turned</E> construction, the upper is stitched to the leather sole wrong side out and the shoe is then turned right side out.</P> <P>m. <E T="03">Vegetable fibers</E> include cotton, flax and ramie, but do not include either rayon or plaiting materials such as rattan or wood strips.</P> <P>n. <E T="03">Waterproof footwear</E> includes footwear designed to protect against penetration by water or other liquids, whether or not such footwear is primarily designed for such purposes.</P> <P>o. <E T="03">Welt footwear</E> means footwear constructed with a welt, which extends around the edge of the outer sole, and in which the welt and shoe upper are sewed to a lip on the surface of the insole, and the outer sole is sewed or cemented to the welt.</P> <P>p. A <E T="03">zori</E> has an upper consisting only of straps or thongs of molded rubber or plastic. This upper is assembled to a foamed rubber or plastic sole by means of plugs.</P> <P> <E T="03">Fur products and furs</E> (T.D. 53064)—(1) Name or names (as set forth in the Fur Products Name Guide (16 CFR 301.0) of the animal or animals that produced the fur, and such qualifying statements as may be required pursuant to § 7(c) of the Fur Products Labeling Act (15 U.S.C. 69e(c)); (2) A statement that the fur product contains or is composed of used fur, when such is the fact; (3) A statement that fur product contains or is composed of bleached, dyed, or otherwise artificially colored fur, when such is the fact; (4) A statement that the fur product is composed wholly or in substantial part of paws, tails, bellies, or waste fur, when such is the fact; (5) Name and address of the manufacturer of the fur product; (6) Name of the country of origin of the furs or those contained in the fur product.</P> <P> <E T="03">Glassware and other glass products</E> (T.D. 53079, 55977)—Classifiable under Heading 7013 HTSUS—Statement of the separate value of each component article in the set.</P> <P> <E T="03">Gloves—</E>State if the merchandise has a plastics or a rubber exterior. (See Chapter 59, Note 2(a)(3)).</P> <P> <E T="03">Grain or grain and screenings</E> (T.D. 51284)—Statement on Customs invoices for cultivated grain or grain and screenings that no screenings are included with the grain, or, if there are screenings included, the percentage of the shipment which consists of screenings commingled with the principal grain.</P> <P> <E T="03">Handkerchiefs</E>—(1) State the exact dimensions (length and width) of the merchandise; (2) If of cotton indicate whether the handkerchief is hemmed and whether it contains lace or embroidery.</P> <P> <E T="03">Hats or headgear</E>—(1) If classifiable under subheading 6502.00.40 or 6502.00.60, HTSUS—Statement as to whether or not the article has been bleached or colored; (2) If classifiable under subheadings 6502.00.20 through 6502.00.60 or 6504.00.30 through 6504.00.90, HTSUS—Statement as to whether or not the article is sewed or not sewed, exclusive of any ornamentation or trimming.</P> <P> <E T="03">Hosiery</E>—(1) Indicate whether a single yarn measures less than 67 decitex. (2) Indicate whether the hosiery is full length, knee length, or less than knee length. (3) Indicate whether it contains lace or net.</P> <P> <E T="03">Iron or steel</E> classifiable in Chapter 72 or headings 7301 to 7307, HTSUS (T.D. 53092, 55977)—Statement of the percentages by weight or carbon and any metallic elements contained in the articles, in the form of a mill analysis or mill test certificate.</P> <P> <E T="03">Iron oxide</E> (T.D. 49989, 50107)—For iron oxide to which a reduced rate of duty is applicable, a statement of the method of preparation of the oxide, together with the patent number, if any.</P> <P> <E T="03">Machines, equipment and apparatus—</E>Chapters 84 and 85, HTSUS—A statement as to the use or method of operation of each type of machine.</P> <P> <E T="03">Machine parts</E> (T.D. 51616)—Statement specifying the kind of machine for which the parts are intended, or if this is not known to the shipper, the kinds of machines for which the parts are suitable.</P> <P> <E T="03">Machine tools:</E> (1) Headings 8456 through 8462—machine tools covered by these headings equipped with a CNC (Computer Numerical Control) or the facings (electrical interface) for a CNC must state so; (2) Headings 8458 through 8463—machine tools covered by these headings if used or rebuilt must state so; (3) Subheading 8456.30.10—EDM: (Electical Discharge Machines) if a Traveling Wire (Wire Cut) type must state so. Wire EDM's use a copper or brass wire for the electrode; (4) Subheading 8457.10.00—Machining Centers. Must state whether or not they have an ATC (Automatic Tool Changer). Vertical spindle maching centers with an ATC must also indicate the Y-travel; (5) Subheading 8458.11.0030 through 8458.11.0090—horizontal <PRTPAGE P="37"/>lathes: numerically controlled. Must indicate the rated HP (or KW rating) of the main spindle motor. Use the continuous rather than the 30 minute rating.</P> <P> <E T="03">Madeira embroideries</E> (T.D. 49988)—(1) With respect to the materials used, furnish: (a) country of production; (b) width of the material in the piece; (c) name of the manufacturer; (d) kind of material, indicating manufacturer's quality number; (e) landed cost of the material used in each item; (f) date of the order; (g) date of the invoice; (h) invoice unit value in the currency of the purchase; (i) discount from purchase price allowed, if any; (2) With respect to the finished embroidered articles, furnish: (a) manufacturers's name, design number, and quality number; (b) importer's design number, if any; (c) finished size; (d) number of embroidery points per unit of quantity; (e) total for overhead and profit added in arriving at the price or value of the merchandise covered by the invoice.</P> <P> <E T="03">Motion-picture films</E>—(1) Statement of footage, title, and subject matter of each film; (2) Declaration of shipper, cameraman, or other person with knowledge of the facts identifying the films with the invoice and stating that the basic films were to the best of his knowledge and belief exposed abroad and returned for use as newsreel; (3) Declaration of importer that he believes the films entered by him are the ones covered by the preceding declaration and that the films are intended for use as newsreel.</P> <P> <E T="03">Paper</E> classifiable in Chapter 48—Invoices covering paper shall contain the following information, or will be accompanied by specification sheets containing such information:</P> <P>(1) Weight of paper in grams per square meter; (2) Thickness, in micrometers (microns); (3) If imported in rectangular sheets, length and width of sheets, in cm; (4) if imported in strips, or rolls, the width, in cm. In the case of rolls, the diameter of rolls in cm; (5) Whether the paper is coated or impregnated, and with what materials; (6) Weight of coating, in grams per square meter; (7) Percentage by weight of the total fiber content consisting of wood fibers obtained by a mechanical process, chemical sulfate or soda process, chemical sulfite process, or semi-chemical process, as appropriate; (8) Commercial designation, as “Writing”, “Cover”, “Drawing”, “Bristol”, “Newsprint”, etc.; (9) Ash content; (10) Color; (11) Glaze, or finish; (12) Mullen bursting strength, and Mullen index; (13) Stretch factor, in machine direction and in cross direction; (14) Tear and tensile readings; in machine direction, in cross direction, and in machine direction plus cross direction; (15) Identification of fibers as “hardwood” where appropriate; (16) Crush resistance; (17) Brightness; (18) Smoothness; (19) If bleached, whether bleached uniformly throughout the mass; (20) Whether embossed, perforated, creped or crinkled.</P> <P> <E T="03">Plastic plates, sheets, film, foil and strip</E> of headings 3920 and 3921—(1) Statement as to whether the plastic is cellular or noncellular; (2) Specification of the type of plastic; (3) Indication of whether or not flexible and whether combined with textile or other material.</P> <P> <E T="03">Printed matter</E> classificable in Chapter 49—Printed matter entered in the following headings shall have, on or with the invoices covering such matter, the following information: (1) <E T="03">Heading 4901</E>—(a) Whether the books are: dictionaries, encyclopedias, textbooks, bound newspapers or journals or periodicals, directories, bibles or other prayer books, technical, scientific or professional books, art or pictorial books, or “other” books; (b) if “other” books, whether hardbound or paperbound; (c) if “other” books, paperbound, other than “rack size”: number of pages (excluding covers). (2) <E T="03">Heading 4902</E>—(a) Whether the journal or periodical appears at least four times a week. If the journal or periodical appears other than at least four times a week, whether it is a newspaper supplement printed by a gravure process, is it a newspaper, business or professional journal or periodical, or other than these; (3) <E T="03">Heading 4904</E>—Whether the printed or manuscript music is sheet music, not bound (except by stapling or folding); (4) <E T="03">Heading 4905</E>—(a) Whether globes or not; (b) if not globes, whether in book form or not; (c) in any case, whether or not in relief; (5) <E T="03">Heading 4908</E>—Whether or not vitrifiable; (6) <E T="03">Heading 4904</E>—Whether post cards, greeting cards, or other; (7) <E T="03">Heading 4910</E>—(a) Whether or not printed on paper by a lithographic process; (b) if printed on paper by a lithographic process, the thickness of the paper, in mm; (8) <E T="03">Subheading 4911.91</E>—(a) Whether or not printed over 20 years at time of importation; (b) if printed not over 20 years at time of importation, whether suitable for use in the production of articles of heading 4901; (c) if not printed over 20 years at time of importation, and not suitable for use in the production of articles of heading 4901, whether the merchandise is lithographs on paper or paperboard; (d) if lithographs on paper or paperboard, under the terms of the immediately preceding description, thickness of the paper or paperboard, and whether or not posters; (e) in any case, whether or not posters; (f) in any case, whether or not photographic negatives or positives on transparent bases; (g) <E T="03">Subheading 4911.99</E>—If not carnets, or parts thereof, in English or French, whether or not printed on paper in whole or in part by a lithographic process.</P> <P> <E T="03">Pulp</E> classifiable in Chapter 47—(1) Invoices covering chemical woodpulp, dissolving grades, in <E T="03">Heading 4702</E> shall state the insoluble fraction (as a percentage) after 1 hour in a caustic soda solution containing 18% sodium hydroxide (NaOH) at 20 °C; (2) <E T="03">Subheading 4702.00.0020</E>—Pulp entered under this <PRTPAGE P="38"/>subheading shall in addition contain on or with the invoice the ash content as a percentage to the third decimal point, by weight.</P> <P> <E T="03">Refrigeration equipment</E>—(1) Refrigerator-freezers classifiable under subheading 8418.10.00 and (2) refrigerators classifiable under subheading 8418.21.00—(a) Statement as to whether they are compression or absorption type; (b) Statement of their refrigerated volume in liters. (3) Freezers classifiable under subheading 8418.30.00 and 8418.40.00—Statement as to whether they are chest or upright type. (4) Liquid chilling refrigerating units classifiable under subheadings 8418.69.0045 through 8418.69.0060—Statement as to whether they are centrifugal open-type, centrifugal hermetic-type, absorption-type or reciprocating type.</P> <P> <E T="03">Rolling mills</E>—Subheadings 8455.30.0005 through 8455.30.0085. Rolls for rolling mills: Indicate the composition of the roll—gray iron, cast steel or other—and the weight of each roll.</P> <P> <E T="03">Rubber products of Chapter 40</E>—(1) Statement as to whether combined with textile or other material; (2) Statement whether the rubber is cellular or noncellular, unvulcanized or vulcanized, and if vulcanized, whether hard rubber or other than hard rubber.</P> <P> <E T="03">Screenings or scalpings of grains or seeds</E> (T.D. 51096)—(1) Whether the commodity is the product of a screening process; (2) If so, whether any cultivated grains have been added to such commodity; (3) If any such grains have been added, the kind and percentage of each.</P> <P> <E T="03">Textile fiber products</E> (T.D. 55095)—(1) The constituent fiber or combination of fibers in the textile fiber product, designating with equal prominence each natural or manufactured fiber in the textile fiber product by its generic name in the order of predominance by the weight thereof if the weight of such fiber is 5 per centum or more of the total fiber weight of the product; (2) The percentage of each fiber present, by weight, in the total fiber content of the textile fiber product; (3) The name, or other identification issued and registered by the Federal Trade Commission, of the manufacturer of the product or one or more persons subject to § 3 of the Textile Fiber Products Identification Act (15 U.S.C. 70a) with respect to such product; (4) The name of the country where processed or manufactured. <E T="03">See also</E> “Wearing Apparel” below.</P> <P> <E T="03">Tires and tubes for tires,</E> of rubber or plastics—(1) Specify the kind of vehicle for which the tire is intended, <E T="03">i.e.</E>, airplane, bicycle, passenger car, on-the-highway light or heavy truck or bus, motorcycle; (2) If designed for tractors provided for in subheading 8701.90.10 or for agricultural or horticultural machinery or implements provided for in Chapter 84 or in subheading 8716.80.10, designate whether the tire is new, recapped, or used; pneumatic or solid; (3) Indicate whether the tube is designed for tires provided for in subheading 4011.91.10, 4011.99.10, 4012.10.20, or 4012.20.20.</P> <P> <E T="03">Tobacco (including tobacco in its natural state)</E> (T.D. 44854, 45871)—(1) Specify in detail the character of the tobacco in each bale by giving (a) country and province of origin, (b) year of production, (c) grade or grades in each bale, (d) number of carrots or pounds of each grade if more than one grade is packed in a bale, (e) the time when, place where, and person from whom purchased, (f) price paid or to be paid for each bale or package, or price for the vega or lot if purchased in bulk, or if obtained otherwise than by purchase, state the actual market value per bale; (2) If an invoice covers or includes bales of tobacco which are part of a vega or lot purchased in bulk, the invoice must contain or be accompanied by a full description of the vega or lot purchased; or if such description has been furnished with a previous importation, the date and identity of such shipment; (3) Packages or bales containing only filler leaf shall be invoiced as filler; when containing filler and wrapper but not more than 35 percent of wrapper, they shall be invoiced as mixed; and when containing more than 35 percent of wrapper, they shall be invoiced as wrapper.</P> <P> <E T="03">Watches and watch movements</E> classifiable in Chapter 91 of the HTSUS—For all commercial shipments of such articles, there shall be required to be shown on the invoice, or on a separate sheet attached to and constituting a part of the invoice, such information as will reflect with respect to each group, type, or model, the following:</P> <P>(A) For watches, a thorough description of the composition of the watch cases, the bracelets, bands or straps; the commercial description (ebauche caliber number, ligne size and number of jewels) of the movements contained in the watches; and the type of battery (manufacturer's name and reference number), if the watch is battery-operated;</P> <P>(B) For watch movements, the commercial description (ebauche caliber number, ligne size and number of jewels). If battery-operated, the type of battery (manufacturer's name and reference number);</P> <P>(C) The name of the manufacturer of the exported watch movements and the name of the country in which the movements were manufactured.</P> <P> <E T="03">Wearing apparel</E>—(1) All invoices for textile wearing apparel should indicate a component material breakdown in percentages by weight for all component fibers present in the entire garment, as well as separate breakdowns of the fibers in the (outer) shell (exclusive of linings, cuffs, waistbands, collars and other trimmings) and in the lining. (2) For garments which are constructed of <PRTPAGE P="39"/>more than one component or material (combinations of knit and not knit fabric or combinations of knit and/or not knit fabric with leather, fur, plastic including vinyl, etc.), the invoice must show a fiber breakdown in percentages by weight for each separate textile material in the garment and a breakdown in percentages by weight for each nontextile material for the entire garment; (3) For woven garments—Indicate whether the fabric is yarn dyed and whether there are “two or more colors in the warp and/or filling”; (4) For all-white T-shirts and singlets—Indicate whether or not the garment contains pockets, trim, or embroidery; (5) For mufflers—State the exact dimensions (length and width) of the merchandise.</P> <P> <E T="03">Wood products</E>—(1) Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or finger-jointed, of a thickness exceeding 6 mm (lumber), classifiable under Chapter 44, heading 4407, HTSUS, and wood continuously shaped along any of its edges or faces, whether or not planed, sanded or finger-jointed: Coniferous: Subheading 4409.10.90 and Nonconiferous: Subheading 4409.20.90, HTSUS, and dutiable on the basis of cubic meters—</P> <P>Quantity in cubic meters (m) before dressing; (2) Fiberboard of wood or other ligneous materials whether or not bonded with resins or other organic substances, under Chapter 44, Heading 4411, HTSUS, and classifiable according to its density—Density in grams per cubic centimeter (cm); (3) Plywood consisting solely of sheets of wood, classifiable under Chapter 44, Subheading 4412.11, 4412.12, and 4412.19, HTSUS, and classifiable according to the thickness of the wood sheets—Thickness of each ply in millimeter (mm).</P> <P> <E T="03">Wool and hair</E>—See § 151.62 of this chapter for additional information required on invoices.</P> <P> <E T="03">Wool products,</E> except carpets, rugs, mats, and upholsteries, and wool products made more than 20 years before importation (T.D. 50388, 51019)—(1) The percentage of the total fiber weight of the wool product, exclusive of ornamentation not exceeding 5 per centum of said total fiber weight, of (a) wool; (b) reprocessed wool; (c) reused wool; (d) each fiber other than wool if said percentage by weight of such fiber is 5 per centum or more; and (e) the aggregate of all other fibers; (2) the maximum percentage of the total weight of the wool product, of any nonfibrous loading, filling, or adulterating matter; and (3) the name of the manufacturer of the wool product, except when such product consists of mixed wastes, residues, and similar merchandise obtained from several suppliers or unknown sources.</P> <P> <E T="03">Woven fabric of man-made fibers</E> in headings 5407, 5408, 5512, 5513, 5514, 5515, 5516—</P> <P>(1) State the exact width of the fabric;</P> <P>(2) Provide a detailed description of the merchandise, (trade name, if any);</P> <P>(3) Indicate whether bleached, unbleached, dyed, of yarns of different colors and/or printed;</P> <P>(4) If composed of more than one material, list percentage by weight in each;</P> <P>(5) Identify the man-made fibers as artificial or synthetic, filament or staple, and state whether the yarns are high tenacity. Specify the number of turns per meter in each yarn;</P> <P>(6) Specify yarn sizes in warp and filling;</P> <P>(7) Specify how the fabric is woven (plain weave, twill, sateen, dobby, jacquard, swivel, lappet, etc.);</P> <P>(8) Indicate the number of single threads per square centimeter in both warp and filling;</P> <P>(9) Supply the weight per square meter in grams;</P> <P>(10) Provide the average yarn number using this formula:</P> <MATH DEEP="26" SPAN="2"> <MID>EC14NO91.157</MID> </MATH> <P>(11) For spun yarns, specify whether combed or carded.</P> <P>(12) For filament yarns, specify whether textured or not textured.</P> <P> <E T="03">Yarns</E>—(1) All yarn invoices should show: (a) Fiber content by weight; (b) whether single or plied; (c) whether or not put up for retail sale (<E T="03">See</E> Section XI, Note 4, HTSUS); (d) whether or not intended for use as sewing thread;</P> <P>(2) If chief weight of silk—show whether spun or filament;</P> <P>(3) If chief weight of cotton—show:</P> <P>(a) Whether combed or uncombed</P> <P>(b) Metric number (mn)</P> <P>(c) Whether bleached and/or mercerized;</P> <P>(4) If chief weight of man-made fiber—show:</P> <P>(a) Whether filament, or spun, or a combination of filament and spun</P> <P>(b) If a combination of filament and spun—give percentage of filament and spun by weight.</P> <P>(5) If chief weight of filament man-made fiber—show:<PRTPAGE P="40"/> </P> <P>(a) Whether high tenacity (See Section XI, note 6 HTSUS).</P> <P>(b) Whether monofilament, multifilament or strip</P> <P>(c) Whether texturized</P> <P>(d) Yarn number in decitex</P> <P>(e) Number of turns per meter</P> <P>(f) For monofilaments—show cross sectional dimension in millimeters</P> <P>(g) For strips—show the width of the strip in millimeters (measure in folded or twisted condition if so imported).</P> </EXTRACT> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> citations affecting § 141.89, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at <E T="03">www.fdsys.gov</E>.</P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 141.90</SECTNO> <SUBJECT>Notation of tariff classification and value on invoice.</SUBJECT> <P>(a) [Reserved]</P> <P>(b) <E T="03">Classification and rate of duty.</E> The importer or customs broker must include on the invoice or with the invoice data the appropriate subheading under the provisions of the Harmonized Tariff Schedule of the United States (19 U.S.C. 1202) and the rate of duty for the merchandise being entered. Except when invoice line data are linked to an entry summary line and transmitted to CBP electronically under the provisions of part 143, that information must be noted by the importer or customs broker in the left-hand portion of the invoice, next to the articles to which they apply.</P> <P>(c) <E T="03">Value.</E> The importer must show in clear detail on the invoice or on an attached statement the computation of all deductions from total invoice value, such as nondutiable charges, and all additions to invoice value which have been made to arrive at the aggregate entered value. In addition, the entered unit value for each article on the invoice must be shown where it is different from the invoiced unit value.</P> <P>(d) <E T="03">Importer's notations in blue or black ink.</E> Except when invoice line data are linked to an entry summary line and transmitted to CBP electronically under the provisions of part 143, all notations made on the invoice by the importer or customs broker must be in blue or black ink.</P> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 89-1, 53 FR 51262, Dec. 21, 1988; T.D. 99-64, 64 FR 43266, Aug. 10, 1999; CBP Dec. 09-47, 74 FR 69019, Dec. 30, 2009]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.91</SECTNO> <SUBJECT>Entry without required invoice.</SUBJECT> <P>If a required invoice is not available in proper form at the time the entry or entry summary documentation is filed and a waiver is not granted in accordance with § 141.92, the entry or entry summary documentation shall be accepted only under the following conditions:</P> <P>(a) The port director is satisfied that the failure to produce the required invoice is due to a cause beyond the control of the importer;</P> <P>(b) The importer files:</P> <P>(1) A written declaration that he is unable to produce such invoice, and</P> <P>(2) Any seller's or shipper's invoices available to him or, if none are available, a pro forma invoice in accordance with § 141.85;</P> <P>(c) The invoices and other documents contain information adequate for the examination of merchandise, the determination of estimated duties, if any, and statistical purposes; and</P> <P>(d) The importer files a bond on Customs Form 301, containing the bond conditions set forth in § 113.62 of this chapter, in an amount equal to one and one-half the invoice value of the merchandise, for the production of the required invoice, which must be produced within 120 days after the date of the filing of the entry summary (or the entry, if there is no entry summary) documentation, unless the invoice is needed for statistical purposes. If needed for statistical purposes, the invoice shall be produced within 50 days after the date of the entry summary (or the entry, if there is no entry summary) is required to be filed, unless a reasonable extension of time is granted by the port director for good cause shown.</P> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 79-221, 44 FR 46821, Aug. 9, 1979; T.D. 84-213, 49 FR 41184, Oct. 19, 1984; T.D. 85-167, 50 FR 40363, Oct. 3, 1985; T.D. 93-66, 58 FR 44130, Aug. 19, 1993]</CITA> </SECTION> <SECTION> <PRTPAGE P="41"/> <SECTNO>§ 141.92</SECTNO> <SUBJECT>Waiver of invoice requirements.</SUBJECT> <P>(a) <E T="03">When waiver may be granted.</E> The port director may waive production of a required invoice when he is satisfied that either:</P> <P>(1) The importer cannot by reason of conditions beyond his control furnish a complete and accurate invoice; or</P> <P>(2) The examination of merchandise, final determination of duties, and collection of statistics can be effected properly without the production of the required invoice.</P> <P>(b) <E T="03">Documents to be filed by importer.</E> As a condition to the granting of a waiver, the importer shall file the following documents with the entry:</P> <P>(1) Any invoice or invoices received from the seller or shipper;</P> <P>(2) A statement pointing out in exact detail any inaccuracies, omissions, or other defects in such invoice or invoices;</P> <P>(3) An executed pro forma invoice in accordance with § 141.85; and</P> <P>(4) Any other information required by the port director for either appraisement or classification of the merchandise, or for statistical purposes.</P> <P>(c) <E T="03">Satisfaction of bond liability.</E> The liability under the bond on Customs Form 301, containing the bond conditions set forth in § 113.62 of this chapter for the production of a correct invoice shall be deemed satisfied when a waiver has been granted pursuant to this section.</P> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 78-53, 43 FR 6070, Feb. 13, 1978; T.D. 79-221, 44 FR 46821, Aug. 9, 1979; T.D. 84-213, 49 FR 41184, Oct. 19, 1984; 49 FR 44867, Nov. 9, 1984; T.D. 93-66, 58 FR 44130, Aug. 19, 1993]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart G—Deposit of Estimated Duties</HD> <SECTION> <SECTNO>§ 141.101</SECTNO> <SUBJECT>Time of deposit.</SUBJECT> <P>Estimated duties shall either be deposited with the Customs officer designated to receive the duties at the time of the filing of the entry documentation or the entry summary documentation when it serves as both the entry and entry summary, or be transmitted to Customs according to the statement processing method as described in § 24.25 of this chapter, except in the following cases:</P> <P>(a) <E T="03">Merchandise released under entry documentation.</E> In the case of merchandise released under the entry documentation listed in § 142.3 of this chapter before filing of the entry summary, deposit of estimated duties shall be made at the time the entry summary is filed unless the merchandise is entered for warehouse. If the merchandise is entered for warehouse, estimated duties shall be deposited in accordance with paragraph (b) of this section.</P> <P>(b) <E T="03">Warehouse entry.</E> In the case of merchandise entered for warehouse, deposit of estimated duties shall be made at the time the withdrawal for consumption is presented.</P> <P>(c) <E T="03">Informal mail entry.</E> In the case of merchandise entered under an informal mail entry, duties shall be paid to the postal employee at the time he delivers the merchandise to the addressee (see part 145 of this chapter).</P> <P>(d) <E T="03">Appraisement entries.</E> In the case of merchandise entered under an appraisement entry, deposit of estimated duties shall be made immediately after notification by the appropriate Customs officer of the amount of duties due.</P> <P>(e) <E T="03">Entry for transportation or under bond.</E> No deposit of estimated duties is applicable in the case of merchandise entered for transportation or temporarily imported under bond, entered for permanent exhibition under bond, entered for a trade fair under bond or entered under bond for similar reasons.</P> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 79-221, 44 FR 46821, Aug. 9, 1979; T.D. 84-213, 49 FR 41184, Oct. 19, 1984; 49 FR 44867, Nov. 9, 1984; T.D. 89-104, 54 FR 50498, Dec. 7, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.102</SECTNO> <SUBJECT>When deposit of estimated duties, estimated taxes, or both not required.</SUBJECT> <P>Entry or withdrawal for consumption in the following situations may be made without depositing the estimated Customs duties, or estimated taxes, or both, as specifically noted:</P> <P>(a) <E T="03">Cigars and cigarettes.</E> A qualified dealer or manufacturer may enter or withdraw for consumption cigars, cigarettes, and cigarette papers and tubes without payment of internal revenue <PRTPAGE P="42"/>tax in accordance with § 11.2a of this chapter.</P> <P>(b) <E T="03">Bulk distilled spirits transferred to the bonded premises of a distilled spirits plant.</E> An importer may transfer distilled spirits in bulk to the bonded premises of a distilled spirits plant, without the payment of tax, under the provisions of section 5232(a), Internal Revenue Code of 1986 (26 U.S.C. 5232(a)), and the regulations of the Bureau of Alcohol, Tobacco and Firearms (27 CFR part 251).</P> <P>(c) <E T="03">Deferral of payment of taxes on alcoholic beverages.</E> An importer may pay on a semimonthly basis the estimated internal revenue taxes on all the alcoholic beverages entered or withdrawn for consumption during that period, under the procedures set forth in § 24.4 of this chapter.</P> <P>(d) <E T="03">Government entries.</E> If a shipment is entered or withdrawn for consumption by a U.S. Government department or agency, or an authorized representative thereof, no deposit of estimated Customs duties or taxes shall be required if a stipulation is furnished in lieu of the bond. The proper department or agency will then be billed after liquidation of the entry for any duties or charges due. The stipulation shall be in the following form: </P> <EXTRACT> <P SOURCE="P-DASH">I, __________________ (title), a duly authorized representative of the</P> <FP SOURCE="FP-DASH"/> <P SOURCE="P-DASH">(name of U.S. Government department or agency) stipulate and agree on behalf of such department or agency that all applicable provisions of the Tariff Act of 1930, as amended, and the regulations thereunder, and of all other laws and regulations, relating to</P> <FP SOURCE="FP-DASH"/> <P SOURCE="P2">(type of entry)</P> <FP SOURCE="FP-DASH"/> <FP>entry No. ______, of ______ (date) will be observed and complied with in all respects.</FP> <HALFDASH/> <FP SOURCE="FRP">(Signature)</FP> </EXTRACT> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 78-329, 43 FR 43455, Sept. 26, 1978; T.D. 84-213, 49 FR 41184, Oct. 19, 1984; T.D. 89-65, 54 FR 28414, July 6, 1989; T.D. 92-31, 57 FR 10989, Apr. 1, 1992; CBP Dec. 08-25, 73 FR 40727, July 16, 2008]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.103</SECTNO> <SUBJECT>Amount to be deposited.</SUBJECT> <P>Estimated duties shall be deposited in an amount to sufficiently cover the prospective duties on each item being entered or withdrawn.</P> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 99-64, 64 FR 43266, Aug. 10, 1999]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.104</SECTNO> <SUBJECT>Computation of duties.</SUBJECT> <P>In computing estimated duties, fractional parts of dollars and quantities shall be rounded off in accordance with § 159.3 of this chapter.</P> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 99-64, 64 FR 43266, Aug. 10, 1999]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.105</SECTNO> <SUBJECT>Voluntary deposit of additional duties.</SUBJECT> <P>If either the importer of record or the actual owner whose declaration and superseding bond have been filed in accordance with § 141.20 desires, he may estimate, on the basis of information contained in the entry papers or obtainable from the port director, the probable amount of unpaid duties which will be found due on the entire entry and deposit them in whole or in part with the port director. The deposit shall be tendered in writing in the following form in the number of copies required for the purposes of local administration, and an official receipt shall be given for the deposit: </P> <EXTRACT> <FP SOURCE="FRP">Date ____________.</FP> <P SOURCE="P-DASH">To the Port Director,</P> <FP>__________________.</FP> <P>Tender is hereby voluntarily made of $______ as a supplemental deposit of estimated duties and taxes on ______ entry No. ______, dated ______, in the name of ______. Please provide an official receipt.</P> <FP SOURCE="FP-DASH"/> <FP SOURCE="FRP">(Importer of record) or (actual owner)</FP> <FP SOURCE="FP-DASH"/> <P SOURCE="P2">(Street address)</P> <FP SOURCE="FP-DASH"/> <P SOURCE="P2">(City)(State)</P> </EXTRACT> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart H—Release of Merchandise</HD> <SECTION> <SECTNO>§ 141.111</SECTNO> <SUBJECT>Carrier's release order.</SUBJECT> <P>(a) <E T="03">When required.</E> Except where release is made directly to the carrier in accordance with § 141.11(b), no merchandise shall be released from Customs custody until a release order has been executed by the carrier, or, in the <PRTPAGE P="43"/>case of merchandise in a bonded warehouse, by the warehouse proprietor.</P> <P>(b) <E T="03">Form of release.</E> The release order may be executed on any of the following documents:</P> <P>(1) [Reserved]</P> <P>(2) The official entry form;</P> <P>(3) A combined carrier's certificate and release order issued in accordance with § 141.11(a)(4); or</P> <P>(4) If a certified duplicate bill of lading or air waybill is used for entry purposes in accordance with § 141.11(a)(3), the carrier's release order may be endorsed thereon in substantially the following form: </P> <EXTRACT> <P>In accordance with the provisions of section 484(j), Tariff Act of 1930, authority is hereby given to release the articles covered by this certified duplicate bill of lading or air waybill to: ____________.</P> </EXTRACT> <P>(c) <E T="03">Blanket release order.</E> Merchandise may be released to the person named in the bill of lading or air waybill in the absence of a specific release order from the carrier, if the carrier concerned has filed a blanket order authorizing release to the owner or consignee in such cases. A carrier's certificate in the form shown in § 141.11(a)(4), may be modified and executed to make it a blanket release order for the shipments covered by a blanket carrier's release order under § 141.11(a)(5).</P> <P>(d) <E T="03">Qualified release order.</E> In the case of merchandise which is entered for warehousing, for transportation in bond, for exportation, or is to be admitted to a foreign trade zone, the release order may be qualified as follows:</P> <P>(1) “For transfer to the bonded warehouse designated in the warehouse entry,” if the merchandise is entered for warehousing;</P> <P>(2) “For transfer to the bonded carrier designated in the transportation entry,” if the merchandise is entered for transportation in bond;</P> <P>(3) “For transfer to the carrier designated in the export entry,” if the merchandise is entered for exportation; or</P> <P>(4) “For transfer to the foreign trade zone designated in Customs Form 214,” if the merchandise is to be admitted to a foreign trade zone.</P> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 78-394, 43 FR 49788, Oct. 25, 1978; T.D. 86-16, 51 FR 5063, Feb. 11, 1986; T.D. 87-75, 52 FR 20068, May 29, 1987; T.D. 90-87, 55 FR 47052, Nov. 9, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.112</SECTNO> <SUBJECT>Liens for freight, charges, or contribution in general average.</SUBJECT> <P>(a) <E T="03">Definitions.</E> The following are general definitions for the purposes of this section:</P> <P>(1) <E T="03">Freight.</E> “Freight” means the charges for the transportation of the goods from the place of shipment in the foreign country to the final destination in the United States.</P> <P>(2) <E T="03">Charges.</E> “Charges” means the charges due to or assumed by the claimant of the lien which are incident to the shipment and forwarding of the goods to the destination in the United States, but does not include the purchase price, whether advanced or to be collected, nor other claims not connected with the transportation of the goods.</P> <P>(3) <E T="03">General average.</E> “General average” means the liability to contribution of the owners of a cargo which arises when a sacrifice of a part of such cargo has been made for the preservation of the residue or when money is expended to preserve the whole. It only arises from actions impelled by necessity.</P> <P>(4) <E T="03">Claimant.</E> “Claimant” means a carrier, customs broker or the successors or assigns of either.</P> <P>(b) <E T="03">Notice of lien.</E> A notice of lien for freight, charges, or contribution in general average pursuant to section 564, Tariff Act of 1930, as amended (19 U.S.C. 1564), shall be filed with the port director on Customs Form 3485, signed by the authorized agent of the claimant and certified by him.</P> <P>(c) <E T="03">Preliminary notice of lien for contribution in general average.</E> When the cargo of a vessel is subject to contribution in general average, a preliminary notice thereof may be filed with the port director and individual notices of lien filed thereafter. Upon receipt of a preliminary notice, the port director shall withhold release of any merchandise imported in the vessel for 2 days (exclusive of Sunday and holidays) <PRTPAGE P="44"/>after such merchandise is taken into Customs custody, unless proof is submitted that the claim for contribution in general average has been paid or secured.</P> <P>(d) <E T="03">Merchandise entered for immediate transportation.</E> A notice of lien upon merchandise entered for immediate transportation shall be filed by the claimant with the port director at the destination.</P> <P>(e) <E T="03">Limitations on acceptance of notice of lien.</E> A notice of lien shall be rejected and returned with the reason for rejection noted thereon if it is filed after any of the following actions have been taken concerning the merchandise:</P> <P>(1) Release from Customs custody;</P> <P>(2) Forfeiture under any provision of law;</P> <P>(3) Sale as unclaimed or abandoned merchandise under section 491 or 559, Tariff Act of 1930, as amended (19 U.S.C. 1491 or 1559); or</P> <P>(4) Receipt and acceptance of a notice of abandonment to the Government under section 506(1) or 563(b), Tariff Act of 1930, as amended (19 U.S.C. 1506(1) or 1563(b)).</P> <P>(f) <E T="03">Forfeited or abandoned merchandise.</E> The acceptance of a notice of lien shall not in any manner affect the order of disposition and accounting for the proceeds of sales of forfeited and abandoned property provided for in Subpart D of part 127 and §§ 158.44 and 162.51 of this chapter.</P> <P>(g) <E T="03">Bond may be required.</E> When any doubt exists as to the validity of a lien filed with the port director, he may require a bond on Customs Form 301, containing the bond conditions set forth in § 113.62 of this chapter, to hold him harmless from any liability which may result from withholding the release of the merchandise.</P> <P>(h) <E T="03">Satisfaction of lien.</E> The port director shall not adjudicate any dispute respecting the validity of any lien, but when the amount of such lien depends upon the quantity or weight of merchandise actually landed, the port director shall hold the lien satisfied upon the payment of an amount computed upon the basis of the official Customs report of quantity and weight. In all other cases, proof that the lien has been satisfied or discharged shall consist of a written release or receipt signed by the claimant and filed with the port director, showing payment of the claim in full.</P> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 74-114, 39 FR 32023, Apr. 3, 1974; T.D. 84-213, 49 FR 41184, Oct. 19, 1984; T.D. 88-7, 53 FR 4962, Feb. 19, 1988; T.D. 97-82, 62 FR 51771, Oct. 3, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 141.113</SECTNO> <SUBJECT>Recall of merchandise released from Customs and Border Protection custody.</SUBJECT> <P>(a)(1) <E T="03">Merchandise not legally marked.</E> Certain merchandise is required to be marked or labeled pursuant to the following provisions:</P> <P>(i) Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), pertaining to marking with country of origin;</P> <P>(ii) Textile Fiber Products Identification Act (15 U.S.C. 70);</P> <P>(iii) Wool Products Labeling Act (15 U.S.C. 68);</P> <P>(iv) Fur Products Labeling Act (15 U.S.C. 69); and</P> <P>(v) Chapter 91, Additional U.S. Note 4, Harmonized Tariff Schedule of the United States (HTSUS), pertaining to special marking for watch and clock movements, cases, and dials.</P> <P>(2) If such merchandise is found after release to be not legally marked, the port director may demand its return to CBP custody for the purpose of requiring it to be properly marked or labeled. The demand for marking or labeling shall be made not later than 30 days after the date of entry in the case of merchandise examined in public stores, and places of arrival, such as docks, wharfs, or piers. Demand may be made no later than 30 days after the date of examination in the case of merchandise examined at the importer's premises or such other appropriate places as determined by the port director.</P> <P>(b) <E T="03">Textiles and textile products.</E> For purposes of determining whether the country of origin of textiles and textile products subject to the provisions of § 102.21 or § 102.22 of this chapter, as applicable, has been accurately represented to CBP, the release from CBP custody of any such textile or textile product shall be deemed conditional during the 180-day period following the date of release. If the port director finds during the conditional release period that a textile or textile product is <PRTPAGE P="45"/>not entitled to admission into the commerce of the United States because the country of origin of the textile or textile product was not accurately represented to CBP, he shall promptly demand its return to CBP custody. Notwithstanding the provisions of paragraph (h) of this section and § 113.62(m)(1) of this chapter, a failure to comply with a demand for return to CBP custody made under this paragraph shall result in the assessment of liquidated damages equal to the value of the merchandise involved.</P> <P>(c) <E T="03">Food, drugs, devices, cosmetics, and tobacco products</E>—(1) <E T="03">Conditional release period.</E> For purposes of determining the admissibility of any food, drug, device, cosmetic, or tobacco product imported pursuant to section 801(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(a)), as amended, the release from CBP custody of any such product will be deemed conditional. Unless extended in accordance with paragraph (c)(2) of this section, the conditional release period will terminate upon the earliest occurring of the following events:</P> <P>(i) The date that FDA issues a notice of refusal of admission;</P> <P>(ii) The date that FDA issues a notice that the merchandise may proceed; or</P> <P>(iii) Upon the end of the 30-day period following the date of release.</P> <P>(2) <E T="03">Extension of conditional release period.</E> The conditional release period provided under this paragraph (c) may be extended. The FDA must issue a written or electronic notice of sampling, detention, or other FDA action to the bond principal (<E T="03">i.e.</E>, importer of record) within 30 days of the release of the merchandise in order for the extension of the conditional release period to be valid.</P> <P>(3) <E T="03">Issuance of a redelivery notice.</E> If FDA refuses admission of a food, drug, device, cosmetic, or tobacco product into the United States, or if any notice of sampling or other request is not complied with, FDA will communicate that fact to the CBP port director who will demand the redelivery of the product to CBP custody. CBP will issue a notice of redelivery within 30 days from the date the product was refused admission by the FDA or from the date FDA determined the noncompliance with a notice of sampling or other request. The demand for redelivery may be made contemporaneously with the notice of refusal issued by the FDA. Notwithstanding the provisions of paragraph (i) of this section, a failure to comply with a demand for redelivery made under this paragraph (c) will result in the assessment of liquidated damages equal to three times the value of the merchandise involved unless the port director has prescribed a bond equal to the domestic value of the merchandise pursuant to § 12.3(b) of this Chapter.</P> <P>(d) <E T="03">Other merchandise not entitled to admission.</E> If at any time after entry the port director finds that any merchandise contained in an importation is not entitled to admission into the commerce of the United States for any reason not enumerated in paragraph (a), (b), or (c) of this section, he shall promptly demand the return to CBP custody of any such merchandise which has been released.</P> <P>(e) <E T="03">Request for samples or additional examination packages not complied with by importer.</E> If the importer has not promptly complied with a request for samples or additional examination packages made by the port director pursuant to § 151.11 of this chapter, the port director may demand the return of the necessary merchandise to CBP custody.</P> <P>(f) <E T="03">Demand to importer of record or actual owner.</E> A demand for the return of merchandise to CBP custody shall be made on the importer of record, except that it shall be made on the actual owner if an actual owner's declaration and superseding bond have been filed in accordance with § 141.20 before the date of the demand.</P> <P>(g) <E T="03">Form of demand.</E> A demand for the return of merchandise to CBP custody shall be made on Customs Form 4647 or other appropriate form, or by letter. One copy, with the date of mailing or delivery noted thereon, shall be retained by the port director and made part of the entry record.</P> <P>(h) <E T="03">Time limitation.</E> A demand for the return of merchandise to CBP custody shall not be made after the liquidation of the entry covering such merchandise has become final.<PRTPAGE P="46"/> </P> <P>(i) <E T="03">Demand not complied with.</E> When the demand of the port director for return of merchandise to CBP custody is not complied with, liquidated damages shall be assessed, except in the case of merchandise entered under chapter 98, subchapter XIII, HTSUS (19 U.S.C. 1202), in an amount equal to the value of the merchandise not returned or three times the value of the merchandise not returned if the merchandise is restricted or prohibited merchandise or alcoholic beverages, as determined at the time of entry. The amount of liquidated damages to be assessed on merchandise entered under chapter 98, subchapter XIII, HTSUS is set forth in § 10.39(d)(3) of this chapter.</P> <CITA>[T.D. 73-175, 38 FR 17447, July 2, 1973]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> citations affecting § 141.113, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at <E T="03">www.fdsys.gov</E>.</P> </EDNOTE> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 142</EAR> <HD SOURCE="HED">PART 142—ENTRY PROCESS</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>142.0</SECTNO> <SUBJECT>Scope.</SUBJECT> <SUBPART> <HD SOURCE="HED">Subpart A—Entry Documentation</HD> <SECTNO>142.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>142.2</SECTNO> <SUBJECT>Time for filing entry.</SUBJECT> <SECTNO>142.3</SECTNO> <SUBJECT>Entry documentation required.</SUBJECT> <SECTNO>142.3a</SECTNO> <SUBJECT>Entry numbers.</SUBJECT> <SECTNO>142.4</SECTNO> <SUBJECT>Bond requirements.</SUBJECT> <SECTNO>142.5</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>142.6</SECTNO> <SUBJECT>Invoice requirements.</SUBJECT> <SECTNO>142.7</SECTNO> <SUBJECT>Examination of merchandise.</SUBJECT> <SECTNO>142.8</SECTNO> <SUBJECT>Failure to file entry timely.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Entry Summary Documentation</HD> <SECTNO>142.11</SECTNO> <SUBJECT>Entry summary form.</SUBJECT> <SECTNO>142.12</SECTNO> <SUBJECT>Time for filing or submission for preliminary review.</SUBJECT> <SECTNO>142.13</SECTNO> <SUBJECT>When entry summary must be filed at time of entry.</SUBJECT> <SECTNO>142.14</SECTNO> <SUBJECT>Delinquent payment of Customs bills.</SUBJECT> <SECTNO>142.15</SECTNO> <SUBJECT>Failure to file entry summary timely.</SUBJECT> <SECTNO>142.16</SECTNO> <SUBJECT>Entry summary documentation.</SUBJECT> <SECTNO>142.17</SECTNO> <SUBJECT>One entry summary for multiple entries.</SUBJECT> <SECTNO>142.17a</SECTNO> <SUBJECT>One consolidated entry summary for multiple ultimate consignees.</SUBJECT> <SECTNO>142.18</SECTNO> <SUBJECT>Entry summary not required for prohibited merchandise.</SUBJECT> <SECTNO>142.19</SECTNO> <SUBJECT>Release of merchandise under the entry summary.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Special Permit for Immediate Delivery</HD> <SECTNO>142.21</SECTNO> <SUBJECT>Merchandise eligible for special permit for immediate delivery.</SUBJECT> <SECTNO>142.22</SECTNO> <SUBJECT>Application for special permit for immediate delivery.</SUBJECT> <SECTNO>142.23</SECTNO> <SUBJECT>Time limit for filing documentation after release.</SUBJECT> <SECTNO>142.24</SECTNO> <SUBJECT>Special permit.</SUBJECT> <SECTNO>142.25</SECTNO> <SUBJECT>Discontinuance of immediate delivery privileges.</SUBJECT> <SECTNO>142.26</SECTNO> <SUBJECT>Delinquent payment of Customs bills.</SUBJECT> <SECTNO>142.27</SECTNO> <SUBJECT>Failure to file documentation timely.</SUBJECT> <SECTNO>142.28</SECTNO> <SUBJECT>Withdrawal or entry summary not required for prohibited merchandise.</SUBJECT> <SECTNO>142.29</SECTNO> <SUBJECT>Other procedures applicable.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Line Release</HD> <SECTNO>142.41</SECTNO> <SUBJECT>Line Release.</SUBJECT> <SECTNO>142.42</SECTNO> <SUBJECT>Application for Line Release processing.</SUBJECT> <SECTNO>142.43</SECTNO> <SUBJECT>Line Release application approval process.</SUBJECT> <SECTNO>142.44</SECTNO> <SUBJECT>Entry number range.</SUBJECT> <SECTNO>142.45</SECTNO> <SUBJECT>Use of bar code by entry filer.</SUBJECT> <SECTNO>142.46</SECTNO> <SUBJECT>Presentation of invoice and assignment of entry number.</SUBJECT> <SECTNO>142.47</SECTNO> <SUBJECT>Examinations of Line Release transactions.</SUBJECT> <SECTNO>142.48</SECTNO> <SUBJECT>Release procedure.</SUBJECT> <SECTNO>142.49</SECTNO> <SUBJECT>Deletion of C-4 Code.</SUBJECT> <SECTNO>142.50</SECTNO> <SUBJECT>Line Release data base corrections or changes.</SUBJECT> <SECTNO>142.51</SECTNO> <SUBJECT>Changing election of entry or immediate delivery.</SUBJECT> <SECTNO>142.52</SECTNO> <SUBJECT>Port-wide and multiple port acceptance of Line Release.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>19 U.S.C. 66, 1448, 1484, 1624.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>T.D. 79-221, 44 FR 46821, Aug. 9, 1979, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 142.0</SECTNO> <SUBJECT>Scope.</SUBJECT> <P>This part sets forth requirements and procedures relating to (a) the entry of merchandise, as authorized by section 484, Tariff Act of 1930, as amended (19 U.S.C. 1484), and (b) special permits for immediate delivery of merchandise, as authorized by section 448(b), Tariff Act of 1930, as amended (19 U.S.C. 1448(b)).</P> </SECTION> <SUBPART> <HD SOURCE="HED">Subpart A—Entry Documentation</HD> <SECTION> <SECTNO>§ 142.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>For definitions of “entry”, “entry summary”, “submission”, “filing”, “presentation”, “entered for consumption”, “entered for warehouse”, and “entered temporarily under bond”, as <PRTPAGE P="47"/>these terms relate to the entry of merchandise, see § 141.0a of this chapter.</P> <SECAUTH>(R.S. 251, as amended, secs. 623, as amended, 624, 46 Stat. 759, as amended (19 U.S.C. 66, 1623, 1624))</SECAUTH> <CITA>[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 84-213, 49 FR 41184, Oct. 19, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 142.2</SECTNO> <SUBJECT>Time for filing entry.</SUBJECT> <P>(a) <E T="03">General rule: After arrival of merchandise.</E> Merchandise for which entry is required will be entered within 15 calendar days after landing from a vessel, aircraft or vehicle, or after arrival at the port of destination in the case of merchandise transported in bond.</P> <P>(b) <E T="03">Before arrival of merchandise</E>—(1) <E T="03">Entry.</E> The entry documentation required by § 142.3(a) may be submitted before the merchandise arrives within the limits of the port where entry is to be made, in which case the time of entry shall be the time specified in § 141.68(a).</P> <P>(2) <E T="03">When entry summary serves as entry.</E> The entry summary when it will be filed at time of entry to serve as both the entry and the entry summary, as provided in § 142.3(b), may be submitted for preliminary review in accordance with §§ 141.63(a) and 142.12(a)(2).</P> <CITA>[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 02-65, 67 FR 68035, Nov. 8, 2002]</CITA> </SECTION> <SECTION> <SECTNO>§ 142.3</SECTNO> <SUBJECT>Entry documentation required.</SUBJECT> <P>(a) <E T="03">Contents.</E> Except as provided in paragraph (b) of this section, the entry documentation required to secure the release of merchandise must consist of the following:</P> <P>(1) <E T="03">Entry.</E> CBP Form 3461 (appropriately modified), except that CBP Form 7533 (appropriately modified), in duplicate, may be used in place of CBP Form 3461 for merchandise imported from a contiguous country. The form used must be prepared in accordance with § 141.61(a)(1) of this chapter.</P> <P>(2) <E T="03">Evidence of the right to make entry.</E> Evidence of the right to make entry, as set forth in § 141.11 of this chapter.</P> <P>(3) <E T="03">Commercial invoice.</E> A commercial invoice, except that in those instances listed in § 141.83(d) of this chapter where a commercial invoice is not required, a pro forma invoice or other acceptable documentation listed in that section may be submitted in place of a commercial invoice.</P> <P>(4) <E T="03">Packing list.</E> A packing list, where appropriate.</P> <P>(5) <E T="03">Other documentation.</E> Other documents which may be required by CBP or other Federal, State, or local agencies for a particular shipment.</P> <P>(6) <E T="03">Identification.</E> When merchandise is imported having been sold, or consigned, to a person in the United States, the name, street address, and appropriate identification number of that person, as provided in § 24.5 of this chapter, must be shown on the entry documents (CBP Form 3461, 3461 ALT, 7501). When, at the time of immediate delivery, entry or release, there is no known buyer, the name, street address, and appropriate identification number (as above) of the premises in the United States to which the merchandise is to be delivered must be shown on the entry or release documents.</P> <P>(b) <E T="03">Entry summary filed at time of entry.</E> When the entry summary is filed at time of entry in accordance with § 142.12(a)(1) or § 142.13:</P> <P>(1) CBP Form 3461 or 7533 will not be required; and</P> <P>(2) CBP Form 7501 or CBP Form 3311 (as appropriate, <E T="03">see</E> § 142.11) may serve as both the entry and the entry summary documentation if the additional documentation set forth in paragraphs (a)(2), (3), (4) and (5) of this section and § 142.16(b) is filed.</P> <P>(c) <E T="03">Extra copies.</E> The port director may require additional copies of the documentation.</P> <P>(d) <E T="03">Electronic format.</E> The entry documentation identified in this section may be submitted to CBP in either a paper or, where appropriate, an electronic format.</P> <SECAUTH>(R.S. 251, as amended (19 U.S.C. 66), secs. 484, 624, 46 Stat. 722, as amended, 759 (19 U.S.C. 1484, 1624); sec. 301, 80 Stat. 379 (5 U.S.C. 301), Pub. L. 95-410 (Oct. 3, 1978); Pub. L. 96-511 (Dec. 11, 1980))</SECAUTH> <CITA>[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 84-129, 49 FR 23167, June 5, 1984; T.D. 90-92, 55 FR 49884, Dec. 3, 1990; CBP Dec. 09-47, 74 FR 69020, Dec. 30, 2009]</CITA> </SECTION> <SECTION> <PRTPAGE P="48"/> <SECTNO>§ 142.3a</SECTNO> <SUBJECT>Entry numbers.</SUBJECT> <P>(a) <E T="03">Placement on CBP forms.</E> The importer or broker shall place an 11 character entry number on the entry and corresponding entry summary documentation. For documentation prepared on data processing equipment, the number shall be printed directly on the form. For manually prepared documentation, the number shall be pre-printed in a machine readable format specified by CBP. The same number shall not be used for more than one entry transaction.</P> <P>(b) <E T="03">Format.</E> The following format, including hyphens, must be used when showing the entry number: </P> <EXTRACT> <HD SOURCE="HD3">XXX-NNNNNNN-N</HD> <FP>XXX represents an entry filer code assigned by CBP, NNNNNNN is a unique number which is assigned by the broker or importer, and N is a check digit computed from the first 10 characters based on a formula provided by CBP.</FP> </EXTRACT> <P>(1) <E T="03">Assignment of entry filer code.</E> CBP will assign a unique 3 character (alphabetic, numeric, or alpha numeric) entry filer code to all licensed brokers filing CBP entries. CBP will assign an entry filer code to certain importers filing CBP entries based on importer entry volume, frequency of entry filing, and other considerations. The broker or importer shall use this assigned code as the beginning three characters of the number for all CBP entries, regardless of where the entries are filed.</P> <P>(2) <E T="03">Entry filer assigned number.</E> For each entry, the broker or importer shall assign a unique 7 digit number. This number shall not be assigned to more than one transaction.</P> <P>(3) <E T="03">Check digit.</E> The broker or importer is responsible for ensuring that the check digit is computed by data processing equipment.</P> <P>(c) <E T="03">Pulication of entry filer codes.</E> CBP shall make available electronically a listing of filer codes and the importers, consignees, and customs brokers assigned those filer codes. The listing will be updated periodically.</P> <P>(d) <E T="03">Misuse of the entry filer code.</E> The Assistant Commissioner, Office of International Trade, or his designee may refuse to allow use of an assigned entry filer code if it is misused by the importer or broker.</P> <P>(e) <E T="03">Alternative procedure.</E> If an importer does not have an assigned entry filer code, or if the Assistant Commissioner, Office of International Trade, or his designee, in accordance with paragraph (d) of this section refuses to allow use of an assigned entry filer code, the importer or broker shall obtain forms with a CBP assigned pre-printed machine readable entry number with a computed check digit. These forms will be available for sale by CBP and must be obtained and used before the merchandise may be released from CBP custody.</P> <CITA>[T.D. 86-106, 51 FR 19167, May 28, 1986, as amended by T.D. 98-25, 63 FR 12996, Mar. 17, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 142.4</SECTNO> <SUBJECT>Bond requirements.</SUBJECT> <P>(a) <E T="03">At the time of entry.</E> Except as provided in § 10.101(d) of this chapter, or paragraph (c) of this section, merchandise shall not be released from Customs custody at the time Customs receives the entry documentation or the entry summary documentation which serves as both the entry and the entry summary, as required by § 142.3 unless a single entry or continuous bond on Customs Form 301, containing the bond conditions set forth in § 113.62 of this chapter, executed by an approved corporate surety, or secured by cash deposits or obligations of the United States, as provided for in § 113.40 of this chapter, has been filed. When any of the imported merchandise is subject to a tariff-rate quota and is to be released at a time when the applicable quota is filled, the full rates shall be used in computing the estimated duties to determine the amount of the bond.</P> <P>(b) <E T="03">If entry summary is filed after entry.</E> (1) Except as provided in § 141.102(d) of this chapter, if the entry summary is filed after the entry, the bond filed at the time of entry, as required by paragraph (a) of this section or by § 142.19, shall continue to be obligated unless a superseding bond is filed, as provided in § 141.20 of this chapter, or unless a bond of the type described in paragraph (a) of this section is filed under the circumstances described in paragraph (b)(2) of this section. If a superseding bond is filed, or if a bond is filed under <PRTPAGE P="49"/>the circumstances described in paragraph (b)(2) of this section, the obligations of the initial bond shall be terminated as to any liability which may accrue after the superseding or other bond becomes effective.</P> <P>(2) If entry is made in the name of an agent, supported by the agent's bond, or in the name of a principal, supported by the principal's bond, and the entry summary thereafter is filed in the name of the other party, the party named in the entry summary shall file a bond on Customs Form 301, containing the bond conditions set forth in § 113.62 of this chapter. In this circumstance, the bond obligation of the party in whose name entry was made shall be terminated, as to liability which may accrue after the bond filed by the party named in the entry summary becomes effective, and the party filing the entry summary need not file the separate declaration of the actual owner and the superseding bond otherwise required under § 141.20 of this chapter.</P> <P>(c) <E T="03">Waiver of surety or cash deposit.</E> (1) The port director may waive the requirement for surety or cash deposit on the bond required by this section when (i) the value of the merchandise which the bond secures does not exceed $2,500, (ii) the entry summary documentation is filed and estimatedduties, if any, are deposited prior to release of the merchandise and (iii) the importer has not been delinquent or otherwise remiss in any transaction with Customs.</P> <P>(2) This authority to waive surety or cash deposit does not apply to (i) quota merchandise, (ii) any type of merchandise which, in the opinion of the port director, cannot be easily appraised or classified, or (iii) any type of merchandise where there may be, in the opinion of the port director based on past experience, a question of redelivery.</P> <SECAUTH>(R.S. 251, as amended, secs. 623, as amended, 624, 46 Stat. 759, as amended (19 U.S.C. 66, 1623, 1624))</SECAUTH> <CITA>[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 84-213, 49 FR 41184, Oct. 19, 1984; T.D. 85-161, 50 FR 38981, Sept. 26, 1985]</CITA> </SECTION> <SECTION> <SECTNO>§ 142.5</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 142.6</SECTNO> <SUBJECT>Invoice requirements.</SUBJECT> <P>(a) <E T="03">Contents.</E> The commercial invoice, or the documentation acceptable in place of a commercial invoice in those instances listed in § 141.83(d) of this chapter, shall be furnished with the entry and before release of the merchandise is authorized. The commercial invoice or other acceptable documentation shall contain:</P> <P>(1) An adequate description of the merchandise.</P> <P>(2) The quantities of the merchandise.</P> <P>(3) The values or approximate values of the merchandise.</P> <P>(4) The appropriate eight-digit subheading from the Harmonized Tariff Schedule of the United States. If the importer is uncertain of the appropriate subheading number, Customs shall assist him at his request. The port director may waive this requirement if he is satisfied that the information is not available at the time release of the merchandise is authorized.</P> <P>(5) The name and complete address of the foreign individual or firm who is responsible for invoicing the merchandise, ordinarily the manufacturer/seller, but where the manufacturer is not the seller, the party who sold the merchandise for export to the U.S., or made the merchandise available for sale.</P> <P>(b) <E T="03">Information not required when filing entry.</E> In addition to the information specified in paragraph (a) of this section, the commercial invoice or substitute document filed with the entry documentation also may include any other invoice information required by §§ 141.86 through 141.89 of this chapter. However, if this information does not appear on the invoice or substitute document filed with the entry documentation, it shall be included in the invoice or substitute document delivered at the time the entry summary documentation is filed.</P> <CITA>[T.D. 79-221, 44 FR 46821, Aug. 9, 1979; T.D. 80-26, 45 FR 3901, Jan. 21, 1980, as amended by T.D. 90-25, 55 FR 12343, Apr. 3, 1990; T.D. 90-78, 55 FR 40167, Oct. 2, 1990]</CITA> </SECTION> <SECTION> <PRTPAGE P="50"/> <SECTNO>§ 142.7</SECTNO> <SUBJECT>Examination of merchandise.</SUBJECT> <P>No merchandise for which the entry documentation required by § 142.3 has been filed shall be released until it has been examined, or until adequate samples have been taken in the case of merchandise which is to be classified and appraised by means of samples, unless this requirement is waived by the port director in accordance with section 499, Tariff Act of 1930, as amended (19 U.S.C. 1499).</P> </SECTION> <SECTION> <SECTNO>§ 142.8</SECTNO> <SUBJECT>Failure to file entry timely.</SUBJECT> <P>Merchandise for which timely entry is not filed as required by § 142.2 shall be treated in accordance with § 4.37 and part 127 of this chapter.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Entry Summary Documentation</HD> <SECTION> <SECTNO>§ 142.11</SECTNO> <SUBJECT>Entry summary form.</SUBJECT> <P>(a) <E T="03">Customs Form 7501.</E> The entry summary shall be on Customs Form 7501 unless a different form is prescribed elsewhere in this chapter. Customs Form 7501 shall be used for merchandise formally entered for consumption, formally entered for warehouse, or rewarehouse in accordance with § 144.11 of this chapter, and formally entered temporarily under bond under § 10.31 of this chapter. The entry summary for merchandise which may be entered free of duty in accordance with § 10.1 (g) or (h) of this chapter may be on Customs Form 3311 instead of on Customs Form 7501. For merchandise entitled to be entered under an informal entry, see § 143.23 of this chapter.</P> <P>(b) <E T="03">Extra copies.</E> The port director may require additional copies of the entry summary.</P> <SECAUTH>(R.S. 251, as amended (19 U.S.C. 66), secs. 484, 624, 46 Stat. 722, as amended, 759 (19 U.S.C. 1484, 1624); sec. 301, 80 Stat. 379 (5 U.S.C. 301), Pub. L. 95-410 (Oct. 3, 1978); Pub. L. 96-511 (Dec. 11, 1980))</SECAUTH> <CITA>[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 84-129, 49 FR 23167, June 5, 1984; T.D. 84-213, 49 FR 41185, Oct. 19, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 142.12</SECTNO> <SUBJECT>Time for filing or submission for preliminary review.</SUBJECT> <P>(a) <E T="03">At option of importer</E>—(1) <E T="03">Filing.</E> Except as provided in § 142.13, the importer may file the entry summary documentation at the time of entry in which case the entry summary, with estimated duties attached, shall serve as both the entry and the entry summary.</P> <P>(2) <E T="03">Submission for preliminary review.</E> If the importer intends to file the entry summary documentation at the time of entry, he may submit the entry summary documentation for preliminary review before arrival of the merchandise, in accordance with § 141.63(a) of this chapter. After preliminary review is completed, the entry summary shall be returned to the importer for filing in accordance with paragraph (a)(1) of this section.</P> <P>(b) <E T="03">When required.</E> If the importer is not required to file the entry summary documentation at the time of entry under the provisions of § 142.13, or if he does not elect to do so, the entry summary documentation shall be filed, with estimated duties attached, within 10 working days after the time of entry.</P> <P>(c) <E T="03">Estimated duties.</E> Estimated duties, if any, shall be deposited in accordance with the provisions of subpart G of part 141 of this chapter.</P> </SECTION> <SECTION> <SECTNO>§ 142.13</SECTNO> <SUBJECT>When entry summary must be filed at time of entry.</SUBJECT> <P>(a) <E T="03">Authority of port director.</E> The port director may require that the entry summary documentation be filed and that estimated duties, if any, be deposited at the time of entry before the merchandise is released if the importer:</P> <P>(1) Has failed repeatedly to file timely entry summary documentation without justification,</P> <P>(2) Has not taken prompt action to settle a claim for liquidated damages issued under § 142.15 for failure to file entry summary documentation timely, or a claim for liquidated damages issued under the basic importation and entry bond for failure to deposit estimated duties, taxes and charges timely, as provided in such bond. “Prompt action” means that the importer, within the time specified in a claim for liquidated damages, shall petition for relief or pay the amount claimed and, in appropriate cases, file the entry summary documentation and deposit estimated duties, if any, or<PRTPAGE P="51"/> </P> <P>(3) Has repeatedly delivered entry summary documentation, which is incomplete or which contains erroneous information.</P> <P>(4) Is substantially or habitually delinquent in the payment of Customs bills. See § 142.14.</P> <P>(b) <E T="03">Special classes of merchandise</E>—(1) <E T="03">Quota-class merchandise.</E> Quota-class merchandise shall not be released upon delivery of entry documentation before presentation of:</P> <P>(i) An entry summary for consumption with estimated duties attached; or</P> <P>(ii) A withdrawal for consumption with estimated duties attached; or</P> <P>(iii) An entry summary for consumption, without the estimated duties attached, if the entry/entry summary information and a valid scheduled statement date have been successfully received by Customs via the Automated Broker Interface. (See part 132 and § 24.25 of this chapter.)</P> <P>(2) <E T="03">Other classes of merchandise.</E> Entry summary documentation, with estimated duties attached, or a withdrawal for consumption with estimated duties attached, or an entry summary for consumption, without the estimated duties attached if the entry/entry summary information and a valid scheduled statement date have previously been transmitted to Customs via the Automated Broker Interface (see § 24.25 of this chapter) shall be filed at the time of entry before release of any other merchandise of a class designated by Customs Headquarters.</P> <P>(c) [Reserved]</P> <P>(d) <E T="03">Brokers; restriction.</E> A broker shall not circumvent an action taken under this section by applying for release of the importer's merchandise in the broker's name and under the broker's bond.</P> <CITA>[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 89-104, 54 FR 50498, Dec. 7, 1989; T.D. 93-37, 58 FR 30984, May 28, 1993; T.D. 95-77, 60 FR 50020, Sept. 27, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 142.14</SECTNO> <SUBJECT>Delinquent payment of Customs bills.</SUBJECT> <P>The following procedure shall be followed if an importer is substantially or habitually delinquent in the payment of Customs bills:</P> <P>(a) <E T="03">Notice.</E> The importer shall be advised in writing by the port director in which he is substantially or habitually delinquent that he shall file the entry summary documentation with estimated duties attached, before his merchandise may be released from Customs custody at that port. The notice shall state the reason for the action and advise the importer that if payment of all his delinquent Customs bills is not made within 10 working days from the date of the notice, he shall be required to file the entry summary document with estimated duties attached, before his merchandise may be released. In either case, the entry summary shall serve as both the entry and the entry summary.</P> <P>(b) <E T="03">Removal of requirement by port.</E> If the importer pays all his delinquent Customs bills within 10 working days after the date of the notice, the requirement shall be removed, and the importer need file only the entry documentation specified in § 142.3 to secure release of his merchandise.</P> <P>(c) <E T="03">Removal of requirement by Headquarters.</E> If the importer has not paid all his delinquent Customs bills within 10 working days after the date of the notice, he also shall be required to file the entry summary documentation, with estimated duties attached, at each Customs port. In this case, the entry summary shall serve as both the entry and the entry summary. This requirement shall remain in effect in each port of entry until notification is received from Headquarters that the requirement is removed and that the importer need submit only the entry documentation listed in § 142.3 to secure release of his merchandise.</P> </SECTION> <SECTION> <SECTNO>§ 142.15</SECTNO> <SUBJECT>Failure to file entry summary timely.</SUBJECT> <P>If the entry summary documentation is not filed timely, the port director shall make an immediate demand for liquidated damages in the entire amount of the bond in the case of a single entry bond. When the transaction has been charged against a continuous bond, the demand shall be for the amount that would have been demanded if the merchandise had been released under a single entry bond. Any <PRTPAGE P="52"/>application to cancel liquidated damages incurred shall be made in accordance with part 172 of this chapter.</P> <SECAUTH>(R.S. 251, as amended, secs. 623, as amended, 624, 46 Stat. 759, as amended (19 U.S.C. 66, 1623, 1624))</SECAUTH> <CITA>[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 84-213, 49 FR 41185, Oct. 19, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 142.16</SECTNO> <SUBJECT>Entry summary documentation.</SUBJECT> <P>(a) <E T="03">Entry summary not filed at time of entry.</E> When the entry documentation is filed before the entry summary documentation, one copy of the entry document and the commercial invoice, or the documentation filed in place of a commercial invoice in the instances listed in § 141.83(d) of this chapter, shall be returned to the importer after Customs authorizes release of the Merchandise. The importer may use these documents in preparing the entry summary, Customs Form 7501, and shall file them with the entry summary documentation within the time period stated in § 142.12(b). The entry summary documentation also shall include any other documents required for a particular shipment unless a bond for missing documents is on file, as provided in § 141.66 of this chapter.</P> <P>(b) <E T="03">Entry summary filed at time of entry.</E> When the entry summary documentation is filed at time of entry, the documentation listed in § 142.3 shall be filed at the same time, except that Customs Form 3461 or 7533 shall not be required. The importer also shall file any additional invoice required for a particular shipment.</P> <SECAUTH>(R.S. 251, as amended (19 U.S.C. 66), secs. 484, 624, 46 Stat. 722, as amended, 759 (19 U.S.C. 1484, 1624); sec. 301, 80 Stat. 379 (5 U.S.C. 301), Pub. L. 95-410 (Oct. 3, 1978); Pub. L. 96-511 (Dec. 11, 1980))</SECAUTH> <CITA>[T.D. 79-221, 44 FR 46821, Aug. 9, 1979; T.D. 80-26, 45 FR 3901, Jan. 21, 1980, as amended by T.D. 84-129, 49 FR 23168, June 5, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 142.17</SECTNO> <SUBJECT>One entry summary for multiple entries.</SUBJECT> <P>(a) <E T="03">Requirements.</E> Except as provided in paragraph (b) of this section, the port director may permit the filing of one entry summary for merchandise the subject of separate entries if:</P> <P>(1) The merchandise has the same country of exportation, and the same country of origin,</P> <P>(2) The merchandise arrives by land, by the same vessel or by the same air carrier,</P> <P>(3) The merchandise is consigned to the same consignee,</P> <P>(4) The time between the date of the first entry and the date of the last entry does not exceed 1 week,</P> <P>(5) The entry summary document is filed within 10 working days from the date of the first entry, and</P> <P>(6) Each entry is identified separately by entry number on the entry summary.</P> <P>(b) <E T="03">Merchandise not eligible.</E> One entry summary shall not be used for multiple entries of the following:</P> <P>(1) Quota-class merchandise,</P> <P>(2) Prohibited merchandise,</P> <P>(3) Merchandise subject to restrictions which require processing and documentation more frequently than on a weekly basis,</P> <P>(4) Merchandise for which liquidation has been withheld, and</P> <P>(5) Merchandise classifiable under the same Harmonized Tariff Schedule of the United States subheading number, to the eight-digit level having different rates of duty for which entries or immediate transportation entries have been filed. However, this provision is not applicable in the following circumstances:</P> <P>(i) <E T="03">Entries.</E> Entries may be consolidated if the time of entry is:</P> <P>(A) Before the date of change in rate of duty, or</P> <P>(B) On or after the date of change in rate of duty.</P> <P>(ii) <E T="03">Immediate transportation entries.</E> Immediate transportation entries may be consolidated if the date of acceptance is:</P> <P>(A) Before the date of change in the rate of duty, or</P> <P>(B) On or after the date of change in rate of duty.</P> <P>(c) <E T="03">Entry documentation not in proper form.</E> If an entry summary covering multiple entries refers to entry documentation which is not in proper form, <PRTPAGE P="53"/>the entry summary and the entry documentation shall be returned for correction.</P> <CITA>[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 89-1, 53 FR 51262, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 142.17a</SECTNO> <SUBJECT>One consolidated entry summary for multiple ultimate consignees.</SUBJECT> <P>(a) <E T="03">Applicability.</E> The port director may permit a broker as nominal consignee to file a consolidated entry summary in his own name under his own bond covering shipments of like or similar merchandise consigned to various ultimate consignees provided that all the merchandise is:</P> <P>(1) Imported on the same day,</P> <P>(2) Itemized as to each category of merchandise by Harmonized Tariff Schedule of the United States Annotated subheading to the ten-digit level, and</P> <P>(3) Released on the same day, either under the entry documentation specified in § 142.3, or under a special permit for immediate delivery. A consolidated entry summary may be filed for merchandise arriving by land, by the same vessel, or by the same air carrier.</P> <P>(b) <E T="03">Information required on the entry summary</E>—(1) <E T="03">Separate listing according to ultimate consignee.</E> The broker shall list separately on the face of the consolidated entry summary the merchandise for each ultimate consignee, together with the appropriate entry or special permit numbers.</P> <P>(2) <E T="03">If different land carriers are involved.</E> If merchandise arriving by different land carriers is included on one entry summary, necessary information pertaining to each carrier shall be shown on the face of the entry summary, related to the applicable shipment.</P> <CITA>[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 89-1, 53 FR 51262, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 142.18</SECTNO> <SUBJECT>Entry summary not required for prohibited merchandise.</SUBJECT> <P>(a) <E T="03">Exportation or destruction of prohibited merchandise.</E> If merchandise released at time of entry is later found to be prohibited, the port director shall demand its return to Customs custody in accordance with § 141.113 of this chapter, and an entry summary and the deposit of estimated duties, if any, shall not be required provided:</P> <P>(1) An entry for exportation, Customs Form 7512, or an application to destroy the merchandise under Customs supervision is made within 10 days after the time of entry, and the exportation or destruction is accomplished promptly, or</P> <P>(2) An entry for transportation and exportation, Customs Form 7512, is made within 10 days after the time of entry and domestic carriage of the merchandise does not conflict with the requirements of another Federal agency.</P> <P>(b) <E T="03">Procedures for exportation or destruction.</E> The exportation or destruction of prohibited merchandise as required by paragraph (a) shall be in accordance with §§ 158.41 and 158.45(c) of this chapter.</P> </SECTION> <SECTION> <SECTNO>§ 142.19</SECTNO> <SUBJECT>Release of merchandise under the entry summary.</SUBJECT> <P>Merchandise, for which an entry summary serves as both an entry and an entry summary, shall not be released from Customs custody until a bond has been filed, or the entry has been liquidated, as follows:</P> <P>(a) <E T="03">Bond.</E> Merchandise not designated for examination may be released to, or upon the order of, the carrier if a bond is filed on Customs Form 301, containing the bond conditions set forth in § 113.62 of this chapter. Merchandise designated for examination may be released under the bond after examination has been completed if:</P> <P>(1) It has been found to be truly and correctly invoiced,</P> <P>(2) It is entitled to admission into the commerce of the United States, and</P> <P>(3) Its release is not precluded by any law or regulation. If merchandise is entered by or on behalf of a United States Government department or agency, the stipulation prescribed in § 141.102(d) of this chapter shall be accepted in place of a bond.</P> <P>(b) <E T="03">After liquidation.</E> If a bond has not been filed in accordance with paragraph (a) of this section, the merchandise shall not be released before:</P> <P>(1) The entry has been liquidated and the full amount of all duties and taxes due, including dumping or other special <PRTPAGE P="54"/>duties and charges, has been paid, or the right to free entry established.</P> <P>(2) The port director determines that the merchandise may be admitted into the commerce of the United States, and</P> <P>(3) All documents relating to the merchandise which are required by law or regulation have been filed.</P> <SECAUTH>(R.S. 251, as amended, secs. 623, as amended, 624, 46 Stat. 759, as amended (19 U.S.C. 66, 1623, 1624))</SECAUTH> <CITA>[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 84-213, 49 FR 41185, Oct. 19, 1984]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Special Permit for Immediate Delivery</HD> <SECTION> <SECTNO>§ 142.21</SECTNO> <SUBJECT>Merchandise eligible for special permit for immediate delivery.</SUBJECT> <P>Merchandise may be released under a special permit for immediate delivery, in accordance with section 448(b), Tariff Act of 1930, as amended (19 U.S.C. 1448(b)), in the following circumstances:</P> <P>(a) <E T="03">Contiguous countries.</E> At the discretion of the port director, merchandise arriving by land from Canada or Mexico may be released under a special permit for immediate delivery provided the importer has on file a bond on CBP Form 301, containing the bond conditions set forth in § 113.62 of this chapter. An entry summary shall be filed in accordance with § 142.22(b)(1), and estimated duties, if any, shall be deposited, within the time period specified in § 142.23 for all merchandise from contiguous countries released under a special permit except for fresh fruits and vegetables for human consumption released under the provisions of paragraph (b) of this section.</P> <P>(b) <E T="03">Fresh fruits and vegetables.</E> (1) An application for a special permit for immediate delivery may be made for the transportation of fresh fruits and vegetables for human consumption arriving from Canada or Mexico to the importer's premises within the port of importation, but removed from the area immediately contiguous to the border.</P> <P>(2) The application shall be accompanied by a continuous bond on CBP Form 301, containing the bond conditions set forth in § 113.62 of this chapter.</P> <P>(3) The fresh fruits and vegetables shall be transported to the importer's premises in the vehicles in which they crossed the border or, if transshipment is necessary in vehicles provided by the importer. The fresh fruits and vegetables may be examined at the importer's premises. Those portions without commercial value may be disposed of in accordance with the provisions of § 158.11(b) of this chapter, and the balance shall be entered for consumption or transported in bond under an entry for immediate transportation without appraisement or under an entry for transportation and exportation.</P> <P>(c) <E T="03">Agency of U.S. Government.</E> Merchandise may be released under the immediate delivery procedure if the shipment is consigned to or for the account of any agency or office of the United States Government, or to an officer or official of any such agency in his official capacity, as provided in § 10.101 of this chapter.</P> <P>(d) <E T="03">Articles of a trade fair.</E> Articles for a trade fair may be released under the immediate delivery procedure, as provided in § 147.13 of this chapter.</P> <P>(e) <E T="03">Quota-class merchandise</E>—(1) <E T="03">Tariff rate quotas.</E> At the discretion of the port director, merchandise subject to a tariff-rate quota may be released under a special permit for immediate delivery provided the importer has on file a bond on CBP Form 301, containing the bond conditions set forth in § 113.62 of this chapter. However, merchandise subject to a tariff-rate quota may not be incrementally released under a special permit for immediate delivery as provided in paragraphs (g) and (h) of this section. Nor is such merchandise eligible for release under a special permit pursuant to 19 CFR 141.58(d)(1). Where a special permit is authorized, an entry summary will be properly presented pursuant to § 132.1 of this chapter within the time specified in § 142.23, or within the quota period, whichever expires first. If proper presentation is not made until after the tariff-rate quota is filled, the merchandise shall not be entitled to the quota rate of duty, and the importer shall pay duties at the over-quota rate.</P> <P>(2) <E T="03">Absolute quotas.</E> At the discretion of the port director, perishable merchandise of a class approved by CBP <PRTPAGE P="55"/>Headquarters which is subject to an absolute quota may be released under a special permit for immediate delivery for removal to the importer's premises, or to any other location approved by the port director, until an entry summary is properly presented pursuant to § 132.1 of this chapter. However, merchandise subject to an absolute quota under this paragraph may not be incrementally released under a special permit for immediate delivery as provided in paragraphs (g) and (h) of this section. Nor is such merchandise eligible for release under a special permit pursuant to § 141.58(d)(1) of this chapter. Where a special permit is authorized, a proper entry summary must be presented for merchandise so released within the time specified in § 142.23, or within the quota period, whichever expires first. If the absolute quota is filled before the importer has properly presented an entry summary, he may either present an entry summary for warehouse or, under CBP supervision, export or destroy the merchandise.</P> <P>(f) <E T="03">Release from warehouse followed by warehouse withdrawal for consumption.</E> Merchandise may be released from warehouse under a special permit:</P> <P>(1) At the discretion of the port director when:</P> <P>(i) The warehouse is located a considerable distance from the customhouse and actual release of the merchandise from the warehouse may not be effected within the next full business day after the day of the payment of duty, and</P> <P>(ii) The port has sufficient manpower to permit such practice;</P> <P>(2) The importer shall have on file a bond on CBP Form 301, containing the bond conditions set forth in § 113.62 of this chapter; and</P> <P>(3) The immediate delivery permit shall be annotated to state that a warehouse withdrawal for consumption will be filed for this merchandise.</P> <P>(g) <E T="03">Split shipments</E>. Merchandise subject to § 141.57(d)(2) of this chapter, which is invoiced and delivered to the carrier as a single shipment, but which, due to the carrier's inability to accommodate the merchandise on a single conveyance, is shipped by the carrier in separate portions to the same port of entry in the United States as listed on the original bill of lading, may be released incrementally under a special permit. Incremental release means releasing each portion of such shipments separately as they arrive.</P> <P>(h) <E T="03">Entities shipped unassembled or disassembled on multiple conveyances</E>. Merchandise subject to § 141.58(d)(2) of this chapter, which is purchased, invoiced, and classified as a single entity under the Harmonized Tariff Schedule of the United States (HTSUS), and which is shipped in separate portions because its size or nature prevents shipping the entity on a single conveyance, may be released incrementally under a special permit.</P> <P>(i) <E T="03">When authorized by Headquarters</E>. Headquarters may authorize the release of merchandise under the immediate delivery procedure in circumstances other than those described in § 142.21(a) through (h) provided a bond on CBP Form 301 containing the bond conditions set forth in § 113.62 of this chapter is on file.</P> <SECAUTH>(R.S. 251, as amended, secs. 623, as amended, 624, 46 Stat. 759, as amended (19 U.S.C. 66, 1623, 1624))</SECAUTH> <CITA>[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 81-260, 46 FR 49842, Oct. 8, 1981; T.D. 84-213, 49 FR 41185, Oct. 19, 1984; T.D. 89-104, 54 FR 50499, Dec. 7, 1989; T.D. 03-09, 68 FR 8721, Feb. 25, 2003; CBP Dec. 06-11, 71 FR 31927, June 2, 2006]</CITA> </SECTION> <SECTION> <SECTNO>§ 142.22</SECTNO> <SUBJECT>Application for special permit for immediate delivery.</SUBJECT> <P>(a) <E T="03">Form.</E> An application for a special permit for immediate delivery will be made on CBP Form 3461, supported by the documentation provided for in § 142.3. A commercial invoice will not be required, except for merchandise released under the provisions of 19 U.S.C. 1484(j). Instead of a commercial invoice, the importer may deliver to CBP a pro forma invoice, waybill, or other document setting forth an adequate description of the merchandise and the quantities, together with the values or approximate values when values are needed for the purpose of examination. If the merchandise is to be released under a term special permit, the documentation also shall show the term special permit number, as provided for in § 142.24.<PRTPAGE P="56"/> </P> <P>(b) <E T="03">CBP custody.</E> Merchandise for which a special permit for immediate delivery has been issued under § 142.21 of this part shall be considered to remain in CBP custody until the filing of one of the following:</P> <P>(1) An entry summary for consumption, with estimated duties attached; an entry summary for consumption without estimated duties attached, if entry/entry summary information and a valid scheduled statement date (pursuant to § 24.25 of this chapter) have successfully been received by CBP via the Automated Broker Interface; an entry summary for warehouse; or an entry summary for entry temporarily under bond, which may be filed in any of the circumstances under § 142.21 of this part except for merchandise released from warehouse under § 142.21(f) of this part;</P> <P>(2) A withdrawal for consumption, with estimated duties attached, which shall be filed only for merchandise released from warehouse under § 142.21(f) of this part;</P> <P>(3) An entry for transportation and exportation, immediate transportation without appraisement, or direct exportation, which shall be filed in those circumstances under § 142.21(b) and (e)(2) of this part; or entry for transportation and exportation, or direct exportation, which shall be filed in the circumstances under § 142.28 of this part or</P> <P>(4) An application to destroy, which shall be filed in those circumstances under §§ 142.21(b) and (e)(2), and § 142.28 of this part.</P> <SECAUTH>(R.S. 251, as amended, secs. 623, as amended, 624, 46 Stat. 759, as amended (19 U.S.C. 66, 1623, 1624))</SECAUTH> <CITA>[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 81-260, 46 FR 49842, Oct. 8, 1981; T.D. 89-104, 54 FR 50499, Dec. 7, 1989; T.D. 03-09, 68 FR 8721, Feb. 25, 2003; CBP Dec. 06-11, 71 FR 31927, June 2, 2006]</CITA> </SECTION> <SECTION> <SECTNO>§ 142.23</SECTNO> <SUBJECT>Time limit for filing documentation after release.</SUBJECT> <P>The applicable documentation described in § 142.22(b) shall be filed, and estimated duties, if any, shall be deposited, within 10 working days after the merchandise or any part of the merchandise is authorized for release under a special permit for immediate delivery or, for quota class merchandise within the quota period, whichever expires first.</P> <CITA>[T.D. 79-221, 44 FR 46821, Aug. 9, 1979; T.D. 80-26, 45 FR 3901, Jan. 21, 1980; T.D. 98-34, 63 FR 19399, Apr. 20, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 142.24</SECTNO> <SUBJECT>Special permit.</SUBJECT> <P>(a) <E T="03">Conditions for issuance.</E> At the discretion of the port director, a special permit for immediate delivery may be issued on Customs Form 3461, appropriately modified, for a class or classes of merchandise particularly described in the application for the permit.</P> <P>(b) <E T="03">Notation of value for each shipment.</E> When applying for the release of a shipment of merchandise under a special permit for immediate delivery, the importer shall note a value for the shipment on the documentation presented. The value so noted shall not be less than the invoice value.</P> <SECAUTH>(R.S. 251, as amended, secs. 623, as amended, 624, 46 Stat. 759, as amended (19 U.S.C. 66, 1623, 1624))</SECAUTH> <CITA>[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 84-213, 49 FR 41185, Oct. 19, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 142.25</SECTNO> <SUBJECT>Discontinuance of immediate delivery privileges.</SUBJECT> <P>(a) <E T="03">Authority of port director.</E> The port director may discontinue immediate delivery privileges if the importer:</P> <P>(1) Has failed repeatedly to file the applicable Customs documentation set forth in § 142.22(b) timely without justification, or</P> <P>(2) Has not taken prompt action to settle a claim for liquidated damages issued under § 142.27 for failure to file the applicable Customs documentation set forth in § 142.22(b) timely, or a claim for liquidated damages issued under the basic importation and entry bond for failure to deposit estimated duties, taxes and charges timely, as provided in such bond. “Prompt action” means that the importer, within the time specified in a claim for liquidated damages shall petition for relief or pay the amount claimed and, file the applicable documentation and deposit estimated duties, if any.</P> <P>(3) Has repeatedly delivered documentation required by § 142.22(b) which is incomplete or which contains erroneous information.<PRTPAGE P="57"/> </P> <P>(4) Is substantially or habitually delinquent in the payment of Customs bills. See § 142.26.</P> <P>(b) <E T="03">Brokers; restriction.</E> A broker shall not circumvent an action taken under this section by applying for the immediate release of the importer's merchandise in the broker's name and under the broker's bond.</P> <CITA>[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 93-37, 58 FR 30984, May 28, 1993; T.D. 95-77, 60 FR 50020, Sept. 27, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 142.26</SECTNO> <SUBJECT>Delinquent payment of Customs bills.</SUBJECT> <P>The following procedures shall be followed if an importer is substantially or habitually delinquent in the payment of Customs bills:</P> <P>(a) <E T="03">Notice.</E> The importer shall be advised in writing by the director of the port in which he is substantially or habitually delinquent that his immediate delivery privileges have been suspended. The notice shall state the reason for the action and advise the importer that if payment of all his delinquent Customs bills is not made within 10 working days from the date of the notice, the importer's immediate delivery privileges also shall be suspended at all Customs ports.</P> <P>(b) <E T="03">Reinstatement of privileges by port.</E> If the importer pays all his delinquent Customs bills within 10 working days after the date of the notice, the suspension shall be removed, and the importer's immediate delivery privileges shall be reinstated.</P> <P>(c) <E T="03">Reinstatement of privileges by Headquarters.</E> If the importer has not paid all his delinquent Customs bills within 10 working days after the date of the notice, his immediate delivery privileges shall be suspended at all Customs ports. This suspension shall remain in effect in each port of entry until notification is received from Headquarters that the suspension is removed and that the importer's immediate delivery privileges have been reinstated.</P> </SECTION> <SECTION> <SECTNO>§ 142.27</SECTNO> <SUBJECT>Failure to file documentation timely.</SUBJECT> <P>If the applicable Customs documentation set forth in § 142.22(b) is not filed within the time provided in § 142.23, the port director shall make an immediate demand for liquidated damages in the amount of the bond in the case of a single entry bond. When the transaction has been charged against a continuous bond, the demand shall be for the amount that would have been demanded if the merchandise had been released under a single entry bond. Any application for cancellation of liquidated damages incurred shall be made in accordance with part 172 of this chapter.</P> <SECAUTH>(R.S. 251, as amended, secs. 623, as amended, 624, 46 Stat. 759, as amended (19 U.S.C. 66, 1623, 1624))</SECAUTH> <CITA>[T.D. 79-221, 44 FR 46821, Aug. 9, 1979, as amended by T.D. 84-213, 49 FR 41185, Oct. 19, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 142.28</SECTNO> <SUBJECT>Withdrawal or entry summary not required for prohibited merchandise.</SUBJECT> <P>(a) <E T="03">Exportation or destruction of prohibited merchandise.</E> If merchandise released under a special permit for immediate delivery later is found to be prohibited, the port director shall demand its recall in accordance with § 141.113 of this chapter (applicable to the recall of merchandise released from Customs custody), and withdrawal or entry summary documentation and the deposit of estimated duties, if any, shall not be required provided:</P> <P>(1) The merchandise is exported or destroyed under Customs supervision within the time limit for entry specified in § 142.23, or</P> <P>(2) An entry for exportation or for transportation and exportation on Customs form 7512, or an application to destroy the merchandise, is made within the specified time limit, and the exportation or destruction is accomplished promptly.</P> <P>(b) <E T="03">Procedures for exportation or destruction.</E> The exportation or destruction of prohibited merchandise required by paragraph (a) of this section shall be under the same procedures as exportation or destruction of prohibited merchandise covered by a consumption entry with remission or refund of duties. See §§ 158.41 and 158.45(c) of this chapter.</P> <P>(c) <E T="03">Notation on exportation entry.</E> An entry for exportation or for transportation and exportation of prohibited merchandise for which no entry summary for consumption has been filed <PRTPAGE P="58"/>shall be stamped or imprinted conspicuously with the legend:</P> </SECTION> <SUBJGRP> <HD SOURCE="HED">Prohibited Merchandise, No Other Entry Filed</HD> <SECTION> <SECTNO>§ 142.29</SECTNO> <SUBJECT>Other procedures applicable.</SUBJECT> <P>Merchandise released under a special permit for immediate delivery shall be subject to the same procedures applicable to all other imported merchandise, unless specific procedures are set forth in this subpart.</P> </SECTION> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Line Release</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>T.D. 92-93, 57 FR 44093, Sept. 24, 1992, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 142.41</SECTNO> <SUBJECT>Line Release.</SUBJECT> <P>Line Release is an automated system designed to release and tract repetitive shipments. It is a method of entry or immediate delivery extended to importers of merchandise which CBP deems to be repetitive and high volume. Line Release may be used only at locations approved by CBP for handling Line Release. At certain high-risk locations along the land borders of the United States (the locations to be published in the <E T="04">Federal Register</E>), which are approved by CBP for handling Line Release, the use of Line Release for particular shipments may be denied by CBP unless the imported merchandise is transported by carriers that participate in a CBP-approved industry partnership program.</P> <CITA>[T.D. 92-93, 57 FR 44093, as amended by T.D. 99-2, 64 FR 33, Jan. 4, 1999; CBP Dec. 11-04, 76 FR 6690, Feb. 8, 2011]</CITA> </SECTION> <SECTION> <SECTNO>§ 142.42</SECTNO> <SUBJECT>Application for Line Release processing.</SUBJECT> <P>In order to obtain approval for processing import transactions through Line Release, a broker or importer filing its own entries (entry filer) must submit an application to the port director, signed by the entry filer, in a format described as a Line Release Data Loading Sheet. The application must be accompanied by a representative sample of an actual commercial invoice for the products sought to be processed under Line Release. The Line Release Data Loading Sheet must contain the following information with each information element appearing on a separate line.</P> <P>(a) Port where application is being made.</P> <P>(b) Initiating Company Information: name, address, city, state, contact person, phone number of contact person, and signature.</P> <P>(c) Listing of all ports in which the initiating company has filed a similar application for Line Release.</P> <P>(d) Country of origin codes (ISO codes from Annex B of HTSUS) for the merchandise.</P> <P>(e) Shipper or manufacturer information: Name, address, city, province/state, country, postal code, indication by noting “M” or “S” whether this information relates to a manufacturer (M) or a shipper (S), and manufacturer identification number of the shipper or manufacturer.</P> <P>(f) Importer information (if importer is different than filer): Name, address, city, state and country, zip code, importer number, bond number, and surety code.</P> <P>(g) Entry filer information: Name, importer number, filer code, bond number, and surety code.</P> <P>(h) Product information: Product description, manifest unit of measure, HTSUS number described to sub-heading level for particular product or range of HTSUS numbers at sub-heading levels for multiple products for which Line Release is sought.</P> <P>(i) Election of whether the Line Release transaction is to be considered an entry or an immediate delivery.</P> </SECTION> <SECTION> <SECTNO>§ 142.43</SECTNO> <SUBJECT>Line Release application approval process.</SUBJECT> <P>(a) <E T="03">Port review.</E> The port director shall review each Line Release application to determine whether the shipments qualify for Line Release processing. The port director may contact the applicant for further information, if necessary. An application that fails to elect whether the Line Release transaction is to be considered an entry or an immediate delivery will be returned to the applicant. If all required information is submitted, the application will be forwarded to Headquarters for final processing.<PRTPAGE P="59"/> </P> <P>(b) <E T="03">Assignment of C-4 Codes.</E> A C-4 Code (Common Commodity Classification Code), which is a unique code identifying the shipper or manufacturer, importer, entry filer, and the product for each Line Release shipment, shall be assigned by Headquarters to each application approved for Line Release. Headquarters shall annotate each approved application with a C-4 Code and return the application to the port director who shall return the approved application to the entry filer.</P> <P>(c) <E T="03">Denial of Line Release application.</E> If the port director is considering the denial of a Line Release application, consideration shall be given to whether an application by the same filer for the same transaction has been approved at another port. If there is not an approved application at another port and the port director determines that the application shall be denied, the application shall be noted denied and returned to the entry filer without a C-4 Code annotation by the port director. If an application has been approved at another port, but the port director still questions whether the application should be approved at his port, the port director shall forward the application to the Assistant Commissioner, Office of Information Management. The Office of Information and Technology will review the application and will notify the port director of the final determination.</P> </SECTION> <SECTION> <SECTNO>§ 142.44</SECTNO> <SUBJECT>Entry number range.</SUBJECT> <P>After an application for Line Release has received final approval, filers must provide the port director, in writing, with a range of entry numbers for use in the system so that an entry number can be assigned automatically to each Line Release transaction. For the purposes of this subpart, “entry number”, when the release is an immediate delivery, merely refers to the Line Release transaction number; this number does not become the actual entry number until an entry for the merchandise released under the immediate delivery procedure is filed. A separate range must be provided for each Line Release site at the port. These entry numbers shall be used for assignment within the Line Release system. Entry filers shall not assign these numbers to other entry transactions.</P> </SECTION> <SECTION> <SECTNO>§ 142.45</SECTNO> <SUBJECT>Use of bar code by entry filer.</SUBJECT> <P>(a) <E T="03">Printing of C-4 Code.</E> Upon receipt of an approved Line Release application, the entry filer, in accordance with instructions from the port director, shall preprint invoices with the C-4 Code in bar code and alpha-numeric format or print labels with the necessary information. Bar codes shall be printed in accordance with the specifications stated in Customs Publication 561 (<E T="03">Line Release Overview</E>). Labels or preprinted invoices also shall state the name of the shipper or manufacturer of the product and the name of the importer of record, if other than the entry filer, above the bar code and the name of the entry filer and a product description below the bar code.</P> <P>(b) <E T="03">Multiple commodity processing.</E> Multiple commodity processing allows more than one product to be released under one entry number. The shipper/manufacturer, importer of record and the entry filer must be the same. The product description is the only variable allowed. The commodities should be listed on one invoice with C-4 Code labels for each commodity attached to the invoice.</P> <P>(c) <E T="03">Distribution of labels.</E> If labels are used, the labels shall be affixed to the invoices in accordance with instructions from the port director. The entry filer may either affix the labels or distribute the labels to the shippers/manufacturers and instruct them in the use and placement of the labels.</P> </SECTION> <SECTION> <SECTNO>§ 142.46</SECTNO> <SUBJECT>Presentation of invoice and assignment of entry number.</SUBJECT> <P>(a) <E T="03">Presentation of invoice.</E> When merchandise that has been approved for Line Release is imported at a Line Release site, the carrier, importer or filer shall present Customs with an invoice with the bar code or codes printed or affixed and, according to the method of transportation, the appropriate manifest document.</P> <P>(b) <E T="03">Verification of data.</E> If after scanning the bar code at the Line Release site, the Customs officer verifies the data on the bar code with the information on the invoice, he will key the quantity on the invoice and an entry <PRTPAGE P="60"/>number will be automatically assigned to the transaction. If there are any differences between the system data and the invoice and bar code, including any differences in entry filer, the Customs officer shall order an examination.</P> <P>(c) <E T="03">Other agency documentation.</E> If the Line Release shipment requires other agency documentation, the Customs officer at the Line Release site will be alerted to that requirement electronically when he verifies the data on the bar code with the information on the invoice. If the required form is presented to the officer with the documentation package, the shipment may be released.</P> </SECTION> <SECTION> <SECTNO>§ 142.47</SECTNO> <SUBJECT>Examinations of Line Release transactions.</SUBJECT> <P>(a) <E T="03">General.</E> Merchandise imported under Line Release generally may be released without further CBP processing. CBP, however, may choose to inspect any Line Release shipment. Examinations may be either specifically ordered by the CBP officer or random.</P> <P>(b) <E T="03">Voiding of Line Release transaction.</E> CBP may void a Line Release transaction for the following reasons: Because of an examination, because a carrier transporting the Line Release merchandise is not a participant in a CBP-approved industry partnership program, or because a driver or conveyance is not authorized in accordance with the LBCIP. If this occurs, CBP will return the invoice to the carrier, and the entry filer, in order to enter merchandise, must prepare and submit either a CF 3461 or 3461 Alternate.</P> <CITA>[T.D. 92-93, 57 FR 44093, Sept. 24, 1992, as amended by T.D. 99-2, 64 FR 33, Jan. 4, 1999; CBP Dec. 11-04, 76 FR 6690, Feb. 8, 2011]</CITA> </SECTION> <SECTION> <SECTNO>§ 142.48</SECTNO> <SUBJECT>Release procedure.</SUBJECT> <P>(a) <E T="03">General.</E> When the Customs officer at the Line Release site determines that a shipment is ready for release, release data, consisting of the entry number, the date and time of release, the inspector's badge number, the quantity and unit of measure, and the C-4 Code will be printed on the invoice and the manifest document and, when other agency documentation is presented, may be printed on that documentation. The invoice shall be returned to the entry filer and the manifest document shall be retained by Customs.</P> <P>(b) <E T="03">Notification to non-ABI participants.</E> The returned invoice with the release data shall be the release notification to non-ABI participants.</P> <P>(c) <E T="03">Notification to ABI participants.</E> If the Line Release entry filer is an operational ABI participant, the filer shall receive an electronic notification of the release consisting of the importer of record number, the port of entry, the filer code, the entry number, the date and time of release, the manufacturer code, the quantity and unit of measure, the release site, the HTSUS number(s), the C-4 Code and the country or countries of origin.</P> </SECTION> <SECTION> <SECTNO>§ 142.49</SECTNO> <SUBJECT>Deletion of C-4 Code.</SUBJECT> <P>(a) <E T="03">By Customs.</E> A port director may temporarily or permanently delete an entry filer's C-4 Code without providing the participant with any justification and without prior notification in cases of willfulness or when public health, interest, or safety so requires, thereby revoking the filer's use of Line Release.</P> <P>(b) <E T="03">By entry filer.</E> Entry filers may delete C-4 Codes from Line Release by notifying the port director in writing on a Deletion Data Loading Sheet. Such notification shall state the C-4 Code which is to be deleted, the port where the C-4 Code is to be deleted and the reason for the requested deletion. A copy of the originally approved Data Loading Sheet must be submitted with the Deletion Data Loading Sheet. If only a temporary deletion is desired, the filer shall state the requested effective date for the deletion and the date the C-4 Code is requested to be returned to Line Release processing.</P> </SECTION> <SECTION> <SECTNO>§ 142.50</SECTNO> <SUBJECT>Line Release data base corrections or changes.</SUBJECT> <P>The applicant shall notify the port director of any changes in names, importer or filer numbers or bond information on a Line Release Data Loading Sheet as soon as possible. Notification shall be accomplished by the submission of a copy of the original loading sheet with a Correction Data Loading Sheet.</P> </SECTION> <SECTION> <PRTPAGE P="61"/> <SECTNO>§ 142.51</SECTNO> <SUBJECT>Changing election of entry or immediate delivery.</SUBJECT> <P>An applicant who has already received a C-4 Code and wishes to change the election chosen on his Line Release application as to whether the release should be considered an entry or an immediate delivery must submit a letter requesting such change to the port director where the C-4 Code is used. This letter must include the C-4 Code to be changed and the date the change is to be effective. If the requested change is for a temporary time period, the letter shall include the date the releases are to return to the release type originally requested. Applications that fail to state the effective dates of the changes requested will be returned to the applicant.</P> </SECTION> <SECTION> <SECTNO>§ 142.52</SECTNO> <SUBJECT>Port-wide and multiple port acceptance of Line Release.</SUBJECT> <P>(a) <E T="03">Port-wide processing.</E> If a C-4 Code has been approved by the port director, the C-4 Code may be used at any Line Release site at the port.</P> <P>(b) <E T="03">Multiple port processing.</E> In order for a C-4 Code approved at one port to be used at another port, the entry filer must submit an application to the port director of the other port. While uniform criteria shall be applied to approving similar shipments for Line Release at all ports, a port director may exercise his discretion to deny Line Release at his port even though a similar shipment may be approved at another port.</P> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 143</EAR> <HD SOURCE="HED">PART 143—SPECIAL ENTRY PROCEDURES</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>143.0</SECTNO> <SUBJECT>Scope.</SUBJECT> <SUBPART> <HD SOURCE="HED">Subpart A—Automated Broker Interface</HD> <SECTNO>143.1</SECTNO> <SUBJECT>Eligibility.</SUBJECT> <SECTNO>143.2</SECTNO> <SUBJECT>Application.</SUBJECT> <SECTNO>143.3</SECTNO> <SUBJECT>Action on application.</SUBJECT> <SECTNO>143.4</SECTNO> <SUBJECT>Confidentiality of data.</SUBJECT> <SECTNO>143.5</SECTNO> <SUBJECT>System performance requirements.</SUBJECT> <SECTNO>143.6</SECTNO> <SUBJECT>Failure to maintain performance standards.</SUBJECT> <SECTNO>143.7</SECTNO> <SUBJECT>Revocation of ABI participation.</SUBJECT> <SECTNO>143.8</SECTNO> <SUBJECT>Appeal of suspension or revocation.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Appraisement Entry</HD> <SECTNO>143.11</SECTNO> <SUBJECT>Merchandise eligible for appraisement entry.</SUBJECT> <SECTNO>143.12</SECTNO> <SUBJECT>Form of entry.</SUBJECT> <SECTNO>143.13</SECTNO> <SUBJECT>Documents to be presented with entry.</SUBJECT> <SECTNO>143.14</SECTNO> <SUBJECT>Payment of additional expenses.</SUBJECT> <SECTNO>143.15</SECTNO> <SUBJECT>Deposit of estimated duties and taxes.</SUBJECT> <SECTNO>143.16</SECTNO> <SUBJECT>Substitution of warehouse entry.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Informal Entry</HD> <SECTNO>143.21</SECTNO> <SUBJECT>Merchandise eligible for informal entry.</SUBJECT> <SECTNO>143.22</SECTNO> <SUBJECT>Formal entry may be required.</SUBJECT> <SECTNO>143.23</SECTNO> <SUBJECT>Form of entry.</SUBJECT> <SECTNO>143.24</SECTNO> <SUBJECT>Preparation of Customs Form 7501 and Customs Form 368 or 368A (serially numbered).</SUBJECT> <SECTNO>143.25</SECTNO> <SUBJECT>Information on entry form.</SUBJECT> <SECTNO>143.26</SECTNO> <SUBJECT>Party who may make informal entry of merchandise.</SUBJECT> <SECTNO>143.27</SECTNO> <SUBJECT>Invoices.</SUBJECT> <SECTNO>143.28</SECTNO> <SUBJECT>Deposit of duties and release of merchandise.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Electronic Entry Filing</HD> <SECTNO>143.31</SECTNO> <SUBJECT>Applicability.</SUBJECT> <SECTNO>143.32</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>143.33</SECTNO> <SUBJECT>Eligibility criteria for participation.</SUBJECT> <SECTNO>143.34</SECTNO> <SUBJECT>Procedure for electronic immediate delivery or entry.</SUBJECT> <SECTNO>143.35</SECTNO> <SUBJECT>Procedure for electronic entry summary.</SUBJECT> <SECTNO>143.36</SECTNO> <SUBJECT>Form of immediate delivery, entry and entry summary.</SUBJECT> <SECTNO>143.37</SECTNO> <SUBJECT>Retention of records.</SUBJECT> <SECTNO>143.38</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>143.39</SECTNO> <SUBJECT>Penalties.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Remote Location Filing</HD> <SECTNO>143.41</SECTNO> <SUBJECT>Applicability.</SUBJECT> <SECTNO>143.42</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>143.43</SECTNO> <SUBJECT>RLF eligibility criteria.</SUBJECT> <SECTNO>143.44</SECTNO> <SUBJECT>RLF procedure.</SUBJECT> <SECTNO>143.45</SECTNO> <SUBJECT>Filing of additional entry information.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>19 U.S.C. 66, 1414, 1481, 1484, 1498, 1624, 1641.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>T.D. 73-175, 38 FR 17463, July 2, 1973, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 143.0</SECTNO> <SUBJECT>Scope.</SUBJECT> <P>This part sets forth the requirements and procedures for participation in the Automated Broker Interface (ABI), for the clearance of imported merchandise under appraisement and informal entries, and under electronic entry filing and under Remote Location Filing <PRTPAGE P="62"/>(RLF). All requirements and procedures set forth in this part are in addition to the general requirements and procedures for all entries set forth in part 141 of this chapter. More specific requirements and procedures are set forth elsewhere in this chapter; for example, part 145 concerns importations by mail and part 10 concerns merchandise conditionally free of duty or subject to a reduced rate.</P> <CITA>[CBP Dec. 09-47, 74 FR 69020, Dec. 30, 2009]</CITA> </SECTION> <SUBPART> <HD SOURCE="HED">Subpart A—Automated Broker Interface</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>T.D. 90-92, 55 FR 49884, Dec. 3, 1990, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 143.1</SECTNO> <SUBJECT>Eligibility.</SUBJECT> <P>The Automated Broker Interface (ABI) is a module of the Customs Automated Commercial System (ACS) which allows participants to transmit data electronically to CBP through ABI and to receive transmissions through ACS. Its purposes are to improve administrative efficiency, enhance enforcement of customs and related laws, lower costs and expedite the release of cargo.</P> <P>(a) <E T="03">Participants for entry and entry summary purposes</E>. Participants in ABI for the purposes of transmitting data relating to entry and entry summary may be:</P> <P>(1) Customs brokers as defined in § 111.1 of this chapter;</P> <P>(2) Importers as defined in § 101.1 of this chapter; and</P> <P>(3) ABI service bureaus, that is, an individual, partnership, association or corporation which provides communications facilities and data processing services for brokers and importers, but which does not engage in the conduct of customs business as defined in § 111.1 of this chapter.</P> <P>(b) <E T="03">Participants for Importer Security Filing purposes</E>. Any party may participate in ABI solely for the purposes of filing the Importer Security Filing pursuant to § 149.2 of this chapter if that party fulfills the eligibility requirements contained in § 149.5 of this chapter. If a party other than a customs broker as defined in § 111.1 of this chapter or an importer as defined in 19 U.S.C. 1484 submits the Importer Security Filing, no portion of the Importer Security Filing can be used for entry or entry summary purposes pursuant to § 149.5 of this chapter.</P> <P>(c) <E T="03">Participants for other purposes</E>. Upon approval by CBP, any party may participate in ABI for other purposes, including transmission of protests, forms relating to in-bond movements (CBP Form 7512), and applications for FTZ admission (CBP Form 214).</P> <CITA>[CBP Dec. 08-46, 73 FR 71782, Nov. 25, 2008]</CITA> </SECTION> <SECTION> <SECTNO>§ 143.2</SECTNO> <SUBJECT>Application.</SUBJECT> <P>A prospective participant in ABI shall submit a letter of intent to the port director closest to his principal office, with a copy to the Assistant Commissioner, Information and Technology, or designee. The letter of intent shall set forth a commitment to develop, maintain and adhere to the performance requirements and operational standards of the ABI system in order to ensure the validity, integrity and confidentiality of the data transmitted. The letter of intent must also contain the following, as applicable:</P> <P>(a) A description of the computer hardware, communications and entry processing systems to be used and the estimated completion date of the programming;</P> <P>(b) If the participant has offices in more than one location, the location of each office and the estimated start-up date for each office listed;</P> <P>(c) The name(s) of the participant's principal management and contact person(s) regarding the system;</P> <P>(d) If the system is being developed or supported by a data processing company, the data processing company's name and the contact person;</P> <P>(e) The software vendor's name and the contact person; and</P> <P>(f) The participant's entry filer code and average monthly volume.</P> </SECTION> <SECTION> <SECTNO>§ 143.3</SECTNO> <SUBJECT>Action on application.</SUBJECT> <P>(a) <E T="03">Approval.</E> Permission to use ABI will be granted by the Assistant Commissioner, Information and Technology, or his designee, only to those applicants who are not delinquent or otherwise remiss in their transactions with Customs and are in compliance <PRTPAGE P="63"/>with the ABI system performance procedures and standards as described in § 143.5 of this subpart. If there is any cause to question the qualifications or fitness of the applicant to participate in ABI, the application may be referred for investigation and report. The investigation may include, but need not be limited to:</P> <P>(1) The accuracy of the information provided in the letter of intent;</P> <P>(2) The business integrity of the applicant;</P> <P>(3) The character and reputation of an individual applicant or a member of a partnership or an officer of an association or corporation; and</P> <P>(4) The character and reputation of the software vendor.</P> <P>(b) <E T="03">Denial.</E> If permission to use ABI is denied to an applicant by the Assistant Commissioner, Information and Technology, or his designee, written notice, including the grounds for the denial, will be given to him and to the port director. The applicant may appeal the denial in the manner prescribed in § 143.8 of this subpart and those procedures for handling an appeal shall apply.</P> </SECTION> <SECTION> <SECTNO>§ 143.4</SECTNO> <SUBJECT>Confidentiality of data.</SUBJECT> <P>The electronic data received and exchanged by a service bureau shall be considered confidential, and the service bureau shall maintain the accuracy of data received in the process of formatting and transmitting such data on behalf of a filer, and shall not disclose this data or any information connected therewith to any persons other than the filer or Customs (see § 111.24 of this chapter).</P> </SECTION> <SECTION> <SECTNO>§ 143.5</SECTNO> <SUBJECT>System performance requirements.</SUBJECT> <P>The performance requirements and operational standards for electronic data filing are detailed in Customs Publication 552, Customs And Trade Automated Interface Requirements (CATAIR), which is updated periodically. The User Support Services Division, Customs Headquarters, upon request, shall provide each prospective participant with a copy of this publication. Each prospective participant must demonstrate that his system can interface directly with the Customs computer and ensure accurate submission of required data. Such demonstration will include intensive testing of the participant's system and monitoring of its performance in accordance with Publication 552.</P> </SECTION> <SECTION> <SECTNO>§ 143.6</SECTNO> <SUBJECT>Failure to maintain performance standards.</SUBJECT> <P>ABI participants must adhere to the performance requirements and operational standards of the ABI system and maintain a high level of quality in the transmission of data, as defined in Customs Publication 552 (CATAIR) and Customs directives and policy statements, in order to participate in ABI.</P> <P>(a) <E T="03">Probational status.</E> A participant who does not adhere to the requirements and standards of the ABI system or maintain a high level of quality as described above may be placed on probational status. The participant will be notified, electronically and in writing, by the Director, User Support Services Division, of any action to place the participant on probation. The notice will specifically set forth the grounds for the proposed probation, and advise the participant that he will have 15 days from the date of the notice to show cause why the probationary period should not take effect. If the participant fails to respond within the allotted time, or fails to show to the satisfaction of the Director, User Support Services Division, that the probationary period should not take effect, the Director will notify the participant of the effective date of the probationary period. The length of the probationary period may, in the discretion of the Director, User Support Services Division, be extended up to a maximum of 90 days, if the participant's performance remains below standard, but, except for immediate revocation under § 143.7, participation will not be suspended or revoked until the probationary period has lasted a minimum of 30 days. The participant's performance will be closely monitored during this time, which will include working with the participant and providing any necessary guidance to assist the participant in bringing his performance back to standard.</P> <P>(b) <E T="03">Suspension following probationary period.</E> If deficiencies are not corrected <PRTPAGE P="64"/>within the probationary period, the participant will be suspended from operational status. The participant will be notified, electronically and in writing, by the Director, User Support Services Division, of any action to suspend participation. The notice will specifically set forth the grounds and effective date for the suspension, and the right to appeal the suspension to the Assistant Commissioner, Information and Technology, within 10 days following the date of the written notice of suspension (see § 143.8).</P> <P>(c) <E T="03">Reinstatement following suspension.</E> To obtain reinstatement to operational status, a suspended participant must submit a letter to the Director, User Support Services Division, stating that the deficiencies for which the suspension was invoked have been corrected. If, after the participant has demonstrated compliance with the system performance requirements and operational standards specified in § 143.5 of this part, if required, the Director is satisfied that the deficiencies have been corrected, the participant will be reinstated.</P> </SECTION> <SECTION> <SECTNO>§ 143.7</SECTNO> <SUBJECT>Revocation of ABI participation.</SUBJECT> <P>(a) <E T="03">Fraud or misstatement of material fact.</E> If it is determined at any time that participation in the system was obtained through fraud or the misstatement of a material fact, the Executive Director, Trade Policy and Programs, Office of International Trade, will immediately revoke ABI participation.</P> <P>(b) <E T="03">Risk of significant harm to system.</E> If the participant's continued use of ABI would pose a potential risk of significant harm to the integrity and functioning of the system, the Director, User Support Services Division, will immediately revoke ABI participation.</P> <P>(c) <E T="03">Notification to participant.</E> The participant will be notified, electronically and in writing, by the applicable Director, of the revocation. The notice will specifically set forth the grounds and effective date of revocation, and the right to appeal the revocation to the Assistant Commissioner, Information and Technology, within 10 days following the date of the written notice of revocation.</P> </SECTION> <SECTION> <SECTNO>§ 143.8</SECTNO> <SUBJECT>Appeal of suspension or revocation.</SUBJECT> <P>If the participant files a written appeal with the Assistant Commissioner, Information and Technology, within 10 days following the date of the written notice of action to suspend or revoke participation as provided in §§ 143.6 and 143.7, the suspension or revocation of participation shall not take effect until the appeal is decided, except in those cases where the Executive Director, Trade Policy and Programs, Office of International Trade, or the Director, User Support Services Division, respectively, determines that participation was obtained through fraud or the misstatement of a material fact, or that continued participation would pose a potential risk of significant harm to the integrity and functioning of the system. The CBP officer who receives the appeal shall stamp the date of receipt of the appeal and the stamped date is the date of receipt for purposes of the appeal. The Assistant Commissioner shall inform the participant of the date of receipt and the date that a response is due under this paragraph. The Assistant Commissioner shall render his decision to the participant, in writing, stating his reasons therefor, by letter mailed within 30 working days following receipt of the appeal, unless this period is extended with due notification to the participant.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Appraisement Entry</HD> <SECTION> <SECTNO>§ 143.11</SECTNO> <SUBJECT>Merchandise eligible for appraisement entry.</SUBJECT> <P>(a) <E T="03">Without Commissioner's approval.</E> An application for entry by appraisement may be approved by the port director without securing the approval of the Commissioner of Customs for any of the following merchandise:</P> <P>(1) Merchandise damaged on the voyage of importation, by fire or through marine casualty or any other cause, without fault on the part of the shipper;</P> <P>(2) Merchandise recovered from a wrecked or stranded vessel;<PRTPAGE P="65"/> </P> <P>(3) Household effects used abroad and personal effects, not imported in pursuance of a purchase or agreement for purchase and not intended for sale;</P> <P>(4) Articles sent by persons in foreign countries as gifts to persons in the United States;</P> <P>(5) Tools of trade of a person arriving in the United States;</P> <P>(6) Personal effects of citizens of the United States who have died in a foreign country; and</P> <P>(7) Any of the following articles, which are deemed in accordance with section 498(a)(10), Tariff Act of 1930, as amended (19 U.S.C. 1498(a)(10)), to be articles the value of which cannot be declared:</P> <P>(i) Articles which are secondhand;</P> <P>(ii) Articles which have become deteriorated or damaged before importation otherwise than as specified in paragraph (a)(1) of this section;</P> <P>(iii) Articles which are not the subject of a commercial transaction; and</P> <P>(iv) So-called overages or dock accumulations which cannot be identified with any particular shipment.</P> <P>(b) <E T="03">With Commissioner's approval.</E> Entry by appraisement for merchandise not provided for in paragraph (a) of this section shall be allowed only with the approval of the Commissioner of Customs. Each request for such approval shall be filed in triplicate with the port director and shall state in detail the reasons for the request for entry by appraisement.</P> <P>(c) <E T="03">Merchandise not eligible.</E> An application for an entry by appraisement shall not be approved after the merchandise has been appraised or released from Customs custody, nor for damaged merchandise when the damage occurs after importation.</P> </SECTION> <SECTION> <SECTNO>§ 143.12</SECTNO> <SUBJECT>Form of entry.</SUBJECT> <P>Application for an entry by appraisement shall be made in triplicate on the entry summary, Customs Form 7501.</P> <CITA>[T.D. 84-129, 49 FR 23168, June 5, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 143.13</SECTNO> <SUBJECT>Documents to be presented with entry.</SUBJECT> <P>The importer shall in all cases present:</P> <P>(a) Any bills or statements of cost relating to the merchandise which may be in his possession; and</P> <P>(b) A declaration that he has no other information as to the value of the articles and is unable to obtain such information or to determine the value of the articles for the purpose of making formal entry thereof.</P> </SECTION> <SECTION> <SECTNO>§ 143.14</SECTNO> <SUBJECT>Payment of additional expenses.</SUBJECT> <P>Any additional expenses for cartage, storage, or labor occasioned by reason of an entry by appraisement shall be borne by the importer.</P> </SECTION> <SECTION> <SECTNO>§ 143.15</SECTNO> <SUBJECT>Deposit of estimated duties and taxes.</SUBJECT> <P>Estimated duties shall be deposited in accordance with subpart G of part 141 of this chapter before the merchandise is released from Customs custody.</P> </SECTION> <SECTION> <SECTNO>§ 143.16</SECTNO> <SUBJECT>Substitution of warehouse entry.</SUBJECT> <P>The importer may substitute an entry for warehouse at any time within 1 year from the date of importation, provided the merchandise has remained in continuous Customs custody.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Informal Entry</HD> <SECTION> <SECTNO>§ 143.21</SECTNO> <SUBJECT>Merchandise eligible for informal entry.</SUBJECT> <P>The following types of merchandise are among those which may be entered under informal entry (see §§ 141.52 and 143.22 of this chapter):</P> <P>(a) Shipments of merchandise not exceeding $2,000 in value (except for articles valued in excess of $250 classified in Sections VII, VIII, XI, and XII; Chapter 94 and Chapter 99, Subchapters III and IV, HTSUS);</P> <P>(b) Any installment, not exceeding $2,000 in value, of a shipment arriving at different times, as described in § 141.82 of this chapter;</P> <P>(c) A portion of one consignment, when such portion does not exceed $2,000 in value and may be entered separately pursuant to § 141.51 of this chapter. This paragraph does not apply to shipments of articles valued in excess of $250 classified under subheadings from Sections VII, VIII, XI, and XII; or in Chapter 94 and Chapter 99, Subchapters III and IV, HTSUS;</P> <P>(d) Household or personal effects or tools of trade entitled to free entry <PRTPAGE P="66"/>under Chapter 98, Subchapter IV, HTSUS (19 U.S.C. 1202);</P> <P>(e) Household effects used abroad and personal effects whether or not entitled to free entry, not imported in pursuance of a purchase or agreement for purchase and not intended for sale;</P> <P>(f) Household and personal effects described in paragraph (e) of this section when entered under subheading 9802.00.40, HTSUS (19 U.S.C. 1202), and the value of the repairs and alterations thereto does not exceed $2,000;</P> <P>(g) Personal effects not exceeding $2,000 in value of citizens of the United States who have died abroad;</P> <P>(h) Books and other articles classifiable under subheadings 4903.00.00, 4904.00.00, 4905.91.00, 4905.99.00, 9701.10.00, 9701.90.00, 9810.00.05, HTSUS (19 U.S.C. 1202), imported by a library or other institution described in subheadings 9810.00.05 and 9810.00.30, HTSUS (19 U.S.C. 1202);</P> <P>(i) Theatrical scenery, properties, and effects, motion-picture films, commercial travelers' samples and professional books, implements, instruments, and tools of trade, occupation, or employment, as set forth in § 10.68 of this chapter;</P> <P>(j) Merchandise which, upon written application to the Commissioner of Customs, is determined to be unique in character or design such that the value thereof cannot be declared and which is not intended for sale or imported in pursuance of a purchase or agreement for purchase; and</P> <P>(k) Products of the United States, when the aggregate value of the shipment does not exceed $10,000 and the products are imported—</P> <P>(1) For the purposes of repair or alteration prior to reexportation, or</P> <P>(2) After having been either rejected or returned by the foreign purchaser to the United States for credit.</P> <P>(l) Shipments of merchandise qualifying for the administrative exemptions under 19 U.S.C. 1321(a)(2) and provided for in—</P> <P>(1) Section 10.151 or 145.31 of this chapter (certain importations not exceeding $200 in value);</P> <P>(2) Section 10.152 or 145.32 of this chapter (certain bona-fide gifts not exceeding $100 in value ($200 in the case of articles sent from a person in the Virgin Islands, Guam, or American Samoa)); or</P> <P>(3) Section 148.51 or 148.64 of this chapter (certain personal or household articles not exceeding $200 in value).</P> <CITA>[T.D. 73-175, 38 FR 17463, July 2, 1973]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> citations affecting § 143.21, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at <E T="03">www.fdsys.gov</E>.</P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 143.22</SECTNO> <SUBJECT>Formal entry may be required.</SUBJECT> <P>The port director may require a formal consumption or appraisement entry for any merchandise if deemed necessary for: (a) Import admissibility enforcement purposes, (b) revenue protection, or (c) the efficient conduct of Customs business. Individual shipments for the same consignee, when such shipments are valued at $2,000 or less, may be consolidated on one such entry.</P> <CITA>[T.D. 73-175, 38 FR 17463, July 2, 1973, as amended by T.D. 84-171, 49 FR 31253, Aug. 3, 1984; T.D. 85-38, 50 FR 8723, Mar. 5, 1985; T.D. 85-123, 50 FR 29955, July 23, 1985; T.D. 89-82, 54 FR 36026, Aug. 31, 1989; T.D. 98-28, 63 FR 16417, Apr. 3, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 143.23</SECTNO> <SUBJECT>Form of entry.</SUBJECT> <P>Except for the types of merchandise listed below which may be entered on the forms indicated, merchandise to be entered informally shall be entered on a Customs Form 368 or 368A, (serially numbered) or Customs Form 7501, or, if authorized by the port director, upon the presentation of a commercial invoice which contains the following declaration, signed by the importer or his agent: </P> <EXTRACT> <P>I declare that the information on this invoice is accurate to the best of my knowledge and belief; that the invoice quantities are true and correct manifest quantities; and that I have not received and do not know of any invoice other than this one.</P> </EXTRACT> <P>(a) Articles in passengers' baggage which may be cleared on a baggage declaration in accordance with subpart B of part 148 of this chapter;</P> <P>(b) Products of the United States being returned for which clearance on Customs Form 3311 is prescribed by § 10.1 of this chapter;<PRTPAGE P="67"/> </P> <P>(c) Personal effects and tools of trade for which clearance on Customs Form 3299 is prescribed by § 148.6 of this chapter; and</P> <P>(d) Shipments not exceeding $2,000 in value (except for articles valued in excess of $250 classified in Sections VII, VIII, XI, and XII; Chapter 94; and Chapter 99, Subchapter III and IV, Harmonized Tariff Schedule of the United States) which are either (1) unconditionally free of duty and not subject to any quota or internal revenue tax, or (2) conditionally free (other than shipments of merchandise provided for in paragraph (g) of this section) and all conditions for free entry are met at the time of entry, which may be released upon the filing by the importer on Customs Form 7523, in duplicate, supported by evidence of the right to make entry.</P> <P>(e) Merchandise for which informal entry can be made on a different form as prescribed elsewhere in this chapter.</P> <P>(f) Merchandise released under the immediate delivery procedure or the entry documentation required by § 142.3(a), and entry is made on Customs Form 7501, annotated “Informal Entry” in the upper right hand corner.</P> <P>(g) Merchandise, regardless of value, which is imported for noncommercial purposes, which qualifies for entry free of duty under the Generalized System of Preferences (see §§ 10.171 through 10.178 of this chapter), and for which informal entry may be made on Customs Form 7523, in duplicate.</P> <P>(h) Products of the United States being returned for which informal entry is permitted by § 143.21(j) may be cleared as follows:</P> <P>(1) For products of the United States returned for the purposes of repair or alteration prior to reexportation. Customs Form 3311 will serve as informal entry.</P> <P>(2) For products of the United States after having been either rejected or returned by the foreign purchaser for credit, Customs Form 7501, annotated “informal entry” in the upper right hand corner, and Customs Form 3311 will serve as informal entry.</P> <P>(i) A shipment of merchandise not exceeding $2,000 in value which is imported by an express consignment operator or carrier and which meets the requirements in § 128.24 of this chapter may be entered as provided in that section.</P> <P>(j) Except for mail importations (see §§ 145.31 and 145.32 of this chapter), or in the case of personal written or oral declarations (see §§ 148.12, 148.13 and 148.62 of this chapter), a shipment of merchandise not exceeding $200 in value which qualifies for informal entry under 19 U.S.C. 1498 and meets the requirements in § 10.151 or § 10.152 of this chapter may be entered by presenting the bill of lading or a manifest listing each bill of lading (see §§ 10.151, 10.152 and 128.24(e) of this chapter). The following information is required to be filed as a part of such entry:</P> <P>(1) Country of origin of the merchandise;</P> <P>(2) Shipper name, address and country;</P> <P>(3) Ultimate consignee name and address;</P> <P>(4) Specific description of the merchandise;</P> <P>(5) Quantity;</P> <P>(6) Shipping weight; and</P> <P>(7) Value.</P> <CITA>[T.D. 73-175, 38 FR 17463, July 2, 1973]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> citations affecting § 143.23, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at <E T="03">www.fdsys.gov</E>.</P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 143.24</SECTNO> <SUBJECT>Preparation of Customs Form 7501 and Customs Form 368 or 368A (serially numbered).</SUBJECT> <P>Customs Form 7501 may be prepared by importers or their agents or by Customs officers when it can be presented to a Customs cashier for payment of duties and taxes and for numbering of the entry before the merchandise is examined by a Customs officer. Where there is no Customs cashier, Customs Form 368 or 368A (serially numbered) or Customs Form 7501 must be used, and it shall be prepared by a Customs officer unless the form can be prepared under his control by the importer or agent for immediate use in clearing merchandise under the informal entry procedure. The conditions for the preparation of Customs Form 7501 by importers or their agents, as described in the first sentence of this section, do not apply to the acceptance of these <PRTPAGE P="68"/>entries for shipments not exceeding $250 in value released under a special permit for immediate delivery in accordance with part 142 of this chapter.</P> <CITA>[T.D. 84-129, 49 FR 23168, June 5, 1984, as amended by T.D. 87-75, 52 FR 26142, July 13, 1987; T.D. 89-82, 54 FR 36026, Aug. 31, 1989; T.D. 92-56, 57 FR 24944, June 12, 1992]</CITA> </SECTION> <SECTION> <SECTNO>§ 143.25</SECTNO> <SUBJECT>Information on entry form.</SUBJECT> <P>Each Customs Form 368 or 368A (serially numbered) or, where used, Customs Form 7501 shall contain an adequate description of the merchandise and the item number of the Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), under which the merchandise is classified.</P> <CITA>[T.D. 76-213, 41 FR 31812, July 30, 1976, as amended by T.D. 87-75, 52 FR 26142, July 13, 1987; T.D. 89-1, 53 FR 51263, Dec. 21, 1988; T.D. 92-56, 57 FR 24944, June 12, 1992]</CITA> </SECTION> <SECTION> <SECTNO>§ 143.26</SECTNO> <SUBJECT>Party who may make informal entry of merchandise.</SUBJECT> <P>(a) <E T="03">Shipments valued between $200 and $2,000.</E> A shipment of merchandise valued between $200 and $2,000 which qualifies for informal entry under 19 U.S.C. 1498 may be entered, using reasonable care, by the owner or purchaser of the shipment or, when appropriately designated by the owner, purchaser, or consignee of the shipment, a Customs broker licensed under 19 U.S.C. 1641.</P> <P>(b) <E T="03">Shipments valued at $200 or less.</E> A shipment of merchandise valued at $200 or less which qualifies for informal entry under 19 U.S.C. 1498 and meets the requirements in 19 U.S.C. 1321(a)(2) (see §§ 10.151, 10.152, 10.153, 145.31, 145.32, 148.51, 148.64, of this chapter) may be entered, using reasonable care, by the owner, purchaser, or consignee of the shipment or, when appropriatel y designated by one of these persons, a Customs broker licensed under 19 U.S.C. 1641.</P> <CITA>[T.D. 94-51, 59 FR 30296, June 13, 1994, as amended by T.D. 95-31, 60 FR 18991, Apr. 14, 1995; T.D. 98-28, 63 FR 16417, Apr. 3, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 143.27</SECTNO> <SUBJECT>Invoices.</SUBJECT> <P>In the case of merchandise imported pursuant to a purchase or agreement to purchase, or intended for sale and entered informally, the importer shall produce the commercial invoice covering the transaction or, in the absence thereof, an itemized statement of value.</P> <CITA>[T.D. 85-39, 50 FR 9612, Mar. 11, 1985]</CITA> </SECTION> <SECTION> <SECTNO>§ 143.28</SECTNO> <SUBJECT>Deposit of duties and release of merchandise.</SUBJECT> <P>Unless statement processing and ACH are used pursuant to § 24.25 of this chapter, the estimated duties and taxes, if any, shall be deposited at the time the entry is presented and accepted by a Customs Officer, whether at the customhouse or elsewhere. If upon examination of the merchandise further duties or taxes are found due, they shall be deposited before release of the merchandise by Customs. When the entry is presented elsewhere than where the merchandise is to be examined, the permit copy shall be delivered through proper channels to the Customs officer who will examine the merchandise.</P> <CITA>[T.D. 73-175, 38 FR 17463, July 2, 1973, as amended by T.D. 89-104, 54 FR 50499, Dec. 7, 1989]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Electronic Entry Filing</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>T.D. 90-92, 55 FR 49886, Dec. 3, 1990, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 143.31</SECTNO> <SUBJECT>Applicability.</SUBJECT> <P>This subpart sets forth general requirements for the entry of imported merchandise processed electronically through the Customs Automated Commercial System (ACS). Entries processed electronically are subject to the documentation, document retention and document retrievability requirements of this chapter as well as the general entry requirements of parts 141 and 142. Use of this system is voluntary and optional on behalf of the filer. Customs does not contemplate that processing of non-electronic filings shall be delayed.</P> </SECTION> <SECTION> <SECTNO>§ 143.32</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The following are definitions for purposes of subparts D and E of this part:</P> <P>(a) <E T="03">ABI.</E> “ABI” means the Automated Broker Interface and refers to a module of ACS that allows entry filers to transmit immediate delivery, entry and entry summary data electronically <PRTPAGE P="69"/>to CBP through ACS and to receive transmissions from ACS.</P> <P>(b) <E T="03">ACS.</E> “ACS” means the Automated Commercial System and refers to CBP's integrated comprehensive tracking system for the acquisition, processing and distribution of import data.</P> <P>(c) <E T="03">AII.</E> “AII” means Automated Invoice Interface and is a method of transmitting detailed invoice data through ABI.</P> <P>(d) <E T="03">Broker.</E> “Broker” means a customs broker licensed under part 111 of this chapter.</P> <P>(e) <E T="03">Certification.</E> “Certification” means the electronic equivalent of a signature for data transmitted through ABI. This electronic (facsimile) signature must be transmitted as part of the immediate delivery, entry or entry summary data. Such data are referred to as “certified”.</P> <P>(f) <E T="03">Data.</E> “Data” when used in conjunction with immediate delivery, entryand/or entry summary means the information required to be submitted with the immediate delivery, entry and/or entry summary, respectively, in accordance with the CATAIR (CBP Publication 552, Customs and Trade Automated Interface Requirements) and/or CBP Headquarters directives. It does not mean the actual paper documents, but includes all of the information required to be in such documents.</P> <P>(g) <E T="03">Documentation.</E> “Documentation” when used in conjunction with immediate delivery, entry and/or entry summary means the documents set forth in § 142.3 of this chapter, required to be submitted as part of an application for immediate delivery, entry and/or entry summary, but does not include the CBP Forms 7501, 3461 (or alternative forms).</P> <P>(h) <E T="03">EDIFACT.</E> “EDIFACT” means the Electronic Data Interchange for Administration, Commerce and Transport that provides an electronic capability to transmit detailed CBP Forms 7501 and 3461, and invoice data.</P> <P>(i) <E T="03">Electronic entry.</E> “Electronic entry” means the electronic transmission to CBP of:</P> <P>(1) Entry information required for the entry of merchandise; and</P> <P>(2) Entry summary information required for the classification and appraisement of the merchandise, the verification of statistical information, and the determination of compliance with applicable law.</P> <P>(j) <E T="03">Electronic immediate delivery.</E> “Electronic immediate delivery” means the electronic transmission of CBP Forms 3461 or 3461 alternate (CBP Form 3461 ALT) data utilizing ACS in order to obtain the release of goods under immediate delivery.</P> <P>(k) <E T="03">Electronic Invoice Program (EIP).</E> “EIP” refers to modules of the Automated Broker Interface (ABI) that allow entry filers to transmit detailed invoice data and includes Automated Invoice Interface (AII) and any other electronic invoice authorized by CBP.</P> <P>(l) <E T="03">Filer.</E> “Filer” means the party certifying the electronic filing of the application for immediate delivery, entry or entry summary. Filer may be a broker or an importer of record filing his own entries through ABI without the use of a broker.</P> <P>(m) <E T="03">Preclassification/binding ruling number.</E> “Preclassification/binding ruling number” means the system by which classifications are approved and assigned a unique identifying number. This number may be transmitted as part of the ABI data.</P> <P>(n) <E T="03">Records.</E> “Records” means the records as defined in part 163 of this chapter, which are required to be maintained pursuant to this chapter.</P> <P>(o) <E T="03">Selectivity criteria.</E> “Selectivity criteria” means the categories of information that guide CBP's judgment in evaluating and assessing the risk of an immediate delivery, entry, or entry summary transaction. Based upon these criteria, immediate delivery or entry transactions will be subject to either general examination, general examination with document review, or intensive examination. Entry summary transactions will be subject to either system review or summary document review. General examination (entry/immediate delivery) and system review (entry summary) procedures will constitute electronic processing provided all conditions necessary for electronic processing contained in this part are met.</P> <P>(p) <E T="03">Statement processing.</E> “Statement processing” means the method of collection and accounting within, ACS <PRTPAGE P="70"/>which allows a filer to pay for more than one entry summary with one payment. ACS/ABI generates the statement, which is transmitted electronically to the filer, consisting of a list of entry summaries and the amount of duties, taxes or fees, if any, due for payment. Upon payment and collection of the statement, those entry summaries designated as electronic will be scheduled for liquidation (see § 24.25 of this chapter).</P> <CITA>[T.D. 90-92, 55 FR 49886, Dec. 3, 1990, as amended by T.D. 98-56, 63 FR 32945, June 16, 1998; CBP Dec. 09-47, 74 FR 69020, Dec. 30, 2009]</CITA> </SECTION> <SECTION> <SECTNO>§ 143.33</SECTNO> <SUBJECT>Eligibility criteria for participation.</SUBJECT> <P>To be eligible for electronic immediate delivery, electronic entry and electronic entry summary, the filer must be qualified to use the ABI feature of ACS, as prescribed in § 143.5. To be eligible for electronic entry summary processing, filers must be authorized to use the ABI statement processing system. Filers not so authorized would have to follow the electronic entry summary with the submission of an entry summary in paper form along with any duties, taxes or fees accruing.</P> </SECTION> <SECTION> <SECTNO>§ 143.34</SECTNO> <SUBJECT>Procedure for electronic immediate delivery or entry.</SUBJECT> <P>To file immediate delivery or entry electronically, the filer will submit certified immediate delivery or entry data electronically through ABI. Data will be validated and, if found error-free, will be accepted. If it is determined through selectivity criteria and review of data that documentation is not required to be physically submitted in paper form, merchandise will be released and Customs will electronically notify the filer.</P> </SECTION> <SECTION> <SECTNO>§ 143.35</SECTNO> <SUBJECT>Procedure for electronic entry summary.</SUBJECT> <P>In order to obtain entry summary processing electronically, the filer will submit certified entry summary data electronically through ABI. Data will be validated and, if the transmission is found error-free, will be accepted. If it is determined through selectivity criteria and review of data that documentation is required for further processing of the entry summary, Customs will so notify the filer. Documentation submitted before being requested by Customs will not be accepted or retained by Customs. The entry summary will be scheduled for liquidation once payment is made under statement processing (see § 24.25 of this chapter).</P> <CITA>[T.D. 98-56, 63 FR 32945, June 16, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 143.36</SECTNO> <SUBJECT>Form of immediate delivery, entry and entry summary.</SUBJECT> <P>(a) <E T="03">Electronic form of data.</E> If Customs determines that the immediate delivery, entry or entry summary data is satisfactory under §§ 143.34 and 143.35, the electronic form of the immediate delivery, entry or entry summary through ABI shall be deemed to satisfy all filing requirements under this part. Further, the filer will not be required to produce or physically submit any official Customs forms of immediate delivery, entry or entry summary. The filer is responsible for the accuracy of the data submitted electronically to the same extent as if the documents were produced, signed and physically submitted by the filer (see § 111.32 of this chapter).</P> <P>(b) <E T="03">Accuracy of data.</E> Participation constitutes declaration by the electronic filer that, to the best of his knowledge, all transactions filed electronically fully disclose prices, values, quantities, rebates, drawbacks, fees, commissions, and royalties, which are true and correct, and that all goods or services provided either free or at a reduced cost to the seller of the merchandise are fully disclosed (see § 111.32 of this chapter).</P> <P>(c) <E T="03">Submission of invoice.</E> The invoice will be retained by the filer unless requested by Customs. If the invoice is submitted by the filer before a request is made by Customs, it will not be accepted or retained by Customs. When Customs requests presentation of the invoice, invoice data must be submitted in one of the following forms:</P> <P>(1) Paper form;</P> <P>(2) AII or EDIFACT format.</P> <P>(3) In appropriate cases where a party has obtained a preclassification/binding ruling number covering the merchandise being entered, or is a participant in a pre-approval program, and information is electronically transmitted <PRTPAGE P="71"/>which is adequate for the examination of the merchandise and the determination of duties, and for verifying the information required for statistical purposes by § 141.61(e) of this chapter, such information will satisfy the invoice requirement of this part and part 141 of this chapter.</P> <CITA>[T.D. 90-92, 55 FR 49886, Dec. 3, 1990, as amended by T.D. 98-56, 63 FR 32945, June 16, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 143.37</SECTNO> <SUBJECT>Retention of records.</SUBJECT> <P>(a) <E T="03">Record maintenance requirements.</E> All records received or generated by a broker or importer must be maintained in accordance with part 163 of this chapter.</P> <P>(b) <E T="03">Termination of broker's responsibility.</E> If the broker is discharged by the importer, he shall retain the documentation for those deliveries, entries or entry summaries filed by him prior to such discharge. Documentation in possession of a broker at the time of permanent termination of the brokerage business shall be accounted for pursuant to § 111.30(e) of this chapter.</P> <CITA>[T.D. 90-92, 55 FR 49886, Dec. 3, 1990, as amended by T.D. 98-56, 63 FR 32945, June 16, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 143.38 </SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 143.39</SECTNO> <SUBJECT>Penalties.</SUBJECT> <P>(a) <E T="03">Brokers.</E> Brokers unable to produce records requested by Customs under this chapter will be subject to disciplinary action or penalties pursuant to part 111 or part 163 of this chapter.</P> <P>(b) <E T="03">Importers.</E> Importers unable to produce records requested by Customs under this chapter will be subject to penalties pursuant to part 163 of this chapter.</P> <CITA>[T.D. 98-56, 63 FR 32945, June 16, 1998]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Remote Location Filing</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>CBP Dec. 09-47, 74 FR 69020, Dec. 30, 2009, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 143.41</SECTNO> <SUBJECT>Applicability.</SUBJECT> <P>This subpart sets forth the general requirements and procedures for Remote Location Filing (RLF). RLF entries are subject to the documentation, document retention and document retrieval requirements of this chapter as well as the general entry requirements of parts 141, 142 and 143 of this chapter. Participation in the RLF program is voluntary and at the option of the filer.</P> </SECTION> <SECTION> <SECTNO>§ 143.42</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The following definitions, in addition to the definitions set forth in § 143.32 of this part, apply for purposes of this subpart E:</P> <P>(a) <E T="03">Remote Location Filing (RLF)</E>—“RLF” is an elective method of making entry by which a customs broker with a national permit electronically transmits all data information associated with an entry that CBP can process in a completely electronic data interchange system to a RLF-operational CBP location from a remote location other than where the goods are being entered. (Importers filing on their own behalf may file electronically in any port, subject to ABI filing requirements.)</P> <P>(b) <E T="03">RLF-operational CBP location</E>—“RLF-operational CBP location” means a CBP location within the customs territory of the United States that is staffed with CBP personnel who have been trained in RLF procedures and who have operational experience with the Electronic Invoice Program (EIP). EIP is defined in § 143.32 of this chapter. A list of all RLF-operational locations is available for viewing on the CBP Internet Web site located at<E T="03">http://www.cbp.gov/xp/cgov/trade/trade_programs/remote_location_filing/.</E> </P> </SECTION> <SECTION> <SECTNO>§ 143.43</SECTNO> <SUBJECT>RLF eligibility criteria.</SUBJECT> <P>(a) <E T="03">Automation criteria.</E> To be eligible for RLF, a licensed customs broker or importer of record must be:</P> <P>(1) Operational on the ABI (<E T="03">see</E> 19 CFR part 143, subpart A);</P> <P>(2) Operational on the EIP prior to applying for RLF; and</P> <P>(3) Operational on the ACH (or any other CBP-approved method of electronic payment), for purposes of directing the electronic payment of duties, taxes and fees (<E T="03">see</E> 19 CFR 24.25), 30 days before transmitting a RLF entry.<PRTPAGE P="72"/> </P> <P>(b) <E T="03">Broker must have national permit.</E> To be eligible for RLF, a licensed customs broker must hold a valid national permit (<E T="03">see</E> 19 CFR 111.19(f)).</P> <P>(c) <E T="03">Continuous bond.</E> A RLF entry must be secured with a continuous bond.</P> </SECTION> <SECTION> <SECTNO>§ 143.44</SECTNO> <SUBJECT>RLF procedure.</SUBJECT> <P>(a) <E T="03">Electronic transmission of invoice data.</E> For RLF transactions, a customs broker or importer of record must transmit electronically, using EIP, any invoice data required by CBP.</P> <P>(b) <E T="03">Electronic transmission of payment.</E> For RLF transactions, a customs broker or importer of record must direct the electronic payment of duties, taxes and fees through the ACH (<E T="03">see</E> 19 CFR 24.25) or any other method of electronic payment authorized by CBP.</P> <P>(c) <E T="03">Automation requirements.</E> Only those entries and entry summaries that CBP processes completely in an electronic data interchange system will be accepted for RLF. For a listing of entry types that may be filed via RLF, go to <E T="03">http://www.cbp.gov/xp/cgov/trade/trade_programs/remote_location_filing/.</E> </P> <P>(d) <E T="03">Combined electronic entry and entry summary.</E> For RLF transactions using a combined electronic entry and entry summary, a customs broker must submit to CBP, through ABI or any other electronic interface authorized by CBP, a complete and error-free electronic data transmission constituting the entry summary that serves as both the entry and entry summary.</P> <P>(e) <E T="03">No line release or immediate delivery entries permitted under RLF.</E> Line release (<E T="03">see</E> 19 CFR, Part 142, Subpart D) or immediate delivery procedures may not be combined with RLF transactions.</P> <P>(f) <E T="03">Data acceptance and release of merchandise.</E> Data that are complete and error free will be accepted by CBP. If electronic invoice or additional electronic documentation is required, CBP will so notify the RLF filer. If no documentation is required to be filed, CBP will so notify the RLF filer. If CBP accepts the RLF entry (including invoice data) under §§ 143.34 through 143.36 of this part, the RLF entry will be deemed to satisfy all filing requirements under this part and the merchandise may be released.</P> <P>(g) <E T="03">Liquidation.</E> The entry summary will be scheduled for liquidation once payment is made under statement processing (<E T="03">see</E> 19 CFR 24.25).</P> </SECTION> <SECTION> <SECTNO>§ 143.45</SECTNO> <SUBJECT>Filing of additional entry information.</SUBJECT> <P>When filing from a remote location, a RLF filer must electronically file all additional information required by CBP to be presented with the entry and entry summary information (including facsimile transmissions) that CBP can accept electronically. If CBP cannot accept additional information electronically, the RLF filer must file the additional information in a paper format at the CBP port of entry where the goods arrived.</P> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 144</EAR> <HD SOURCE="HED">PART 144—WAREHOUSE AND REWAREHOUSE ENTRIES AND WITHDRAWALS</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>144.0</SECTNO> <SUBJECT>Scope.</SUBJECT> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECTNO>144.1</SECTNO> <SUBJECT>Merchandise eligible for warehousing.</SUBJECT> <SECTNO>144.2</SECTNO> <SUBJECT>Liability of importers and sureties.</SUBJECT> <SECTNO>144.3</SECTNO> <SUBJECT>Allowance for damage.</SUBJECT> <SECTNO>144.4</SECTNO> <SUBJECT>Allowance for abandoned, destroyed, or exported merchandise.</SUBJECT> <SECTNO>144.5</SECTNO> <SUBJECT>Period of warehousing.</SUBJECT> <SECTNO>144.6</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>144.7</SECTNO> <SUBJECT>Disposition of merchandise after expiration of warehousing period.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Requirements and Procedures for Warehouse Entry</HD> <SECTNO>144.11</SECTNO> <SUBJECT>Form of entry.</SUBJECT> <SECTNO>144.12</SECTNO> <SUBJECT>Contents of entry summary; estimated duties.</SUBJECT> <SECTNO>144.13</SECTNO> <SUBJECT>Bond requirements.</SUBJECT> <SECTNO>144.14</SECTNO> <SUBJECT>Removal to warehouse.</SUBJECT> <SECTNO>144.15</SECTNO> <SUBJECT>Entry and withdrawal from Customs bonded warehouses of distilled spirits.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Transfer of Right To Withdraw Merchandise from Warehouse</HD> <SECTNO>144.21</SECTNO> <SUBJECT>Conditions for transfer.</SUBJECT> <SECTNO>144.22</SECTNO> <SUBJECT>Endorsement of transfer on withdrawal form.</SUBJECT> <SECTNO>144.23</SECTNO> <SUBJECT>Endorsement in blank.</SUBJECT> <SECTNO>144.24</SECTNO> <SUBJECT>Transferee's bond.</SUBJECT> <SECTNO>144.25</SECTNO> <SUBJECT>Deposit of forms.</SUBJECT> <SECTNO>144.26</SECTNO> <SUBJECT>Further transfer.</SUBJECT> <SECTNO>144.27</SECTNO> <SUBJECT>Withdrawal from warehouse by transferee.<PRTPAGE P="73"/> </SUBJECT> <SECTNO>144.28</SECTNO> <SUBJECT>Protest by transferee.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Withdrawals from Warehouse</HD> <SECTNO>144.31</SECTNO> <SUBJECT>Right to withdraw.</SUBJECT> <SECTNO>144.32</SECTNO> <SUBJECT>Statement of quantity; charges and liens.</SUBJECT> <SECTNO>144.33</SECTNO> <SUBJECT>Minimum quantities to be withdrawn.</SUBJECT> <SECTNO>144.34</SECTNO> <SUBJECT>Transfer to another warehouse.</SUBJECT> <SECTNO>144.35</SECTNO> <SUBJECT>Withdrawal of vessel and aircraft supplies and equipment.</SUBJECT> <SECTNO>144.36</SECTNO> <SUBJECT>Withdrawal for transportation.</SUBJECT> <SECTNO>144.37</SECTNO> <SUBJECT>Withdrawal for exportation.</SUBJECT> <SECTNO>144.38</SECTNO> <SUBJECT>Withdrawal for consumption.</SUBJECT> <SECTNO>144.39</SECTNO> <SUBJECT>Permit to transfer and withdraw merchandise.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Rewarehouse Entries</HD> <SECTNO>144.41</SECTNO> <SUBJECT>Entry for rewarehouse.</SUBJECT> <SECTNO>144.42</SECTNO> <SUBJECT>Combined entry for rewarehouse and withdrawal for consumption.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>19 U.S.C. 66, 1484, 1557, 1559, 1624.</P> </AUTH> <EXTRACT> <P>Section 144.3 also issued under 19 U.S.C. 1563;</P> <P>Section 144.33 also issued under 19 U.S.C. 1562;</P> <P>Section 144.37 also issued under 19 U.S.C. 1555, 1562.</P> </EXTRACT> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>T.D. 73-175, 38 FR 17464, July 2, 1973, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 144.0</SECTNO> <SUBJECT>Scope.</SUBJECT> <P>This part contains regulations pertaining to the entry and withdrawal of merchandise under the provisions of section 557, Tariff Act of 1930, as amended (19 U.S.C. 1557), which among other things provides that articles subject to duty may be entered for warehousing and deposited in a bonded warehouse at the expense and risk of the owner, importer, or consignee, and withdrawn from warehouse for consumption upon payment of duties and charges. The requirements and procedures set forth in this part are in addition to the general requirements and procedures for all entries set forth in part 141 of this chapter. Regulations pertaining to manipulation in warehouse, manufacturing warehouses, and smelting and refining warehouses are set forth in part 19 of this chapter.</P> </SECTION> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECTION> <SECTNO>§ 144.1</SECTNO> <SUBJECT>Merchandise eligible for warehousing.</SUBJECT> <P>(a) <E T="03">Types of merchandise.</E> Any merchandise subject to duty may be entered for warehousing except for perishable merchandise and explosive substances (other than firecrackers). Dangerous and highly flammable merchandise, though not classified as explosive, shall not be entered for warehouse without the written consent of the insurance company insuring the warehouse in which the merchandise is to be stored.</P> <P>(b) [Reserved]</P> <P>(c) <E T="03">Merchandise previously entered.</E> If merchandise has been entered under other than a warehouse entry and has remained in continuous Customs custody, a warehouse entry may be substituted for the previous entry. If estimated duties were deposited with the superseded previous entry, that entry shall be liquidated for refund of the estimated duties without awaiting liquidation of the warehouse entry. All copies of the warehouse entry shall bear the following notation: This entry is in substitution of ____________; entry No. ______, dated ____________.</P> <CITA>[T.D. 73-175, 38 FR 17464, July 2, 1973, as amended by T.D. 82-204, 47 FR 49376, Nov. 1, 1982; T.D. 84-149, 49 FR 28699, July 16, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 144.2</SECTNO> <SUBJECT>Liability of importers and sureties.</SUBJECT> <P>The importer of merchandise entered for warehouse is liable for the payment of all unpaid duties not only as principal on the bond filed on Customs Form 301, containing the bond conditions set forth in § 113.62 of this chapter, but also by reason of his personal liability as consignee. Under the conditions of the bond, the sureties on the bond shall be held liable for the payment of duties and Customs charges not paid by the principal on the bond, whether such duties and charges are finally ascertained before the merchandise is withdrawn from Customs custody or thereafter. Liability may be transferred in part along with the right to withdraw the merchandise, in accordance with Subpart C of this part.</P> <CITA>[T.D. 73-175, 38 FR 17464, July 2, 1973, as amended by T.D. 84-213, 49 FR 41185, Oct. 19, 1984]</CITA> </SECTION> <SECTION> <PRTPAGE P="74"/> <SECTNO>§ 144.3</SECTNO> <SUBJECT>Allowance for damage.</SUBJECT> <P>No abatement or allowance of duties shall be made on account of damage, loss, or deterioration of the merchandise while in warehouse, except as provided for by law (see part 158 of this chapter).</P> </SECTION> <SECTION> <SECTNO>§ 144.4</SECTNO> <SUBJECT>Allowance for abandoned, destroyed, or exported merchandise.</SUBJECT> <P>Allowance in duties shall be made for merchandise in warehouse which is abandoned or destroyed in accordance with § 158.43 of this chapter or exported in accordance with § 144.37.</P> </SECTION> <SECTION> <SECTNO>§ 144.5</SECTNO> <SUBJECT>Period of warehousing.</SUBJECT> <P>Merchandise must not remain in a bonded warehouse beyond 5 years from the date of importation or such longer period of time as the port director may at his discretion permit upon proper request being filed and good cause shown.</P> <CITA>[CBP Dec. 09-48, 74 FR 68686, Dec. 29, 2009]</CITA> </SECTION> <SECTION> <SECTNO>§ 144.6</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 144.7</SECTNO> <SUBJECT>Disposition of merchandise after expiration of warehousing period.</SUBJECT> <P>Merchandise remaining in a bonded warehouse after the expiration of the warehousing period shall be disposed of in accordance with § 127.14 of this chapter.</P> <CITA>[T.D. 79-221, 44 FR 46828, Aug. 9, 1979]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Requirements and Procedures for Warehouse Entry</HD> <SECTION> <SECTNO>§ 144.11</SECTNO> <SUBJECT>Form of entry.</SUBJECT> <P>(a) <E T="03">Entry.</E> The documentation required by § 142.3 of this chapter shall be filed at the time of entry. If the entry summary, Customs Form 7501, is filed at the time of entry for merchandise to be entered for warehouse, it shall serve as both the entry and the entry summary, and Customs Form 3461 or 7533 shall not be required. If the entry summary is not filed at the time of entry, it shall be filed within the time limit prescribed by § 142.12 of this chapter. If merchandise is released before the filing of the entry summary, the importer shall have a bond on file, as prescribed by § 142.4 of this chapter.</P> <P>(b) <E T="03">Customs Form 7501.</E> The entry summary for merchandise entered for warehouse shall be executed in triplicate on Customs Form 7501, appropriately modified, and shall include all of the statistical information required by § 141.61(e) of this chapter. The port director may require an extra copy or copies of Customs Form 7501, annotated “PERMIT” for use in connection with delivery of the merchandise to the bonded warehouse.</P> <P>(c) <E T="03">Designation of warehouse.</E> The importer shall designate on the entry summary, Customs Form 7501, the bonded warehouse in which he desires his merchandise deposited.</P> <P>(d) <E T="03">Specification list.</E> When packages which are not uniform in contents, quantities, values, or rates of duties are grouped together as one item on an entry summary, a specification list (original only) shall be furnished with the entry summary, showing separately opposite the marks or numbers of each package, the quantity of each class of merchandise, the entered value of each class, and the rates of duty claimed for each. However, a specification list is not needed if one withdrawal is to be filed for all the merchandise covered by the entry summary.</P> <CITA>[T.D. 79-221, 44 FR 46828, Aug. 9, 1979, as amended by T.D. 84-129, 49 FR 23168, June 5, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 144.12</SECTNO> <SUBJECT>Contents of entry summary; estimated duties.</SUBJECT> <P>The entry summary, Customs Form 7501, shall show the value, classification, and rate of duty as approved by the port director at the time the entry summary is filed. However, no deposit of estimated duties shall be required until the merchandise is withdrawn for consumption.</P> <CITA>[T.D. 79-221, 44 FR 46828, Aug. 9, 1979, as amended by T.D. 84-129, 49 FR 23168, June 5, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 144.13</SECTNO> <SUBJECT>Bond requirements.</SUBJECT> <P>A bond on Customs Form 301, containing the bond conditions set forth in § 113.62 of this chapter shall be filed in <PRTPAGE P="75"/>the amount required by the port director to support the entry documentation.</P> <CITA>[T.D, 84-213, 49 FR 41185, Oct. 19, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 144.14</SECTNO> <SUBJECT>Removal to warehouse.</SUBJECT> <P>When the entry summary, Customs Form 7501, and the bond on Customs Form 301, containing the bond conditions set forth in § 113.62 of this chapter have been filed, the merchandise shall be sent to the bonded warehouse, except for:</P> <P>(a) Merchandise for which an immediate withdrawal if filed, or</P> <P>(b) Packages designated for examination elsewhere than at the warehouse, which shall be sent to the warehouse after examination.</P> <CITA>[T.D. 79-221, 44 FR 46828, Aug. 9, 1979, as amended by T.D. 84-129, 49 FR 23168, June 5, 1984; T.D. 84-213, 49 FR 41185, Oct. 19, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 144.15</SECTNO> <SUBJECT>Entry and withdrawal from Customs bonded warehouses of distilled spirits.</SUBJECT> <P>(a) <E T="03">Distilled spirits entered in warehouse under section 5066(a), Internal Revenue Code</E>—(1) <E T="03">General rule.</E> Except as otherwise provided in this section, distilled spirits entered into Customs bonded warehouse in accordance with section 5066(a), Internal Revenue Code, as amended (26 U.S.C. 5066(a)), shall be treated in the same manner as any other merchandise entered for warehouse.</P> <P>(2) <E T="03">Withdrawal from warehouse for domestic consumption.</E> Distilled spirits entered in warehouse under this paragraph may be withdrawn from warehouse for domestic consumption under section 5066(c), Internal Revenue Code, as amended (26 U.S.C. 5066(c)). In this case, the distilled spirits shall be subject to duty as American goods exported and returned under subheading 9801.00.80, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202).</P> <P>(b) <E T="03">Distilled spirits transferred from a manufacturing warehouse to a storage warehouse under section 311, Tariff Act of 1930</E>—(1) <E T="03">Prohibition on withdrawal from warehouse for domestic consumption.</E> Domestic distilled spirits which have been transferred from a Customs bonded manufacturing warehouse, Class 6, to a Customs bonded storage warehouse, Class 2 or 3, in accordance with section 311, Tariff Act of 1930, as amended (19 U.S.C. 1311), may not be withdrawn under section 5066(c) of the Internal Revenue Code, as amended (26 U.S.C. 5066(c)), for domestic consumption.</P> <P>(2) <E T="03">Procedure governing transfer of distilled spirits from manufacturing warehouse to storage warehouse.</E> For procedure concerning the transfer of such distilled spirits from Customs bonded manufacturing warehouse, Class 6, to Customs bonded storage warehouse, see § 19.15(g)(2) of this chapter.</P> <P>(c) <E T="03">Distilled spirits entered under section 5214(a)(9), Internal Revenue Code</E>—(1) <E T="03">General rule.</E> Distilled spirits may be entered into a Customs bonded storage warehouse under section 5214(a)(9), Internal Revenue Code, as amended (26 U.S.C. 5214(a)(9)), in the same manner as any other merchandise is entered for warehouse, unless otherwise provided in this section.</P> <P>(2) <E T="03">Withdrawal only for exportation.</E> Distilled spirits warehoused under section 5214(a)(9), Internal Revenue Code, may be withdrawn only for the purpose of exportation, either directly or after rewarehousing at the same or another port. The distilled spirits may not be withdrawn for domestic consumption.</P> <CITA>[T.D. 73-175, 38 FR 17464, July 2, 1973, as amended by T.D. 78-298, 43 FR 38382, Aug. 28, 1978; T.D. 80-271, 45 FR 75641, Nov. 17, 1980; T.D. 84-213, 49 FR 41185, Oct. 19, 1984; T.D. 89-1, 53 FR 51263, Dec. 21, 1988]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Transfer of Right To Withdraw Merchandise from Warehouse</HD> <SECTION> <SECTNO>§ 144.21</SECTNO> <SUBJECT>Conditions for transfer.</SUBJECT> <P>Under the provisions of section 557(b) Tariff Act of 1930, as amended (19 U.S.C. 1557(b)), the right to withdraw all or part of merchandise entered for warehouse may be transferred by appropriate endorsement on the withdrawal form, provided that the transferee files a bond on Customs Form 301, containing the bond conditions set forth in § 113.62 of this chapter. Upon the deposit of the endorsed form, properly executed, and the transferee's bond with the Customs officer designated to receive such form and bond, the transferor and his sureties shall be <PRTPAGE P="76"/>relieved from all undischarged liability.</P> <CITA>[T.D. 73-175, 38 FR 17464, July 2, 1973, as amended by T.D. 84-213, 49 FR 41185, Oct. 19, 1984; 49 FR 44867, Nov. 9, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 144.22</SECTNO> <SUBJECT>Endorsement of transfer on withdrawal form.</SUBJECT> <P>Transfer of the right to withdraw merchandise entered for warehouse shall be established by an appropriate endorsement on the withdrawal form by the person primarily liable for payment of duties before the transfer is completed, <E T="03">i.e.</E>, the person who made the warehouse or rewarehouse entry or a transferee of the withdrawal right of such person. Endorsement shall be made on whichever of the following withdrawal forms is applicable:</P> <P>(a) Customs Form 7501 for:</P> <P>(i) A duty paid warehouse withdrawal for consumption;</P> <P>(ii) Withdrawal with no duty payment (diplomatic use);</P> <P>(iii) Merchandise to be withdrawn as vessel or aircraft supplies and equipment under § 10.60 of this chapter or other conditionally free merchandise;</P> <P>(b) Customs Form 7512 for merchandise to be withdrawn for transportion, exportation, or transportation and exportation; or</P> <CITA>[T.D. 82-204, 47 FR 49376, Nov. 1, 1982, as amended by T.D. 95-81, 60 FR 52295, Oct. 6, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 144.23</SECTNO> <SUBJECT>Endorsement in blank.</SUBJECT> <P>If the transferor wishes to do so, he may endorse the withdrawal form to authorize the right to withdraw the merchandise specified thereon but leave the space for the name of the transferee blank. A holder of a withdrawal form so endorsed and otherwise fully executed may insert his own name in the blank space, deposit such form and his transferee's bond with the Customs officer designated to receive such form and bond, and thereby establish his right to withdraw the merchandise.</P> </SECTION> <SECTION> <SECTNO>§ 144.24</SECTNO> <SUBJECT>Transferee's bond.</SUBJECT> <P>The transferee's bond shall be on Customs Form 301 and contain the bond conditions set forth in § 113.62 of this chapter.</P> <CITA>[T.D. 84-213, 49 FR 41185, Oct. 19, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 144.25</SECTNO> <SUBJECT>Deposit of forms.</SUBJECT> <P>Either the transferor or the transferee may deposit the endorsed withdrawal form and transferee's bond with the Customs officer designated to receive such form and bond.</P> </SECTION> <SECTION> <SECTNO>§ 144.26</SECTNO> <SUBJECT>Further transfer.</SUBJECT> <P>The right of a transferee to withdraw the merchandise may not be revoked by the transferor but may be retransferred by the transferee.</P> </SECTION> <SECTION> <SECTNO>§ 144.27</SECTNO> <SUBJECT>Withdrawal from warehouse by transferee.</SUBJECT> <P>At any time within the warehousing period, a transferee who has established his right to withdraw merchandise may withdraw all or part of the merchandise covered by the transfer by filing any authorized kind of withdrawal from warehouse in accordance with subpart D of this part.</P> </SECTION> <SECTION> <SECTNO>§ 144.28</SECTNO> <SUBJECT>Protest by transferee.</SUBJECT> <P>(a) <E T="03">Entries on or after January 12, 1971.</E> A transferee of merchandise entered for warehouse on or after January 12, 1971, shall have the right to file a protest under section 514, Tariff Act of 1930, as amended (19 U.S.C. 1514), to the same extent that such right would have been available to the transferor.</P> <P>(b) <E T="03">Entries prior to January 12, 1971.</E> A transferee of merchandise entered for warehouse prior to January 12, 1971, shall have no right to file a protest, except under the conditions set forth in section 557(b), Tariff Act of 1930, as amended (19 U.S.C. 1557(b)), prior to the amendments made thereto by Pub. L. 91-685, effective January 12, 1971 (T.D. 71-55).</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Withdrawals from Warehouse</HD> <SECTION> <SECTNO>§ 144.31</SECTNO> <SUBJECT>Right to withdraw.</SUBJECT> <P>Withdrawals from bonded warehouse may be made only by the person primarily liable for the payment of duties on the merchandise being withdrawn, <PRTPAGE P="77"/> <E T="03">i.e.</E>, the importer of record on the warehouse entry, the actual owner if an actual owner's declaration and superseding bond have been filed in accordance with § 141.20 of this chapter, or the transferee if the right to withdraw the merchandise has been transferred in accordance with subpart C of this part. No new declaration of the consignee or agent is required.</P> </SECTION> <SECTION> <SECTNO>§ 144.32</SECTNO> <SUBJECT>Statement of quantity; charges and liens.</SUBJECT> <P>(a) <E T="03">On each withdrawal.</E> Each withdrawal filed shall have indicated thereon, preferably in the lower part of the left-hand margin if there is no space designated on the form for such information, a summary statement of the account to which it is related. The statement shall indicate:</P> <P>(1) The quantity (<E T="03">i.e.</E>, the number of outer containers, or tons, etc.) in the warehouse account before the withdrawal;</P> <P>(2) The quantity being withdrawn; and</P> <P>(3) The quantity remaining in warehouse after the withdrawal. The quantity in each instance may be shown as a cumulative total event though it may include a group of varied units such as boxes, cases, or cartons, and may consist of more than one commodity, such as distilled spirits, chinaware, etc.</P> <P>(b) <E T="03">Transferred merchandise.</E> When all or a portion of an original lot has been transferred to a new owner in accordance with subpart C of this part, each withdrawal by the transferee shall show only the quantity on hand in the transferee's name before the withdrawal, the quantity being withdrawn by the transferee, and the transferred quantity remaining in the warehouse after the withdrawal. The quantity retained by the original importer and the quantity transferred shall be treated as separate accounts.</P> <P>(c) <E T="03">Charges and liens.</E> Upon receipt of an application to withdraw merchandise the appropriate Customs officer shall determine whether there are any cartage, storage, labor, or any other charges due the Government in connection with the goods remaining unpaid or whether there is on file any notice of lien filed by a carrier. If there are no charges or liens or all charges and liens have been satisfied, and all other requirements of law or regulations have been met, the application to withdraw shall be approved.</P> <CITA>[T.D. 73-175, 38 FR 17464, July 2, 1973, as amended by T.D. 82-204, 47 FR 49376, Nov. 1, 1982; T.D. 86-118, 51 FR 22516, June 20, 1986]</CITA> </SECTION> <SECTION> <SECTNO>§ 144.33</SECTNO> <SUBJECT>Minimum quantities to be withdrawn.</SUBJECT> <P>Unless by special authority of the Commissioner of Customs, merchandise shall not be withdrawn from bonded warehouse in quantities less than an entire bale, cask, box, or other package, or, if in bulk, in quantities less than 1 ton in weight or the entire quantity imported, whichever is smaller.</P> </SECTION> <SECTION> <SECTNO>§ 144.34</SECTNO> <SUBJECT>Transfer to another warehouse.</SUBJECT> <P>(a) <E T="03">At the same port.</E> With the concurrence of the proprietors of the delivering and receiving warehouses, merchandise may be transferred from one bonded warehouse to another at the same port under Customs supervision and at the expense of the importer upon his written request to the port director, who shall issue an order for such transfer on Customs Form 6043. However, the port director may require the filing of a rewarehouse entry under § 144.41 if he determines it necessary for proper control of the merchandise. All charges shall be paid before merchandise is transferred from a warehouse of class 1 (see § 19.1 of this chapter for classes of warehouses). The quantities of goods so transferred shall be subject to the joint determination of the warehouse proprietor and the cartman, lighterman, or private bonded carrier, as provided in § 19.6 of this chapter.</P> <P>(b) <E T="03">At another port.</E> Merchandise may be transferred to a warehouse which is under the jurisdiction of another port by withdrawing the merchandise for transportation in accordance with § 144.36 and entering it for rewarehouse in accordance with § 144.41 upon arrival at destination. All charges shall be paid before merchandise is transferred from the warehouse of class 1 (see § 19.1 of this chapter for classes of warehouses).</P> <P>(c) <E T="03">Transfers between integrated bonded warehouses</E>—(1) <E T="03">Eligibility.</E> (i) Only an <PRTPAGE P="78"/>importer who will transfer warehoused merchandise among Class 2 and 9 warehouses listed on the application in paragraph (c)(2) of this section is eligible to participate.</P> <P>(ii) The importer must have a centralized inventory control system that shows the location of all of the warehoused merchandise at all times, including merchandise in transit.</P> <P>(iii) The importer and its surety must sign the application. If the application to use this alternative procedure is approved by the appropriate port director, the importer's entry bond containing the conditions provided under § 113.62 of this chapter will continue to attach to any merchandise transferred under these alternative procedures.</P> <P>(iv) Each proprietor of a warehouse listed on the application and each surety who underwrites that proprietor's custodial bond coverage under § 113.63 of this chapter shall sign the application.</P> <P>(2) <E T="03">Application.</E> Application must be made in writing to the port director of the port in which the applicant's centralized inventory control system exists, with copies to all affected port directors, for exemptions from the requirements for transfer of merchandise from one bonded warehouse to another set forth in paragraphs (a) and (b) of this section. The application must list all bonded warehouses to and from which the merchandise may be transferred; all such warehouses must be covered by the same centralized inventory control system. Only blanket exemption requests will be considered; exemptions will not be considered for individual transfers. The application may be in letter form, signed by all participants, and contain a certification to the port director by the applicant that he maintains accounting records, documents and financial statements and reports that adequately support Customs activities.</P> <P>(3) <E T="03">Operation.</E> An importer who receives approval to transfer merchandise between bonded warehouses in accordance with the provisions of this section may, after entry into the first warehouse, transfer that merchandise to any other warehouse without filing a withdrawal from warehouse or a rewarehouse entry. The warehoused merchandise will be treated as though it remains in the first warehouse so long as the actual location of the merchandise at all times is recorded as provided under the provisions of this section.</P> <P>(4) <E T="03">Inventory control requirements.</E> The records required to be maintained must include a centralized inventory control system and supporting documentation which meets the following requirements:</P> <P>(i) Provide Customs upon demand with the proper on-hand balance of each inventory item in each warehouse facility and each storage location within each warehouse;</P> <P>(ii) Provide Customs upon demand with the proper on-hand balance for each open warehouse entry and the actual quantity in each warehouse facility;</P> <P>(iii) If an alternative inventory system has been approved, provide Customs upon demand with the proper on-hand balance for each unique identifier and the quantity related to each open warehouse entry and the quantity in each warehouse facility;</P> <P>(iv) Maintain documentation for all intracompany movements, including authorizations for the movement, shipping documents and receiving reports. These documents must show the appropriate warehouse entry number or unique identifier, the description and quantity of the merchandise transferred, and must be properly authorized and signed evidencing shipment from and delivery to each location;</P> <P>(v) Maintain a consolidated permit file folder at the location where the merchandise was originally warehoused. The consolidated permit file folder must meet the requirements of § 19.12(d)(4) of this chapter regardless of the warehouse facility in which the action occurred. Documentation for all intracompany movements, including authorizations for movement, shipping documents, receiving reports, as well as documentation showing ultimate disposition of the merchandise must be filed in the consolidated permit file folder within seven business days;</P> <P>(vi) Maintain a subordinate permit file at all intracompany locations <PRTPAGE P="79"/>where merchandise is transferred containing copies of documentation required by § 19.12(d)(4) of this chapter and by paragraph (c)(3)(v) of this section relating to merchandise quantities transferred to the location. A copy of all documents in the subordinate permit file folder must be filed in the consolidated permit file folder within seven business days; no exceptions will be granted to this requirement. When the final withdrawal is made on the respective entry, the subordinate permit file shall be considered closed and filed at the intracompany location to which the merchandise was transferred; and</P> <P>(vii) File the withdrawal from Customs custody at the original warehouse location at which the merchandise was entered.</P> <P>(5) <E T="03">Waiver of permit file folder requirements.</E> The permit file folder requirements of paragraphs (c)(3)(v) and (c)(3)(vi) of this section may be waived if the proprietor's recordkeeping and inventory control system qualifies under the requirements of § 19.12(d)(4)(iii) of this chapter at all locations where bonded merchandise is stored.</P> <P>(6) <E T="03">Procedure not available</E>—(i) <E T="03">Liens.</E> The transfer procedures permitted under paragraph (c) of this section shall not be available for merchandise with respect to which Customs is notified of the existence of a lien, as prescribed in § 141.112 of this chapter (see 19 U.S.C. 1564), until proof shall be produced at the original warehouse location that the lien has been satisfied or discharged.</P> <P>(ii) <E T="03">Restricted merchandise.</E> With the exception of alcohol and tobacco products, merchandise subject to a restriction on release such as covered by a licensing, quota or visa requirement, is not eligible.</P> <CITA>[T.D. 73-175, 38 FR 17464, July 2, 1973, as amended by T.D. 82-204, 47 FR 49376, Nov. 1, 1982; T.D. 97-19, 62 FR 15840, Apr. 3, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 144.35</SECTNO> <SUBJECT>Withdrawal of vessel and aircraft supplies and equipment.</SUBJECT> <P>Supplies and equipment for vessels and aircraft may be withdrawn from warehouse under the procedures set forth in this subpart and in §§ 10.59 through 10.65 of this chapter.</P> </SECTION> <SECTION> <SECTNO>§ 144.36</SECTNO> <SUBJECT>Withdrawal for transportation.</SUBJECT> <P>(a) <E T="03">Time limit.</E> Merchandise may be withdrawn from warehouse for transportation to another port of entry if withdrawal for consumption or exportation can be accomplished at the port of destination before the expiration of the warehousing period.</P> <P>(b) <E T="03">Physical deposit in warehouse not needed.</E> All or any part of the merchandise covered by an entry summary, Customs Form 7501 may be withdrawn for transportation without deposit in a bonded warehouse and may be permitted to remain on the vessel or other vehicle or on the pier in a constructive warehouse status pending examination. When any such merchandise not deposited in a warehouse is not forwarded under the withdrawal for transportation on account of damage or other cause, the importer shall be required to withdraw such merchandise immediately for consumption or exportation, or designate a warehouse to which it may be sent and, upon his failure to do so, it shall be treated as unclaimed.</P> <P>(c) <E T="03">Form.</E> (1) A withdrawal for transportation shall be filed on Customs Form 7512 in five copies. An extra copy or copies of the Customs Form 7512 may be required for use in connection with the delivery of the merchandise to the bonded carrier and, in the case of alcoholic beverages, two extra copies shall be required for use in furnishing the duty statement to the port director at destination.</P> <P>(2) Separate withdrawals for transportation from a single warehouse, via a single conveyance, consigned to the same consignee, and deposited into a single warehouse, can be filed on one Customs Form 7512, under one control number, provided that there is an attachment, to be certified by a Customs officer, providing the information for each withdrawal, as required in paragraph (d) of this section. With the exception of alcohol and tobacco products, this procedure shall not be allowed for merchandise which is in any way restricted (for example, quota/visa).</P> <P>(3) The requirement that a Customs Form 7512 be filed and the information <PRTPAGE P="80"/>required in paragraph (d) of this section be shown shall not be required if the merchandise qualifies under the exemption in § 144.34(c).</P> <P>(d) <E T="03">Information required.</E> In addition to the statement of quantity required by § 144.32, Customs Form 7512 shall show the following information for the merchandise being withdrawn:</P> <P>(1) The original entry number, date of entry, date of entry summary, and port at which filed;</P> <P>(2) The name of the consignee at the port of destination;</P> <P>(3) Any ascertained weight, gauge, or measure;</P> <P>(4) The entered value of the merchandise;</P> <P>(5) Estimated duties, if any;</P> <P>(6) A statement that the merchandise is or is not admissible for consumption and the reason for non-admissibility, if applicable; and</P> <P>(7) The statistical information required by § 141.61(e) of this chapter.</P> <FP>When the withdrawal is made after the merchandise has been rewarehoused, the rewarehouse entry number, date, and port at which filed also shall be shown.</FP> <P>(e) <E T="03">Duty on samples withdrawn.</E> The duty on any samples withdrawn at the original port from a shipment covered by a withdrawal for transportation shall be collected at such port and a notation thereof made on the withdrawal form. No separate invoice or extract from the original invoice shall be required to cover such samples.</P> <P>(f) <E T="03">Forwarding procedure.</E> The merchandise shall be forwarded in accordance with the general provisions for transportation in bond (§§ 18.1 through 18.8 of this chapter). However, when the alternate procedures under § 144.34(c) are employed, the merchandise need not be delivered to a bonded carrier for transportation, and an entry for transportation (Customs Form 7512) and a rewarehouse entry will not be required.</P> <P>(g) <E T="03">Procedure at destination.</E> Upon arrival at destination, the merchandise may be:</P> <P>(1) Entered for rewarehouse in accordance with § 144.41;</P> <P>(2) Entered for combined rewarehouse and withdrawal for consumption in accordance with § 144.42;</P> <P>(3) Exported in accordance with paragraph (h) of this section;</P> <P>(4) Forwarded to another port or returned to the port of origin in accordance with § 18.5 (c) or (d) of this chapter;</P> <P>(5) Admitted to a foreign trade zone in zone-restricted status as provided in part 146 of this chapter; or</P> <P>(6) Deposited into the proprietor's bonded warehouse or duty free store warehouse without rewarehouse entry as required in § 144.41, if the merchandise qualifies for the exemption specified in § 144.34(c).</P> <P>(h) <E T="03">Exportation.</E> A consignee of merchandise withdrawn for transportation who desires to export the merchandise upon arrival at destination shall so advise the port director at destination in writing. The port director shall then permit the exportation of the merchandise under Customs supervision in the same manner as a withdrawal for indirect exportation under § 144.37.</P> <CITA>[T.D. 73-175, 38 FR 17464, July 2, 1973, as amended by T.D. 79-221, 44 FR 46828, Aug. 9, 1979; T.D. 84-129, 49 FR 23168, June 5, 1984; T.D. 84-212, 49 FR 39047, Oct. 3, 1984; T.D. 86-16, 51 FR 5064, Feb. 11, 1986; T.D. 86-118, 51 FR 22516, June 20, 1986; T.D. 97-19, 62 FR 15841, Apr. 3, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 144.37</SECTNO> <SUBJECT>Withdrawal for exportation.</SUBJECT> <P>(a) <E T="03">Form.</E> A withdrawal for either direct or indirect exportation must be filed on CBP Form 7512 (Transportation Entry and Manifest of Goods Subject to CBP Inspection and Permit) in 5 copies or on CBP Form 7501 in 3 copies for merchandise being exported under cover of a TIR carnet. CBP Form 7512 or CBP Form 7501 must contain all of the statistical information as provided in § 141.61(e) of this chapter. The port director may require an extra copy or copies of CBP Form 7512 or 7501 for use in connection with the delivery of merchandise to the carrier.</P> <P>(b) <E T="03">Procedure for indirect exportation</E>—(1) <E T="03">Forwarding.</E> Merchandise withdrawn for indirect exportation (transportation and exportation) must be forwarded to the port of exportation in accordance with the general provisions for transportation in bond (§§ 18.1-18.8 of this chapter).</P> <P>(2) <E T="03">Splitting of shipments.</E> If any part of a shipment is not exported or if a <PRTPAGE P="81"/>shipment is divided at the port of exportation, extracts in duplicate from the manifest on file in the customhouse must be made on CBP Form 7512 for each portion, one copy to be sent to the discharging inspector and the other to the lading inspector to be used as report of exportation. The splitting up for exportation of shipments arriving under warehouse withdrawals for indirect exportation will be permitted only when various portions of a shipment are destined to different destinations, when the export vessel cannot properly accommodate the entire quantity, or in other similar circumstances. In the case of merchandise moving under cover of a TIR carnet, if the merchandise is not to be exported or if the shipment is to be divided, appropriate entry will be required and the carnet discharged. The provisions of §§ 18.23 and 18.24 of this chapter concerning change of destination or retention of merchandise on the dock must also be followed in applicable cases.</P> <P>(3) <E T="03">Conversion to withdrawal for consumption.</E> A withdrawal for indirect exportation may be converted to a withdrawal for consumption upon request to the director of the port where the withdrawal for indirect exportation was made.</P> <P>(c) <E T="03">Exportation by mail.</E> Merchandise may be withdrawn from warehouse for exportation by mail in accordance with the provisions of subpart F of part 145 of this chapter.</P> <P>(d) <E T="03">Marks on packages.</E> The exportation must be made under the original marks of importation. Port marks may be added by authority of the port director under CBP supervision. The original and port marks must appear in all CBP papers pertaining to the exportation.</P> <P>(e) <E T="03">Weight, gauge, or measure.</E> Merchandise in bulk and packaged articles which are customarily bought and sold by weight, gauge, or measure may be withdrawn for exportation or transportation only at the actual quantities ascertained at the time of the original entry for warehouse, except as otherwise provided for by law. In any case, the port director may require a special report of weight, gauge, or measure of the merchandise being exported if he deems it necessary.</P> <P>(f) <E T="03">Merchandise not laden.</E> Merchandise withdrawn for exportation but not laden must be sent to general order unless other disposition is prescribed by the port director.</P> <P>(g) <E T="03">Exportation at a foreign trade zone.</E> Merchandise may be withdrawn for exportation at a foreign trade zone in the same or at a different port. The merchandise will be considered exported upon admission to a zone in zone-restricted status, as provided in § 146.44(c) of this chapter.</P> <P>(h) <E T="03">Class 9 warehouse withdrawals for exportation</E>—(1) <E T="03">Applicability of sales ticket procedure.</E> Merchandise in a Class 9 warehouse (duty-free store) may be withdrawn for any of the purposes set forth in this subpart. However, only conditionally duty-free merchandise in a Class 9 warehouse intended for exportation or for delivery to persons and organizations set forth in subpart I, part 148, of this chapter, will be eligible for withdrawal under the sales ticket procedure specified in this paragraph.</P> <P>(2) <E T="03">Sales ticket content and handling.</E> Sales ticket withdrawals must be made only under a blanket permit to withdrawal (see § 19.6(d) of this chapter) and the sales ticket will serve as the equivalent of the supplementary withdrawal. A sales ticket is an invoice of the proprietor's design which will include:</P> <P>(i) Serial number and date of preparation of each ticket;</P> <P>(ii) Warehouse entry number or specific identifier, if approved by the port director;</P> <P>(iii) Quantity of goods sold;</P> <P>(iv) Brief description of the articles including the size of bottles;</P> <P>(v) The full name and address of the purchaser. However, the port director may waive the address requirement for all merchandise except for alcoholic beverages in quantities in excess of 4 liters and cigarettes in quantities in excess of 3 cartons. Also, the address requirement is not applicable with respect to purchasers at airport duty-free enterprises; and</P> <P>(vi) A statement on the original copy (purchaser's copy) to the effect that goods purchased in a duty-free store will be subject to duty and/or tax with personal exemption if returned to the United States. At the time of purchase, the original sales ticket must be made <PRTPAGE P="82"/>out in the name of the purchaser and given to the purchaser. One copy of the sales ticket must be retained by the proprietor. This copy may be maintained electronically. A permit file copy will be attached to the parcel containing the purchased articles unless the proprietor has established and maintained an effective method to match the parcel containing the purchased articles with the purchaser. Additional copies may be retained by the proprietor.</P> <P>(3) <E T="03">Sales ticket register.</E> In addition to the records required in § 19.12(a) of this chapter, Class 9 warehouse proprietors must maintain a sales ticket register or similar accounting record for each warehouse entry. The sales ticket register of the proprietor must include the following information:</P> <P>(i) Warehouse entry number;</P> <P>(ii) Specific identifier, if applicable;</P> <P>(iii) Sales ticket date and number;</P> <P>(iv) Description;</P> <P>(v) Quantity; and</P> <P>(vi) Current balance.</P> <FP>As each warehouse entry is closed out, the warehouse proprietor must verify the sales ticket register total with the amount withdrawn so as to account for all merchandise so withdrawn and certify on the register that all the goods have been exported or sold to qualifying persons and organizations under part 148 of this chapter. The sales ticket register must be included in the permit file folder with or in lieu of the blanket permit summary, as provided in § 19.6(d)(5) of this chapter. A copy of all sales tickets must be retained by the proprietor for not less than 5 years after the date of the last sales ticket in the entry. In lieu of placing a copy of sales tickets in each permit file folder, the warehouse proprietor may keep all sales tickets in a readily retrievable manner in a separate file.</FP> <CITA>[T.D. 73-175, 38 FR 17464, July 2, 1973]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> citations affecting § 144.37, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at <E T="03">www.fdsys.gov</E>.</P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 144.38</SECTNO> <SUBJECT>Withdrawal for consumption.</SUBJECT> <P>(a) <E T="03">Form.</E> Withdrawals for consumption of merchandise in bonded warehouses shall be filed on Customs Form 7501, in triplicate, and shall contain all of the statistical information as provided in § 141.61(e) of this chapter.</P> <P>(b) <E T="03">Withdrawal for exportation to Canada or Mexico.</E> A withdrawal for exportation to Canada or Mexico or for entry into a duty-deferral program in Canada or Mexico is considered a withdrawal for consumption pursuant to § 181.53 of this chapter.</P> <P>(c) <E T="03">Information to be shown on withdrawal.</E> Each withdrawal shall show all information for which spaces are provided on the withdrawal form, and shall also show the separate value of each package and the total dutiable value of the merchandise being withdrawn. In the case of merchandise in packages which are uniform in kind, quantity, value, and duty, the number of each package to be withdrawn need not be shown on the withdrawal if the lowest and highest numbers in the number series of such packages are shown. In the case of merchandise subject to quota, or textiles and textile products subject to levels of restraint, the description shall reflect any correction thereof reported after the filing of the warehouse entry. Additionally, on each withdrawal of cigars, cigarettes, or cigarette papers or tubes subject to internal revenue tax, the statement for tax purposes required by § 275.81 of the regulations of the Internal Revenue Service (26 CFR § 275.81) shall be made on the withdrawal form.</P> <P>(d) <E T="03">Deposit of estimated duties.</E> Estimated duties on the merchandise being withdrawn shall be deposited in accordance with subpart G of part 141 of this chapter. The port director may increase or decrease the amount of estimated duties to be deposited on the final withdrawal to bring the aggregate amount of duties deposited into balance with the amount which he estimates will be finally due upon liquidation.</P> <P>(e) <E T="03">Permit for release of merchandise.</E> When the duties and other charges have been paid, and all other requirements of law and regulations have been met, a permit on Customs Form 7501 shall be issued and delivered to the person making the warehouse withdrawal.</P> <P>(f) <E T="03">Textiles and textile products.</E> Textiles and textile products subject to <PRTPAGE P="83"/>quota, visa or export license requirements in their condition at the time of importation may not be withdrawn from warehouse for consumption if during the warehouse period there has been a change by manipulation or other means:</P> <P>(1) In the country of origin of the merchandise as defined by § 102.21 or § 102.22 of this chapter, as applicable,</P> <P>(2) To exempt from quota or visa or export license requirements other than a change brought about by statute, treaty, executive order or Presidential proclamation, or</P> <P>(3) From one textile category to another textile category.</P> <CITA>[T.D. 73-175, 38 FR 17464, July 2, 1973]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> citations affecting § 144.38, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at <E T="03">www.fdsys.gov</E>.</P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 144.39</SECTNO> <SUBJECT>Permit to transfer and withdraw merchandise.</SUBJECT> <P>With the exception of merchandise transferred under the procedures of § 144.34(c), if all legal and regulatory requirements are met, the appropriate Customs officer shall approve the application to transfer or withdraw merchandise from a bonded warehouse by endorsing the permit copy and returning it to the applicant. The approved permit shall be presented by the withdrawer to the warehouse proprietor as evidence of Customs authorization of the transfer or withdrawal. The approved permit copy shall thereafter be retained in the warehouse entry file of the proprietor. Goods covered by permit may be retained in the bonded warehouse at the option of the proprietor.</P> <CITA>[T.D. 82-204, 47 FR 49376, Nov. 1, 1982, as amended by T.D. 97-19, 62 FR 15842, Apr. 3, 1997]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Rewarehouse Entries</HD> <SECTION> <SECTNO>§ 144.41</SECTNO> <SUBJECT>Entry for rewarehouse.</SUBJECT> <P>(a) <E T="03">Applicability.</E> When merchandise which has been withdrawn from warehouse for transportation to another port has arrived at the port of destination, it may be entered for rewarehouse by the consignee named in the withdrawal.</P> <P>(b) <E T="03">Form of entry.</E> An entry for rewarehouse shall be made in duplicate on Customs Form 7501 and shall contain all of the statistical information as provided in § 141.61(e) of this chapter. The port director may require an extra copy or copies of Customs Form 7501, annotated “PERMIT,” for use in connection with the delivery of the merchandise to the warehouse. No declaration is required on the entry.</P> <P>(c) <E T="03">Combining separate shipments.</E> (1) Separate shipments consigned to the same consignee and received under separate withdrawals for transportation may be combined into one rewarehouse entry if the warehouse withdrawals are from the same original warehouse entry.</P> <P>(2) Shipments covered by multiple warehouse entries, and shipped from a single warehouse under separate withdrawals for transportation, via a single conveyance, may be combined into one rewarehouse entry if consigned to the same consignee and deposited into a single warehouse. With the exception of alcohol and tobacco products, this procedure shall not be allowed for merchandise which is in any way restricted (for example, quota/visa). The combined rewarehouse entry shall have attached either copies of each warehouse entry package which is being combined into the single rewarehouse entry or a summary with pertinent information, that is, the date of importation, commodity description, size, HTSUS and entry numbers, for all entries withdrawn for consolidation as one rewarehouse entry. Any combining of separate withdrawals into one rewarehouse entry shall result in the rewarehouse entry being assigned the import date of the oldest entry being combined into the rewarehouse entry.</P> <P>(3) Combining of separate shipments shall be prohibited in all other circumstances.</P> <P>(d) <E T="03">Bond.</E> A bond on Customs Form 301, containing the bond conditions set forth in § 113.62 of this chapter shall be filed before a permit is issued on Customs Form 7501 for sending the merchandise to the bonded warehouse. However, no bond shall be required if <PRTPAGE P="84"/>the merchandise is entered by the consignee named in the original bond filed at the original port of entry, or if it is entered by a transferee who has established his right to withdraw the merchandise and has filed a bond in accordance with subpart C of this part.</P> <P>(e) <E T="03">Value and classification.</E> The duties determined at the port where the original warehouse entry was filed shall be the duties chargeable under the rewarehouse entry, except in the cases provided for in §§ 159.7 (a) and (b) of this chapter, which pertain to certain classes of merchandise excluded from the liquidation of the original warehouse entry and merchandise on which rates of duty or tax are changed by an act of Congress or by a proclamation by the President.</P> <P>(f) <E T="03">Examination.</E> Any examination necessary for identification of the merchandise, determination of shortages, or other purposes shall be made.</P> <P>(g) <E T="03">Failure to enter.</E> If the rewarehouse entry is not filed within 15 calendar days after its arrival, the merchandise shall be disposed of in accordance with the applicable procedures in § 4.37 or § 122.50 or § 123.10 of this chapter. However, merchandise sent to a general order warehouse shall not be sold or otherwise disposed of as unclaimed until the expiration of the original 5-year period during which the merchandise may remain in warehouse under bond.</P> <P>(h) <E T="03">Protest.</E> A protest may be filed at the port where the rewarehouse entry is made against a liquidation made at that port under § 159.7 (a) or (b) of this chapter, or against a refusal of the director of that port to liquidate pursuant to said sections. In all other cases, any protest shall be filed against the original warehouse entry.</P> <CITA>[T.D. 73-175, 38 FR 17464, July 2, 1973, as amended by T.D. 82-204, 47 FR 49376, Nov. 1, 1982; T.D. 84-129, 49 FR 23168, June 5, 1984; T.D. 84-213, 49 FR 41185, Oct. 19, 1984; T.D. 97-19, 62 FR 15842, Apr. 3, 1997; T.D. 98-74, 64 FR 15303, Mar. 31, 1999]</CITA> </SECTION> <SECTION> <SECTNO>§ 144.42</SECTNO> <SUBJECT>Combined entry for rewarehouse and withdrawal for consumption.</SUBJECT> <P>(a) <E T="03">Applicability.</E> If the consignee of merchandise withdrawn for transportation wishes to pay duty and obtain possession of the merchandise immediately upon arrival at destination, he may make a combined entry for rewarehouse and withdrawal for consumption.</P> <P>(b) <E T="03">Procedure for entry.</E> The procedures set forth in § 144.41 are applicable to this type of entry, with the following exceptions:</P> <P>(1) <E T="03">Form of entry.</E> A combined entry for rewarehouse and withdrawal for consumption shall be made on Customs Form 7501 (Consumption Entry), in 4 copies, and shall contain all of the statistical information as provided in § 141.61(e) of this chapter, one copy to be used as the permit. No declaration is required on the entry;</P> <P>(2) <E T="03">Extra copy for Internal Revenue.</E> An additional copy of Customs Form 7501, marked or stamped “For Internal Revenue Purposes,” shall be presented for each entry of cigars, cigarettes, or cigarette papers or tubes, when the release from Customs custody of those articles is subject to part 275 of the regulations of the Internal Revenue Service (26 CFR part 275) and tax is payable to Customs; and</P> <P>(3) <E T="03">Deposit of duties.</E> Estimated Customs duties, taxes, and other charges, as set forth in subpart G of part 141 of this chapter, shall be deposited upon presentation of the combined entry. The port director shall then issue a permit for release on Customs Form 7501.</P> <CITA>[T.D. 73-175, 38 FR 17464, July 2, 1973, as amended by T.D. 73-312, 38 FR 30884, Nov. 8, 1973; T.D. 87-75, 52 FR 20068, May 29, 1987]</CITA> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 145</EAR> <HD SOURCE="HED">PART 145—MAIL IMPORTATIONS</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>145.0</SECTNO> <SUBJECT>Scope.</SUBJECT> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECTNO>145.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>145.2</SECTNO> <SUBJECT>Mail subject to Customs examination.</SUBJECT> <SECTNO>145.3</SECTNO> <SUBJECT>Opening of letter class mail; reading of correspondence prohibited.</SUBJECT> <SECTNO>145.4</SECTNO> <SUBJECT>Dutiable merchandise without declaration or invoice, prohibited merchandise, and merchandise imported contrary to law.</SUBJECT> <SECTNO>145.5</SECTNO> <SUBJECT>Undeliverable packages.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Requirements and Procedures</HD> <SECTNO>145.11</SECTNO> <SUBJECT>Declarations of value and invoices.<PRTPAGE P="85"/> </SUBJECT> <SECTNO>145.12</SECTNO> <SUBJECT>Entry of merchandise.</SUBJECT> <SECTNO>145.13</SECTNO> <SUBJECT>Internal revenue tax on mail entries.</SUBJECT> <SECTNO>145.14</SECTNO> <SUBJECT>Marking requirements.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Administrative Review of Mail Entries</HD> <SECTNO>145.21</SECTNO> <SUBJECT>Administrative review.</SUBJECT> <SECTNO>145.22</SECTNO> <SUBJECT>Procedures for obtaining administrative review.</SUBJECT> <SECTNO>145.23</SECTNO> <SUBJECT>Time limits.</SUBJECT> <SECTNO>145.24</SECTNO> <SUBJECT>Amendment of entry.</SUBJECT> <SECTNO>145.25</SECTNO> <SUBJECT>Entry correct.</SUBJECT> <SECTNO>145.26</SECTNO> <SUBJECT>Rates of duty not binding.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Special Classes of Merchandise</HD> <SECTNO>145.31</SECTNO> <SUBJECT>Importations not over $200 in value.</SUBJECT> <SECTNO>145.32</SECTNO> <SUBJECT>Bona-fide gifts.</SUBJECT> <SECTNO>145.34</SECTNO> <SUBJECT>Personal and household effects and tools of trade.</SUBJECT> <SECTNO>145.35</SECTNO> <SUBJECT>United States products returned.</SUBJECT> <SECTNO>145.36</SECTNO> <SUBJECT>Articles for institutions.</SUBJECT> <SECTNO>145.37</SECTNO> <SUBJECT>Articles for the U.S. Government.</SUBJECT> <SECTNO>145.38</SECTNO> <SUBJECT>Diplomatic pouches.</SUBJECT> <SECTNO>145.39</SECTNO> <SUBJECT>Articles for diplomatic officers, representatives or international organizations, and foreign military personnel.</SUBJECT> <SECTNO>145.40</SECTNO> <SUBJECT>Plant material imported for immediate exportation.</SUBJECT> <SECTNO>145.41</SECTNO> <SUBJECT>Other conditionally and unconditionally free merchandise.</SUBJECT> <SECTNO>145.42</SECTNO> <SUBJECT>Proof for conditionally free merchandise.</SUBJECT> <SECTNO>145.43</SECTNO> <SUBJECT>Unaccompanied tourist shipments.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Restricted and Prohibited Merchandise</HD> <SECTNO>145.51</SECTNO> <SUBJECT>Articles prohibited by section 305, Tariff Act of 1930.</SUBJECT> <SECTNO>145.52</SECTNO> <SUBJECT>Literature concerning devices for unlawful abortion.</SUBJECT> <SECTNO>145.53</SECTNO> <SUBJECT>Firearms and munitions of war.</SUBJECT> <SECTNO>145.54</SECTNO> <SUBJECT>Alcoholic beverages.</SUBJECT> <SECTNO>145.55</SECTNO> <SUBJECT>Trademarks, trade names, and copyrights.</SUBJECT> <SECTNO>145.56</SECTNO> <SUBJECT>Foreign Assets Control.</SUBJECT> <SECTNO>145.57</SECTNO> <SUBJECT>Regulations of other agencies.</SUBJECT> <SECTNO>145.58</SECTNO> <SUBJECT>Other restricted and prohibited merchandise.</SUBJECT> <SECTNO>145.59</SECTNO> <SUBJECT>Seizures.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Exportation by Mail</HD> <SECTNO>145.71</SECTNO> <SUBJECT>Exportation from continuous Government custody.</SUBJECT> <SECTNO>145.72</SECTNO> <SUBJECT>Delivery to Customs custody for exportation.</SUBJECT> <APP>Policy Statement to Part 145—Examination of Sealed Letter Class Mail</APP> <APP>Appendix to Part 145</APP> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States, 1624.</P> <P>Section 145.4 also issued under 18 U.S.C. 545, 19 U.S.C. 1618;</P> <P>Section 145.11 also issued under 19 U.S.C. 1481, 1485, 1498;</P> <P>Section 145.12 also issued under 19 U.S.C. 1315, 1484, 1498;</P> <P>Sections 145.22 through 145.23 also issued under 19 U.S.C. 1501, 1514;</P> <P>Section 145.31 also issued under 19 U.S.C. 1321;</P> <P>Section 145.32 also issued under 19 U.S.C. 1321, 1498;</P> <P>Sections 145.35 through 145.38, 145.41, also issued under 19 U.S.C. 1498;</P> <P>Section 145.51 also issued under 19 U.S.C. 1305;</P> <P>Section 145.54 also issued under 19 U.S.C. 1618.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>T.D. 73-135, 38 FR 13369, May 21, 1973, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 145.0</SECTNO> <SUBJECT>Scope.</SUBJECT> <P>The provisions of this part apply only to mail subject to Customs examination as set forth in § 145.2. This part contains regulations pertaining specifically to the importation of merchandise through the mails but does not contain all the regulations applicable to mail importations. Importations by mail are subject to the same requirements and restrictions as importations by any other means, except where more specific procedures for mail importations are set forth in this part. The fee applicable to each item of dutiable mail for which Customs prepares documentation is set forth in § 24.22 of this chapter.</P> <CITA>[T.D. 73-135, 38 FR 13369, May 21, 1973, as amended by T.D. 78-102, 43 FR 14454, Apr. 6, 1978; T.D. 93-85, 58 FR 54286, Oct. 21, 1993]</CITA> </SECTION> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECTION> <SECTNO>§ 145.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>(a) <E T="03">Mail article.</E> “Mail article” means any posted parcel, packet, package, envelope, letter, aerogramme, box, card, or similar article or container, or any contents thereof, which is transmitted in mail subject to customs examination.</P> <P>(b) <E T="03">Letter class mail.</E> “Letter class mail” means any mail article, including packages, post cards, and aerogrammes, mailed at the letter rate or equivalent class or category of postage.<PRTPAGE P="86"/> </P> <P>(c) <E T="03">Sealed letter class mail.</E> “Sealed letter class mail” means letter class mail sealed against postal inspection by the sender.</P> <CITA>[T.D. 78-102, 43 FR 14454, Apr. 6, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 145.2</SECTNO> <SUBJECT>Mail subject to Customs examination.</SUBJECT> <P>(a) <E T="03">Restrictions.</E> Customs examination of mail as provided in paragraph (b) of this section is subject to the restrictions and safeguards relating to the opening of letter class mail set forth in § 145.3.</P> <P>(b) <E T="03">Generally.</E> All mail arriving from outside the Customs territory of the United States which is to be delivered within the Customs territory of the United States and all mail arriving from outside the U.S. Virgin Islands which is to be delivered within the U.S. Virgin Islands, is subject to Customs examination, except:</P> <P>(1) Mail known or believed to contain only official documents addressed to officials of the U.S. Government;</P> <P>(2) Mail addressed to Ambassadors and Ministers (Chiefs of Diplomatic Missions) of foreign countries; and</P> <P>(3) Letter class mail known or believed to contain only correspondence or documents addressed to diplomatic missions, consular posts, or the officers thereof, or to international organizations designated by the President as public international organizations pursuant to the International Organizations Act (see § 148.87(b) of this chapter). Mail, other than letter class mail, addressed to the designated international organizations is subject to Customs examination except where the organization certifies under its official seal that the mail contains no dutiable or prohibited articles. Any Customs examination made shall, upon request of the addressee international organization, take place in the presence of an appropriate representative of that organization.</P> <CITA>[T.D. 78-102, 43 FR 14454, Apr. 6, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 145.3</SECTNO> <SUBJECT>Opening of letter class mail; reading of correspondence prohibited.</SUBJECT> <P>(a) <E T="03">Matter in addition to correspondence.</E> Except as provided in paragraph (e), Customs officers and employees may open and examine sealed letter class mail subject to Customs examination which appears to contain matter in addition to, or other than, correspondence, provided they have reasonable cause to suspect the presence of merchandise or contraband.</P> <P>(b) <E T="03">Only correspondence.</E> No Customs officer or employee shall open sealed letter class mail which appears to contain only correspondence unless prior to the opening:</P> <P>(1) A search warrant authorizing that action has been obtained from an appropriate judge of United States magistrate, or</P> <P>(2) The sender or the addressee has given written authorization for the opening.</P> <P>(c) <E T="03">Reading of correspondence.</E> No Customs officer or employee shall read, or authorize or allow any other person to read, any correspondence contained in any letter class mail, whether or not sealed, unless prior to the reading:</P> <P>(1) A search warrant authorizing that action has been obtained from an appropriate judge or United States magistrate, or</P> <P>(2) The sender or the addressee has given written authorization for the reading.</P> <P>(d) <E T="03">Other types of correspondence.</E> The provisions of paragraph (c) shall also apply to correspondence between school children and correspondence of the blind which are authorized to be mailed at other than the letter rate of postage in international mail.</P> <P>(e) <E T="03">Certain Virgin Islands mail.</E> First class mail originating in the Customs territory of the United States and arriving in the U.S. Virgin Islands, which is to be delivered within the U.S. Virgin Islands, shall not be opened unless:</P> <P>(1) A search warrant authorizing that action has been obtained from an appropriate judge or United States magistrate, or</P> <P>(2) The sender or the addressee has been given written authorization for the opening.</P> <CITA>[T.D. 78-102, 43 FR 14454, Apr. 6, 1978]</CITA> </SECTION> <SECTION> <PRTPAGE P="87"/> <SECTNO>§ 145.4</SECTNO> <SUBJECT>Dutiable merchandise without declaration or invoice, prohibited merchandise, and merchandise imported contrary to law.</SUBJECT> <P>(a) <E T="03">Subject to seizure and forfeiture.</E> When, upon Customs examination, a mail article is found to contain merchandise subject to duty or tax, and the mail article is not accompanied by an appropriate Customs declaration and invoice or statement of value required by § 145.11, or is found to contain material prohibited importation or imported contrary to law, the merchandise is subject to seizure and forfeiture.</P> <P>(b) <E T="03">Mitigation of forfeiture.</E> Any claimant incurring a forfeiture of merchandise for violation of this section may file a petition for relief pursuant to part 171 of this chapter. Mitigation of that forfeiture may occur consistent with mitigation guidelines.</P> <P>(c) <E T="03">Collection of mitigated forfeiture.</E> When the shipment does not exceed $2,000 in value, Customs Form 3419 or 3419A or Customs Form 368 or 368A (serially numbered) or Customs Form 7501 shall be used for the entry of the merchandise, and the duty, any tax, and the amount of the mitigated forfeiture shall be entered as separate items thereon. If a mail article for which a mail fine entry has been issued in accordance with this paragraph is undeliverable, it will be returned to the director of the port where the entry was issued, for disposition in accordance with § 145.59 relating to articles subject to seizure.</P> <P>(d) <E T="03">Petition for relief.</E> The addressee or sender may file a petition with the Fines, Penalties, and Forfeitures Officer having jurisdiction over the port where the mail fine entry was issued in accordance with part 171 of this chapter for relief from the forfeiture incurred and for release of the seized merchandise, or for additional relief from a mitigated forfeiture.</P> <CITA>[T.D. 73-135, 38 FR 13369, May 21, 1973, as amended by T.D. 78-102, 43 FR 14454, Apr. 6, 1978; T.D. 86-118, 51 FR 22516, June 20, 1986; T.D. 87-75, 52 FR 26142, July 13, 1987; T.D. 91-73, 56 FR 42527, Aug. 28, 1991; T.D. 92-56, 57 FR 24944, June 12, 1992; T.D. 98-28, 63 FR 16417, Apr. 3, 1998; T.D. 99-27, 64 FR 13675, Mar. 22, 1999; T.D. 00-57, 65 FR 53575, Sept. 5, 2000]</CITA> </SECTION> <SECTION> <SECTNO>§ 145.5</SECTNO> <SUBJECT>Undeliverable packages.</SUBJECT> <P>Mail articles which are refused or undeliverable, except mail articles for which a mail fine entry has been issued in accordance with § 145.4(c), will be marked by the postmaster to show why delivery was not made, and will be forwarded to the proper exchange post office for return to the country of origin. Mail entries will be removed from the mail articles and returned to Customs for cancellation. If, for any reason, an undeliverable mail article known or supposed to be dutiable is not returned to the country of origin or forwarded to another country in accordance with the Postal regulations, it will be delivered to Customs for disposition under the Customs laws and regulations governing seized or unclaimed merchandise.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Requirements and Procedures</HD> <SECTION> <SECTNO>§ 145.11</SECTNO> <SUBJECT>Declarations of value and invoices.</SUBJECT> <P>(a) <E T="03">Customs declaration.</E> A clear and complete Customs declaration on the form provided by the foreign post office, giving a full and accurate description of the contents and value of the merchandise, shall be securely attached to at least one mail article of each shipment, including shipments of special classes of merchandise treated in subpart D of this part. Although a Customs declaration is required to be attached to only one mail article of each shipment, examination and release of the merchandise will be expedited if such a declaration is attached to each individual mail article.</P> <P>(b) <E T="03">Invoice or statement of commercial value.</E> Each shipment of merchandise shall have an invoice or bill of sale (or, in the case of merchandise not purchased or consigned for sale, a statement of the fair retail value in the country of shipment), giving an accurate description and the purchase price of the merchandise, securely attached to the outside of the mail article or enclosed therein. If the shipment consists of more than one mail article, a copy of the invoice should accompany each mail article, or else the invoice shall accompany the mail article bearing the <PRTPAGE P="88"/>declaration, and that mail article shall be marked “Invoice enclosed.”</P> <P>(c) [Reserved]</P> <P>(d) <E T="03">Shipments without declaration and invoice.</E> Shipment of merchandise which are not accompanied by a Customs declaration and invoice in accordance with paragraphs (a) through (b) of this section may be subject to seizure and forfeiture in accordance with § 145.4.</P> <CITA>[T.D. 73-135, 38 FR 13369, May 21, 1973, as amended by T.D. 76-103, 41 FR 14731, Apr. 7, 1976; T.D. 78-102, 43 FR 14454, Apr. 6, 1978; T.D. 85-39, 50 FR 9612, Mar. 11, 1985]</CITA> </SECTION> <SECTION> <SECTNO>§ 145.12</SECTNO> <SUBJECT>Entry of merchandise.</SUBJECT> <P>(a) <E T="03">Formal entries</E>—(1) <E T="03">Discretionary.</E> The port director may require formal entry of any mail shipment regardless of value if in his opinion it is necessary to protect the revenue.</P> <P>(2) <E T="03">Required.</E> Formal entry at the customhouse shall be required for every importation in the mails which exceeds $2,000 in value, except for special classes of merchandise which can be released without entry (see subpart D of this part), and except as provided in subparts B and C of part 143 and § 10.1 of this chapter.</P> <P>(3) <E T="03">Separate shipments.</E> Separate shipments not exceeding $2,000 in value, if mailed abroad at different times (as shown by the declaration or other mailing indicia), shall not be combined for the purpose of requiring formal entry, even though they reach Customs at the same time and are covered by a single order or contract in excess of $2,000, unless there was a splitting of shipments in order to avoid the payment of Customs duty.</P> <P>(4) <E T="03">Notice of formal entry requirement.</E> When a formal entry is required, the addressee shall be notified of the arrival of the shipment and of the place at which entry is to be made. If the shipment is addressed to a point which is not a Customs port or station, the port of entry specified in the notice shall be the port nearest the destination of the shipment. When a formal entry is filed, it shall contain all the statistical information as provided in § 141.61(e) of this chapter.</P> <P>(b) <E T="03">Mail and informal entries</E>—(1) <E T="03">Preparation of entry form.</E> Except as provided in paragraphs (c) and (e) of this section, Customs officers shall prepare and attach a mail entry (Customs Form 3419 or 3419A) for each shipment not exceeding $2,000 in value which is to be delivered by the Postal Service, and return the shipment to the Postal Service for delivery and collection of duty. If the addressee has arranged to pick up such a shipment at the Customs office where it is being processed, the Customs officer shall prepare an informal entry (Customs Form 368 or 368A (serially numbered), or an entry summary, Customs Form 7501, and collect the duty in accordance with subpart C of part 143 of this chapter.</P> <P>(2) <E T="03">Rates of duty.</E> Merchandise released under a mail or informal entry shall be dutiable at the rates of duty in effect when the preparation of the entry is completed by a Customs employee, ready for transmittal with the merchandise to the addressee.</P> <P>(c) <E T="03">Dutiable shipments not over $2,000 for Government agencies.</E> When a dutiable shipment not exceeding $2,000 in value is addressed to a U.S. Government department or agency, the port director may release the merchandise prior to the payment of duties under an entry on Customs Form 368 or 368A (serially numbered) or Customs Form 7501, upon the receipt of a stipulation in the form set forth in § 141.102(d) of this chapter. If the stipulation does not accompany the shipment, the port director shall notify the Government department or agency of the arrival of the shipment and request the stipulation. Upon receipt of the completed stipulation and preparation of the entry form, the port director shall stamp all mail articles in the shipment to show that they have received Customs treatment and shall return the shipment to the Postal Service for delivery, unless the addressee has arranged to pick up the shipment at the Customs office where it is being processed. The proper Government department or agency shall be billed later for any duties and taxes due.</P> <P>(d) <E T="03">Release without entry.</E> Certain types of merchandise may be passed free of duty without issuing an entry (see subpart D of this part).</P> <P>(e) <E T="03">Unaccompanied shipments</E>—(1) <E T="03">Mail entry to be attached.</E> If the requirements of § 148.115(a) of this chapter are met, <PRTPAGE P="89"/>Customs officers shall prepare and attach a mail entry, Customs Form 3419 or 3419A, for each shipment for which entry is claimed under subheading 9816.00.40, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), which is to be delivered by the Postal Service, and return the shipment to the Postal Service for delivery and collection of duty. If the addressee has arranged to pick up the shipment at the Customs office where it is being processed, the Customs officer shall prepare an informal entry, Customs Form 368 or 368A (serially numbered), or entry summary, Customs Form 7501, and collect the duty in accordance with subpart C of part 143 of this chapter if the requirements of § 148.115(a) of this chapter are met.</P> <P>(2) <E T="03">Disposition of Customs Form 255.</E> The Declaration of Unaccompanied Articles, Customs Form 255, affixed to the shipment shall be removed by the Customs officer and retained for Customs purposes. If a mail entry, Customs Form 3419 or 3419A, has been prepared, the mail entry number shall be noted on the Customs Form 255.</P> <CITA>[T.D. 73-135, 38 FR 13369, May 21, 1973]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> citations affecting § 145.12, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at <E T="03">www.fdsys.gov</E>.</P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 145.13</SECTNO> <SUBJECT>Internal revenue tax on mail entries.</SUBJECT> <P>(a) <E T="03">Method of collection.</E> Any internal revenue tax assessed on a mail entry shall be shown as a separate item on the entry, and collected in the same manner as Customs duties.</P> <P>(b) <E T="03">Release without payment of tax.</E> A mail entry may not be used to release a shipment of cigars, cigarettes, or cigarette papers or tubes for a manufacturer without payment of tax as provided for in 27 CFR part 275 and § 11.2a of this chapter. If a claim for release without payment of tax is made by the addressee at the time of delivery, the shipment will be returned by the Postal Service to the port of entry or sent to the nearest Customs office at which appropriate release as claimed may be arranged by the addressee.</P> <CITA>[T.D. 73-135, 38 FR 13369, May 21, 1973, as amended by T.D. 78-329, 43 FR 43455, Sept. 26, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 145.14</SECTNO> <SUBJECT>Marking requirements.</SUBJECT> <P>(a) <E T="03">Country of origin.</E> Merchandise imported by mail shall be marked with the country of origin in accordance with part 134 of this chapter. If merchandise without the required marking is to be delivered from the post office where it has been given Customs examination, the Customs officer shall require compliance with the marking law and regulations. If it is to be delivered from another post office, the Customs officer shall place in the envelope containing the mail entry a copy of Customs Form 3475, containing instructions to the postmaster concerning the marking to be required before delivery.</P> <P>(b) <E T="03">Other marking requirements.</E> Certain types of merchandise are subject to special marking requirements, such as those contained in the Textile Fiber Products Identification Act, the Wool Products Labeling Act, and the Trademark Act. Since there is no provision for post office supervision of these types of marking, the port director shall require compliance with the law and regulations (see parts 11 and 133 of this chapter).</P> <P>(c) <E T="03">Failure to mark.</E> If the addressee fails to comply with the marking requirements, the mail article will be treated as undeliverable in accordance with § 145.5.</P> <CITA>[T.D. 73-135, 38 FR 13369, May 21, 1973, as amended by T.D. 78-102, 43 FR 14454, Apr. 6, 1978]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Administrative Review of Mail Entries</HD> <SECTION> <SECTNO>§ 145.21</SECTNO> <SUBJECT>Administrative review.</SUBJECT> <P>Requests for adjustment of the amount of duty assessed under mail entries shall be handled as requests for administrative review in accordance with this subpart.</P> </SECTION> <SECTION> <SECTNO>§ 145.22</SECTNO> <SUBJECT>Procedures for obtaining administrative review.</SUBJECT> <P>If an addressee is dissatisfied with the amount of duty assessed under a <PRTPAGE P="90"/>mail entry made before December 18, 2004, he may obtain administrative review in the following ways:</P> <P>(a) He may pay the assessed duty, take delivery of the merchandise, and send a copy of the mail entry to the issuing CBP office indicated on the mail entry, together with a statement of the reason it is believed the duty assessed is incorrect. Any invoices, bills of sale, or other evidence should be submitted with the statement. The addressee may show the mail entry number and date on his statement instead of sending a copy of the mail entry, but this may result in delay.</P> <P>(b) He may postpone acceptance of the shipment, and within the time allowed by the Postal regulations provide the postmaster with a written statement of his objections. The postmaster will forward the mail entry together with the addressee's statement and any invoices, bills of sale, or other evidence submitted by the addressee to the port director who issued the entry, and retain custody of the shipment until advice is received from the port director as to the disposition to be made. If the addressee is located near one of the ports at which CBP officers are authorized to review mail entries (see 39 CFR 10.5), the postmaster may send the mail entry to that port, together with the addressee's statement and evidence, for reconsideration by the port director.</P> <P>(c) He may pay the assessed duty and take delivery of the merchandise, and file a protest under section 514, Tariff Act of 1930, as amended (19 U.S.C. 1514), in the form and manner prescribed in part 174 of this chapter. For mail entries made before December 18, 2004, a protest must be filed no later than 90 days after payment of the duties by the addressee. All other mail entries must be protested within 180 days after payment of the duties by the addressee.</P> <CITA>[T.D. 73-175, 38 FR 13369, May 21, 1973, as amended by T.D. 78-99, 43 FR 13061, Mar. 29, 1978; CBP Dec. 11-02, 76 FR 2575, Jan. 14, 2011]</CITA> </SECTION> <SECTION> <SECTNO>§ 145.23</SECTNO> <SUBJECT>Time limits.</SUBJECT> <P>A mail entry made before December 18, 2004 may be amended under section 520(c), Tariff Act of 1930, as amended (19 U.S.C. 1520(c)), only if the addressee requests such amendment within the time limits prescribed therein (see §§ 173.4 and 173.5 of this chapter), and the claim is allowable under section 520(c). Requests for adjustment in the amount of duty assessed under mail entries made under § 145.22(a) must be made in such time that the request can be acted upon by the port director within 90 days after receipt of the mail article and payment of the duties by the addressee. For a mail entry made before December 18, 2004, protests under § 145.22(c) of this chapter must be filed no later than 90 days after payment of the duties by the addressee, but may be acted upon by CBP after expiration of that 90-day period. For a mail entry made on or after December 18, 2004, protests under § 145.22(c) of this chapter must be filed no later than 180 days after payment of the duties by the addressee, but may be acted upon by CBP after expiration of that 180-day period.</P> <CITA>[T.D. 73-135, 38 FR 13369, May 21, 1973, as amended by T.D. 78-102, 43 FR 14454, Apr. 6, 1978; CBP Dec. 11-02, 76 FR 2576, Jan. 14, 2011]</CITA> </SECTION> <SECTION> <SECTNO>§ 145.24</SECTNO> <SUBJECT>Amendment of entry.</SUBJECT> <P>If the port director is satisfied that the objection is valid and timely, he shall amend the mail entry. If the duty has already been paid, Customs shall issue an appropriate refund of duty.</P> </SECTION> <SECTION> <SECTNO>§ 145.25</SECTNO> <SUBJECT>Entry correct.</SUBJECT> <P>If the port director believes the duty originally assessed was correct, he shall send the addressee a notice in writing that the request for refund of duty has been denied. If the duty has not been paid, the mail entry shall be returned to the postmaster concerned, together with a copy of the notice sent to the addressee. The postmaster will then collect the duty and deliver the shipment, or, if the addressee refuses to pay the duty, will treat the shipment as undeliverable.</P> </SECTION> <SECTION> <SECTNO>§ 145.26</SECTNO> <SUBJECT>Rates of duty not binding.</SUBJECT> <P>Rates of duty assessed on a mail entry, whether assessed on the original entry or as amendments under § 145.24, are not binding for future importations. A binding ruling on tariff classification may be obtained in accordance <PRTPAGE P="91"/>with the procedures set forth in part 177 of this chapter.</P> <CITA>[T.D. 73-175, 38 FR 13369, May 21, 1973, as amended at 38 FR 17469, July 2, 1973; T.D. 78-99, 43 FR 13061, Mar. 29, 1978]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Special Classes of Merchandise</HD> <SECTION> <SECTNO>§ 145.31</SECTNO> <SUBJECT>Importations not over $200 in value.</SUBJECT> <P>The port director shall pass free of duty and tax, without preparing an entry as provided for in § 145.12, packages containing merchandise having an aggregate fair retail value in the country of shipment of not over $200, subject to the requirements set forth in §§ 10.151 and 10.153 of this chapter.</P> <CITA>[T.D. 94-51, 59 FR 30296, June 13, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 145.32</SECTNO> <SUBJECT>Bona-fide gifts.</SUBJECT> <P>The port director shall pass free of duty and tax, without preparing an entry as provided for in § 145.12, articles sent as bona-fide gifts from persons in foreign countries to persons in the United States having an aggregate fair retail value in the country of shipment not exceeding $100 ($200, in the case of articles sent from persons in the Virgin Islands, Guam, and American Samoa), subject to the requirements set forth in §§ 10.152 and 10.153 of this chapter.</P> <CITA>[T.D. 94-51, 59 FR 30296, June 13, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 145.34</SECTNO> <SUBJECT>Personal and household effects and tools of trade.</SUBJECT> <P>(a) <E T="03">U.S. military and civilian personnel returning from extended duty abroad.</E> Section 148.74 of this chapter sets forth specific requirements for exemptions from duty under subheading 9805.00.50, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), for personal and household effects of military and civilian personnel of the United States returning upon the completion of extended duty abroad. A copy of the official travel orders shall be attached to or enclosed in each mail article and the outside of each mail article shall be clearly marked to show that exemption from duty is being claimed.</P> <P>(b) <E T="03">Other personal and household effects, and tools of trade.</E> Certain personal and household effects and tools of trade may be passed free of duty without issuing an entry, in accordance with § 148.53 of this chapter.</P> <CITA>[T.D. 73-135, 38 FR 13369, May 21, 1973, as amended by T.D. 78-102, 43 FR 14454, Apr. 6, 1978; T.D. 89-1, 53 FR 51263, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 145.35</SECTNO> <SUBJECT>United States products returned.</SUBJECT> <P>Products of the United States returned after having been exported, which have not been advanced in value or improved in condition while abroad, may be passed free of duty without issuing an entry and without the declarations provided for in § 10.1(a) of this chapter, provided the shipment is valued at not over $2,000 and the port director is satisfied that the merchandise is free of duty under subheading 9801.00.10, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202).</P> <CITA>[T.D. 73-135, 38 FR 13369, May 21, 1973, as amended by T.D. 85-123, 50 FR 29955, July 23, 1985; T.D. 89-1, 53 FR 51263, Dec. 21, 1988; T.D. 89-82, 54 FR 36026, Aug. 31, 1989; T.D. 94-47, 59 FR 25570, May 17, 1994; T.D. 98-28, 63 FR 16417, Apr. 3, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 145.36</SECTNO> <SUBJECT>Articles for institutions.</SUBJECT> <P>Books and other articles classifiable under subheading 4903.00.00, 4904.00.00, 4905.91.00, 4905.99.00, 9701.10.00, 9701.90.00, 9810.00.05, Harmonized Tariff Schedule of the United States (HTSUS) (19 U.S.C. 1202), imported by and addressed directly to a library or other institution described in subheading 9810.00.05 or 9101.30, HTSUS may be passed free of duty without issuing an entry, if the port director is satisfied that the merchandise is entitled to free entry. A declaration may be required in accordance with § 10.43 of this chapter under the procedure specified in § 145.42.</P> <CITA>[T.D. 73-135, 38 FR 13369, May 21, 1973, as amended by T.D. 85-123, 50 FR 29955, July 23, 1985; T.D. 89-1, 53 FR 51263, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 145.37</SECTNO> <SUBJECT>Articles for the U.S. Government.</SUBJECT> <P>(a) <E T="03">Mail articles for copyright.</E> Mail articles marked for copyright which are addressed to the Library of Congress, to the U.S. Copyright Office, or to the office of the Register of Copyrights, Washington, DC, shall be passed free of duty without issuing an entry.<PRTPAGE P="92"/> </P> <P>(b) <E T="03">Books, engravings, and other articles.</E> Books, classifiable under subheading 4903.00.00, Harmonized Tariff Schedule of the United States (HTSUS) (19 U.S.C. 1202), and engravings, etchings, and other articles enumerated in subheading 9808.00.10, HTSUS, shall be passed free of duty without issuing an entry when they are addressed to the Library of Congress or any department or agency of the U.S. Government.</P> <P>(c) <E T="03">Official Government documents.</E> Other mail articles addressed to offices or officials of the U.S. Government, believed to contain only official documents, shall be passed free of duty without issuing an entry. Such mail articles, when believed to contain merchandise, shall be treated in the same manner as other mail articles of merchandise so addressed.</P> <CITA>[T.D. 73-135, 38 FR 13369, May 21, 1973, as amended by T.D. 78-102, 43 FR 14454, Apr. 6, 1978; T.D. 89-1, 53 FR 51263, Dec. 21, 1988; T.D. 91-77, 56 FR 46115, Sept. 10, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 145.38</SECTNO> <SUBJECT>Diplomatic pouches.</SUBJECT> <P>Mail articles bearing the official seal of a foreign government with which the United States has diplomatic relations, accompanied by certificates bearing such seal to the effect that they contain only official communications or documents, shall be admitted free of duty without Customs examination.</P> <CITA>[T.D. 73-135, 38 FR 13369, May 21, 1973, as amended by T.D. 78-102, 43 FR 14454, Apr. 6, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 145.39</SECTNO> <SUBJECT>Articles for diplomatic officers, representatives of international organizations, and foreign military personnel.</SUBJECT> <P>Free entry of articles in mail articles addressed to diplomatic officers, representatives of certain international organizations, and similar persons is governed by subpart I of part 148 of this chapter.</P> <CITA>[T.D. 73-175, 38 FR 13369, May 21, 1973, as amended by T.D. 73-227, 38 FR 22548, Aug. 22, 1973; T.D. 78-102, 43 FR 14454, Apr. 6, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 145.40</SECTNO> <SUBJECT>Plant material imported for immediate exportation.</SUBJECT> <P>Plant material may be imported by mail free of duty for immediate exportation by mail subject to the following regulations, which have been approved by the Department of Agriculture and the Postal Service. This procedure shall not affect the movement of plant material in the internal mails through the United States:</P> <P>(a) <E T="03">Permit for entry.</E> Each shipment shall be dispatched in the mails from abroad, accompanied by a yellow and green special mail tag bearing the serial number of the permit for entry for immediate exportation or immediate transportation and exportation, issued by the U.S. Department of Agriculture, and also by the postal form of Customs declaration.</P> <P>(b) <E T="03">Place of inspection.</E> Upon arrival, the shipment shall be detained by or redispatched to the postmaster at Washington, DC, Brownsville, Tex., Hoboken, NJ, Honolulu, Hawaii, Laredo, Tex., Miami, Fla., San Francisco, Calif., San Juan, P.R., San Pedro, Calif., or Seattle, Wash., as may be appropriate, according to the address on the green and yellow tag, and there submitted to the Customs officer and the Federal quarantine inspector. The merchandise shall be accorded special handling only at these cities, and under no circumstances shall it be permitted to enter the commerce of the United States.</P> <P>(c) <E T="03">Special handling.</E> After inspection by the Customs and quarantine officers, and with their approval, the addressee or his authorized agent shall repack and readdress the mail package under Customs supervision; endorse and sign on the package a waiver of the addressee's right to withdraw the mail article from the mails; affix to the mail article the necessary postage; and comply with any other mailing and export requirements, after which the package shall be delivered under Customs supervision to the postmaster for exportation by mail in accordance with § 145.71.</P> <P>(d) <E T="03">Entry not required.</E> It will not be necessary to issue a Customs mail entry nor to require a formal entry of the shipment.</P> <CITA>[T.D. 73-175, 38 FR 13369, May 21, 1973, as amended by T.D. 78-102, 43 FR 14455, Apr. 6, 1978]</CITA> </SECTION> <SECTION> <PRTPAGE P="93"/> <SECTNO>§ 145.41</SECTNO> <SUBJECT>Other conditionally and unconditionally free merchandise.</SUBJECT> <P>Shipments of conditionally or unconditionally free merchandise not specifically treated elsewhere in this part may be passed free of duty and tax without issuing an entry, if the value is not over $2,000 and the port director is satisfied that the merchandise is entitled to free entry.</P> <CITA>[T.D. 73-135, 38 FR 13369, May 21, 1973, as amended by T.D. 85-123, 50 FR 29955, July 23, 1985; T.D. 89-82, 54 FR 36026, Aug. 31, 1989; T.D. 98-28, 63 FR 16417, Apr. 3, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 145.42</SECTNO> <SUBJECT>Proof for conditionally free merchandise.</SUBJECT> <P>The port director may, at his discretion, require appropriate proof of duty-free status before releasing conditionally free merchandise. This proof may be obtained by either of the following methods:</P> <P>(a) <E T="03">Retain shipment and request proof.</E> The shipment may be retained by the port director while the necessary proof is requested from the addressee. If the requested proof is not received within 30 days, a mail entry shall be issued at the ordinary rate of duty which would apply if the merchandise were not conditionally free, and the mail entry shall be forwarded with the shipment for collection of duties.</P> <P>(b) <E T="03">Send shipment with form and entry.</E> If the only proof required for free entry is a declaration signed by the addressee, the port director may issue a mail entry at the ordinary duty which would apply if the merchandise were not conditionally free. The shipment shall then be forwarded together with the mail entry, a copy of the appropriate declaration form, and instructions to the postmaster to deliver the shipment free of duty if the importer executes the declaration, and to collect the full duty shown on the mail entry if the importer does not execute the declaration.</P> </SECTION> <SECTION> <SECTNO>§ 145.43</SECTNO> <SUBJECT>Unaccompanied tourist shipments</SUBJECT> <P>Unaccompanied tourist shipments for which entry is claimed under subheading 9804.00.70, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), may be passed free of duty and tax if the requirements of § 148.115(a) of this chapter are met. The Declaration of Unaccompanied Articles, Customs Form 255, shall be removed by the Customs officer from the shipment and retained for Customs purposes.</P> <CITA>[T.D. 78-394, 43 FR 49788, Oct. 25, 1978, as amended by T.D. 89-1, 53 FR 51263, Dec. 21, 1988]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Restricted and Prohibited Merchandise</HD> <SECTION> <SECTNO>§ 145.51</SECTNO> <SUBJECT>Articles prohibited by section 305, Tariff Act of 1930.</SUBJECT> <P>(a) <E T="03">Types of articles.</E> Various articles, as described in section 305, Tariff Act of 1930, as amended (19 U.S.C. 1305), and in part 12 of this chapter, are prohibited from importation. This prohibition includes the following types of articles:</P> <P>(1) Obscene matter;</P> <P>(2) Articles for causing unlawful abortion (see § 145.52 for the treatment of literature pertaining to such articles);</P> <P>(3) Matter advocating treason or insurrection against the United States or forcible resistance to any law of the United States;</P> <P>(4) Matter containing any threat to take the life of or inflict bodily harm upon any person in the United States; and</P> <P>(5) Lottery matter, except any lottery ticket, printed paper that may be used as a lottery ticket, or advertisement of any lottery, that is printed in Canada for use in connection with a lottery conducted in the United States.</P> <P>(b) <E T="03">Disposition of articles.</E> Mail found to contain lottery matter shall be disposed of by the Postal Service under the postal laws and regulations. Mail found to contain any of the other prohibited articles described in paragraphs (a)(1) through (a)(4) of this section shall be given appropriate treatment by Customs under the Customs laws and regulations (see § 12.40 of this chapter).</P> <CITA>[T.D. 73-135, 38 FR 13369, May 21, 1973, as amended by T.D. 92-80, 57 FR 37702, Aug. 20, 1992]</CITA> </SECTION> <SECTION> <PRTPAGE P="94"/> <SECTNO>§ 145.52</SECTNO> <SUBJECT>Literature concerning devices for unlawful abortion.</SUBJECT> <P>Mail articles containing literature or advertisements concerning devices to produce unlawful abortions, are prohibited from the mails by 18 U.S.C. 1461, and shall be retained by, or delivered to, the Postal Service for disposition under the postal laws and regulations. If the Postal Service determines in any case that it is proper to release the material to the addressee, it shall be submitted for Customs treatment before delivery.</P> <CITA>[T.D. 78-99, 43 FR 13061, Mar. 29, 1978, as amended by T.D. 78-102, 43 FR 14455, Apr. 6, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 145.53</SECTNO> <SUBJECT>Firearms and munitions of war.</SUBJECT> <P>Importations of firearms, munitions of war, and related articles are subject to the import permit requirements and other restrictions set forth in 27 CFR parts 47, 178, 179.</P> <CITA>[T.D. 73-135, 38 FR 13369, May 21, 1973, as amended by T.D. 78-329, 43 FR 43455, Sept. 26, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 145.54</SECTNO> <SUBJECT>Alcoholic beverages.</SUBJECT> <P>(a) <E T="03">Nonmailable.</E> Alcoholic beverages are nonmailable, with certain exceptions (see 18 U.S.C. 1716 and the postal regulations), and when imported in the mails are subject to seizure and forfeiture under 18 U.S.C. 545.</P> <P>(b) <E T="03">Seizure.</E> When alcoholic beverages are received in the mails, they shall be seized, and the addressee shall be advised that they are subject to forfeiture and that he has a right to file a petition for their release (see part 171 of this chapter).</P> <P>(c) <E T="03">Conditions for release.</E> If the port director is satisfied that there was no fraudulent intent involved, he may release the alcoholic beverages to the addressee upon the following conditions:</P> <P>(1) Applicable duty and internal revenue tax shall be paid.</P> <P>(2) The addressee shall comply with the alcoholic beverage laws of the State to which the shipment is destined.</P> <P>(3) Any other conditions the port director may impose under his authority to remit or mitigate fines, penalties, and forfeitures shall be complied with.</P> <P>(4) The addressee, his representative, or a common carrier shall pick up the merchandise at the Customs office where it is being held. Since the merchandise is nonmailable, it cannot be delivered by the Postal Service.</P> </SECTION> <SECTION> <SECTNO>§ 145.55</SECTNO> <SUBJECT>Trademarks, trade names, and copyrights.</SUBJECT> <P>Merchandise bearing a trademark or trade name entitled to protection against imports, merchandise bearing a mark or name that copies or simulates such a trademark or trade name, and merchandise which is in violation of copyright law is subject to the restrictions and prohibitions set forth in part 133 of this chapter.</P> </SECTION> <SECTION> <SECTNO>§ 145.56</SECTNO> <SUBJECT>Foreign Assets Control.</SUBJECT> <P>Merchandise subject to regulations of the Office of Foreign Assets Control of the Treasury Department prohibiting or restricting entry of unlicensed importations of articles directly or indirectly from certain designated countries shall be detained until licensed or the question of its release, seizure, or other disposition has been determined under the Foreign Assets Control or Cuban Assets Control regulations (31 CFR parts 500 and 515) (See also 19 CFR 12.150).</P> <CITA>[T.D. 73-135, 38 FR 13369, May 21, 1973, as amended by T.D. 96-42, 61 FR 24889, May 17, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 145.57</SECTNO> <SUBJECT>Regulations of other agencies.</SUBJECT> <P>Certain types of plants and plant products, food, drugs, cosmetics, hazardous or caustic and corrosive substances, viruses, serums, and various harmful articles are subject to examination and clearance by appropriate agencies before release to the addressee (see part 12 of this chapter).</P> </SECTION> <SECTION> <SECTNO>§ 145.58</SECTNO> <SUBJECT>Other restricted and prohibited merchandise.</SUBJECT> <P>Other restrictions and prohibitions pertaining to certain types of imported merchandise are set forth in part 12 of this chapter and are applicable to importations by mail.</P> </SECTION> <SECTION> <PRTPAGE P="95"/> <SECTNO>§ 145.59</SECTNO> <SUBJECT>Seizures.</SUBJECT> <P>(a) <E T="03">Articles prohibited and contrary to law.</E> All mail shipments containing articles the importation of which is prohibited, or articles imported into the United States in any manner contrary to law, shall be seized or detained as appropriate and held by Customs officers for appropriate treatment, except for certain articles which will be handled by the Postal Service as specified in §§ 145.51 and 145.52.</P> <P>(b) <E T="03">Notification of seizure or detention.</E> In all cases where articles are seized or detained by Customs officers, the addressee shall be notified of the seizure or detention, of the reason for such action, and, if appropriate, of his right to petition for relief (see part 171 of this chapter).</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Exportation by Mail</HD> <SECTION> <SECTNO>§ 145.71</SECTNO> <SUBJECT>Exportation from continuous Government custody.</SUBJECT> <P>(a) <E T="03">Relief from duties.</E> Merchandise imported into the United States, unless nonmailable, may be exported by any class of mail without the payment of duties, if:</P> <P>(1) The merchandise has remained continuously in the custody of the Government (Customs or postal authorities); and</P> <P>(2) The mail articles containing such merchandise are inspected and mailed under Customs supervision.</P> <P>(b) <E T="03">Waiver of right to withdraw.</E> Waiver of the right to withdraw the mail article from the mails shall be endorsed on each mail article to be so exported and signed by the exporter.</P> <P>(c) <E T="03">Export entry or withdrawal required.</E> An export entry in accordance with § 18.25 of this chapter or a warehouse withdrawal for exportation in accordance with § 144.37 of this chapter, whichever is appropriate, shall be filed for merchandise being exported under this section, except for merchandise imported by mail which is either:</P> <P>(1) Unclaimed or refused and being returned by the Postal Service to the country of origin as undeliverable mail; or</P> <P>(2) For which a formal entry has not been filed and which is being remailed from continuous Customs or postal custody to Canada.</P> <CITA>[T.D. 73-175, 38 FR 13369, May 21, 1973, as amended at 38 FR 17470, July 2, 1973; T.D. 78-102, 43 FR 14455, Apr. 6, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 145.72</SECTNO> <SUBJECT>Delivery to Customs custody for exportation.</SUBJECT> <P>In certain cases where merchandise has not been in continuous Government custody, delivery to Customs custody is appropriate before exportation by mail, as set forth in the following sections of this chapter:</P> <P>(a) Section 10.8 (articles exported for repairs or alterations).</P> <P>(b) Section 10.9 (articles exported for processing).</P> <P>(c) Section 148.33 (merchandise which was imported free of duty under a personal exemption, found to be unsatisfactory, and is being exported for replacement).</P> <P>(d) Section 10.38 (exportation of imported merchandise which was entered temporarily under bond).</P> <P>(e) Section 191.42 (exportation of rejected imported merchandise, with drawback of duties).</P> <CITA>[T.D. 73-135, 38 FR 13369, May 21, 1973, as amended by T.D. 98-16, 63 FR 11005, Mar. 5, 1998]</CITA> </SECTION> <APPENDIX> <EAR>Pt. 145, Policy Stmt.</EAR> <HD SOURCE="HED">Policy Statement to Part 145—Examination of Sealed Letter Class Mail</HD> <P>A. Customs officers and employees shall not open first class mail arriving in the U.S. Virgin Islands for delivery there, if it originated in the Customs territory of the United States, unless a search warrant or written authorization of the sender or addressee is obtained. Customs officers or employees may open and examine all other sealed letter class mail which is subject to the Customs mail regulations (see 19 CFR part 145) and which appears to contain matter in addition to, or other than, correspondence, provided they have “reasonable cause to suspect” the presence of merchandise or contraband.</P> <P>B. Customs officers and employees shall not open any sealed letter class mail which appears to contain only correspondence unless a search warrant or written authorization of the sender or addressee is obtained in advance of the opening.</P> <P>C. Customs officers and employees are prohibited from reading, or authorizing or allowing others to read, any correspondence contained in any letter class mail unless there has been obtained in advance either a <PRTPAGE P="96"/>search warrant or written authorization of the sender or addressee. This prohibition, which will continue to be strictly enforced, also applies to correspondence between school children and correspondence of the blind which are authorized to be mailed at other than the letter rate of postage in international mail.</P> <P>D. If a violation of law is discovered upon opening any mail article referred to in paragraph C, and it is believed that the correspondence may provide additional information concerning the violation and is therefore needed for further investigation or use in court, a search warrant shall be obtained before any correspondence is seized, read, or referred to another agency. Search warrants shall be promptly sought. Correspondence may be detained while a search warrant is being sought.</P> <P>E. If no controlled delivery is arranged and correspondence is not to be otherwise seized pursuant to a search warrant (see “F” below), the item which constitutes the violation shall be removed and any correspondence shall be replaced in the wrapper, or in a new wrapper if the original wrapper has been seized pursuant to 19 U.S.C. 1595a. The wrapper shall then be resealed, marked to indicate it was opened by Customs, and returned to postal channels. Appropriate seizure notices shall be sent in accordance with 19 CFR 145.59(b).</P> <P>F. No mail article may be referred to another agency without a search warrant unless—</P> <P>(1) Any correspondence has been removed and the mail article is being referred for examination and clearance under 19 CFR 145.57,</P> <P>(2) Any correspondence has been removed and the mail article has been lawfully seized by Customs,</P> <P>(3) The mail article is being referred to Postal Service channels to effect a controlled delivery in cooperation with other law enforcement agencies, or</P> <P>(4) The mail article is being returned to Postal Service channels for normal processing.</P> <P>G. Whenever sealed letter class mail is opened, the factors giving the Customs officer or employee “reasonable cause to suspect” the presence of merchandise or contraband shall be recorded on the appropriate form and on the opened envelope or other container by means of appropriate coded symbols. Should a seizure result, these factors shall also be recorded on the seizure report.</P> <P>H. Sealed letter class mail with the green Customs label on a Customs declaration may be opened without additional cause. Correspondence in such mail is subject to the restrictions regarding the detention, reading, and referral of mail to other agencies found in paragraphs C through F.</P> <P>I. Whenever any sealed letter class mail is opened for any of the reasons set forth in the above paragraphs, a Postal Service employee shall be present and shall observe the opening.</P> <P>J. Any violation of the Customs mail regulations or any of these policies will lead to appropriate administrative sanctions, as well as possible criminal prosecution pursuant to 18 U.S.C. 1702.</P> <CITA>[T.D. 73-135, 38 FR 13369, May 21, 1973, as amended by T.D. 84-213, 49 FR 41185, Oct. 19, 1984]</CITA> </APPENDIX> <APPENDIX> <EAR>Pt. 145, App.</EAR> <HD SOURCE="HED">Appendix to Part 145</HD> <P>A. <E T="03">Scope.</E> The Customs Service is authorized to examine, with certain exceptions for diplomatic and governmental mail, all mail arriving from outside the Customs territory of the United States (CTUS) which is to be delivered within the CTUS, and all mail arriving from outside the U.S. Virgin Islands which is to be delivered within the U.S. Virgin Islands. The term “Customs territory of the United States” is limited to the States, the District of Columbia, and Puerto Rico. Consequently, mail arriving from other U.S. territories and possessions is subject to Customs examination even though it is designated “domestic” mail for Postal Service purposes. Likewise, mail in the APO/FPO military postal system is subject to Customs examination, even though it also is designated “domestic” mail for Postal Service purposes. The Customs Service therefor is responsible for examining all international mail to be delivered in the CTUS and certain limited categories of so-called “domestic mail”.</P> <P>B. <E T="03">Definitions.</E> Under various international conventions and bilateral agreements, international mail falls within two main classes, Parcel Post and Postal Union mail.</P> <P>Parcel Post is not permitted to contain correspondence but is to be used for the transmission of merchandise and is fully subject to Customs examination in the same manner as other merchandise shipments (e.g., luggage, cargo, containers, etc.). Postal Union mail is divided into “LC” mail (Lettres et Cartes) and “AO” mail (Aures Objets).</P> <P>“LC mail consists of letters, packages paid at the letter rate of postage, post cards, and aerogrammes. The term “letter class mail” as used in the Customs Regulations and in this policy statement means “LC” mail as well as equivalent articles in “domestic” mail subject to Customs examination. Equivalent articles in “domestic” mail would include articles mailed at the letter rate, or equivalent class or category, in the APO/FPO military system or from a U.S. territory or possession outside the CTUS. Since the term “letter class mail” thus includes packages and bulky envelopes as long as <PRTPAGE P="97"/>they are mailed at the letter rate, or equivalent class or category, the restrictions relating to opening and reading of correspondence apply equally to such packages or bulky envelopes.</P> <P>“AO” mail is to be treated in the same manner as Parcel Post mail since the Universal Postal Union Convention requires that they “be made up in such a manner that they may be easily examined” and generally are not permitted to “contain any document having the character of current and personal correspondence.” Exceptions to the latter requirement exist for matter for the blind and certain correspondence between school children. Because of these exceptions, the prohibition against reading correspondence without a search warrant or authorization of the sender or addressee applies to correspondence of the blind and correspondence between school children contained in “AO” mail. “AO” mail can usually be identified by the following words: “Imprime” or “Printed Matter”, “Cecogramme” or “Literature for the Blind”, “Petit Paquet” or “Small Packet” or similar terms or their equivalents.</P> <P>C. <E T="03">Reasonable Cause to Suspect.</E> Determining whether there is “reasonable cause to suspect” that merchandise or contraband is contained in sealed letter class mail is ultimately a matter of judgment for each Customs official, based on all relevant facts and circumstances. This judgment should be exercised within the framework of the Customs regulation that sealed letter class mail which appears to contain only correspondence is not to be opened unless a search warrant or written authorization from either the sender or the addressee has been obtained in advance of the opening.</P> <P>Past practice indicates that the following circumstances (which are illustrative and not exhaustive) provide “reasonable cause to suspect” and permit the opening of sealed letter class mail without a search warrant or authorization of the sender or addressee.</P> <P>1. A detector dog has alerted to the presence of narcotics or explosives in a specific mail article.</P> <P>2. X-ray of fluoroscope examination indicates the presence of merchandise or contraband.</P> <P>3. The weight, shape, feel, or sound of the mail article or its contents may indicate that merchandise or contraband (e.g., a hard object which may be jewelry, a stack of paper which may be counterfeit money, or coins) could be in the mail article. Contents of a mail article which feel lumpy, powdery, or spongy may, for example, indicate the presence of narcotics.</P> <P>4. Information from a source previously shown to be reliable indicates that an identifiable mail article contains merchandise or contraband.</P> <P>5. The mail article is insured.</P> <P>6. The mail article is a box, carton, or wrapper other than a thin envelope.</P> <P>7. The sender or addressee of the mail article is known to be fictitious.</P> <P>On the other hand, certain facts standing alone generally will not provide “reasonable cause to suspect” the presence of merchandise or contraband and therefore do not permit the opening of sealed letter class mail. For example, sealed letter class mail may not be opened merely because:</P> <P>1. The mail article is registered.</P> <P>2. The feel of a letter-size envelope suggests that it contains one or a limited number of photographs.</P> <P>3. The mail article appears to be part of a mass mailing.</P> <P>4. The mail article is from a particular country, whether or not a known source country of contraband.</P> <P>5. A detector dog has alerted to the presence of narcotics or explosives somewhere within a tray of mail (the individual articles of mail must then be examined individually).</P> <P>6. The sender of addressee of the mail article is known to have mailed or received contraband or merchandise in violation of law in the past.</P> <P>7. The wrapper contains writing or typing similar to that previously found on articles of mail which contained contraband or merchandise in violation of law.</P> <P>In case where any one of the above facts is present, additional evidence must exist which in conjunction with that fact provides reasonable cause to suspect the presence of merchandise or contraband.</P> <CITA>[T.D. 78-102, 43 FR 14454, Apr. 6, 1978, as amended by T.D. 83-212, 48 FR 46771, Oct. 14, 1983]</CITA> </APPENDIX> </SUBPART> </PART> <PART> <EAR>Pt. 146</EAR> <HD SOURCE="HED">PART 146—FOREIGN TRADE ZONES</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>146.0</SECTNO> <SUBJECT>Scope.</SUBJECT> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECTNO>146.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>146.2</SECTNO> <SUBJECT>Port director as Board representative.</SUBJECT> <SECTNO>146.3</SECTNO> <SUBJECT>Customs supervision.</SUBJECT> <SECTNO>146.4</SECTNO> <SUBJECT>Operator responsibility and supervision.</SUBJECT> <SECTNO>146.5</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>146.6</SECTNO> <SUBJECT>Procedure for activation.</SUBJECT> <SECTNO>146.7</SECTNO> <SUBJECT>Zone changes.</SUBJECT> <SECTNO>146.8</SECTNO> <SUBJECT>Seals; authority of operator to break and affix.</SUBJECT> <SECTNO>146.9</SECTNO> <SUBJECT>Permission of operator.</SUBJECT> <SECTNO>146.10</SECTNO> <SUBJECT>Authority to examine merchandise.</SUBJECT> <SECTNO>146.11</SECTNO> <SUBJECT>Transportation of merchandise to a zone.</SUBJECT> <SECTNO>146.12</SECTNO> <SUBJECT>Use of zone by carrier.</SUBJECT> <SECTNO>146.13</SECTNO> <SUBJECT>Customs forms and procedures.</SUBJECT> <SECTNO>146.14</SECTNO> <SUBJECT>Retail trade within a zone.</SUBJECT> </SUBPART> <SUBPART> <PRTPAGE P="98"/> <HD SOURCE="HED">Subpart B—Inventory Control and Recordkeeping System</HD> <SECTNO>146.21</SECTNO> <SUBJECT>General requirements.</SUBJECT> <SECTNO>146.22</SECTNO> <SUBJECT>Admission of merchandise to a zone.</SUBJECT> <SECTNO>146.23</SECTNO> <SUBJECT>Accountability for merchandise in a zone.</SUBJECT> <SECTNO>146.24</SECTNO> <SUBJECT>Transfer of merchandise from a zone.</SUBJECT> <SECTNO>146.25</SECTNO> <SUBJECT>Annual reconciliation.</SUBJECT> <SECTNO>146.26</SECTNO> <SUBJECT>System review.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Admission of Merchandise to a Zone</HD> <SECTNO>146.31</SECTNO> <SUBJECT>Admissibility of merchandise into a zone.</SUBJECT> <SECTNO>146.32</SECTNO> <SUBJECT>Application and permit for admission of merchandise.</SUBJECT> <SECTNO>146.33</SECTNO> <SUBJECT>Temporary deposit for manipulation.</SUBJECT> <SECTNO>146.34</SECTNO> <SUBJECT>Merchandise transiting a zone.</SUBJECT> <SECTNO>146.35</SECTNO> <SUBJECT>Temporary deposit in a zone; incomplete documentation.</SUBJECT> <SECTNO>146.36</SECTNO> <SUBJECT>Examination of merchandise.</SUBJECT> <SECTNO>146.37</SECTNO> <SUBJECT>Operator admission responsibilities.</SUBJECT> <SECTNO>146.38</SECTNO> <SUBJECT>Certificate of arrival of merchandise.</SUBJECT> <SECTNO>146.39</SECTNO> <SUBJECT>Direct delivery procedures.</SUBJECT> <SECTNO>146.40</SECTNO> <SUBJECT>Operator responsibilities for direct delivery.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Status of Merchandise in a Zone</HD> <SECTNO>146.41</SECTNO> <SUBJECT>Privileged foreign status.</SUBJECT> <SECTNO>146.42</SECTNO> <SUBJECT>Nonprivileged foreign status.</SUBJECT> <SECTNO>146.43</SECTNO> <SUBJECT>Domestic status.</SUBJECT> <SECTNO>146.44</SECTNO> <SUBJECT>Zone-restricted status.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Handling of Merchandise in a Zone</HD> <SECTNO>146.51</SECTNO> <SUBJECT>Customs control of merchandise.</SUBJECT> <SECTNO>146.52</SECTNO> <SUBJECT>Manipulation, manufacture, exhibition or destruction; Customs Form 216.</SUBJECT> <SECTNO>146.53</SECTNO> <SUBJECT>Shortages and overages.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Transfer of Merchandise From a Zone</HD> <SECTNO>146.61</SECTNO> <SUBJECT>Constructive transfer to Customs territory.</SUBJECT> <SECTNO>146.62</SECTNO> <SUBJECT>Entry.</SUBJECT> <SECTNO>146.63</SECTNO> <SUBJECT>Entry for consumption.</SUBJECT> <SECTNO>146.64</SECTNO> <SUBJECT>Entry for warehouse.</SUBJECT> <SECTNO>146.65</SECTNO> <SUBJECT>Classification, valuation, and liquidation.</SUBJECT> <SECTNO>146.66</SECTNO> <SUBJECT>Transfer of merchandise from one zone to another.</SUBJECT> <SECTNO>146.67</SECTNO> <SUBJECT>Transfer of merchandise for exportation.</SUBJECT> <SECTNO>146.68</SECTNO> <SUBJECT>Transfer for transportation or exportation; estimated production.</SUBJECT> <SECTNO>146.69</SECTNO> <SUBJECT>Supplies, equipment, and repair material for vessels or aircraft.</SUBJECT> <SECTNO>146.70</SECTNO> <SUBJECT>Transfer of zone-restricted merchandise into Customs territory.</SUBJECT> <SECTNO>146.71</SECTNO> <SUBJECT>Release and removal of merchandise from zone.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart G—Penalties; Suspension; Revocation</HD> <SECTNO>146.81</SECTNO> <SUBJECT>Penalties.</SUBJECT> <SECTNO>146.82</SECTNO> <SUBJECT>Suspension.</SUBJECT> <SECTNO>146.83</SECTNO> <SUBJECT>Revocation of zone grant.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart H—Petroleum Refineries in Foreign-Trade Subzones</HD> <SECTNO>146.91</SECTNO> <SUBJECT>Applicability.</SUBJECT> <SECTNO>146.92</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>146.93</SECTNO> <SUBJECT>Inventory control and recordkeeping system.</SUBJECT> <SECTNO>146.94</SECTNO> <SUBJECT>Records concerning establishment of manufacturing period.</SUBJECT> <SECTNO>146.95</SECTNO> <SUBJECT>Methods of attribution.</SUBJECT> <SECTNO>146.96</SECTNO> <SUBJECT>Approval of other recordkeeping systems.</SUBJECT> <APP>Appendix to Part 146—Guidelines for Determining Producibility and Relative Values for Oil Refinery Zones</APP> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>19 U.S.C. 66, 81a-81u, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States), 1623, 1624.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>T.D. 86-16, 51 FR 5049, Feb. 11, 1986, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 146.0</SECTNO> <SUBJECT>Scope.</SUBJECT> <P>Foreign trade zones are established under the Foreign Trade Zones Act and the general regulations and rules of procedure of the Foreign Trade Zones Board contained in 15 CFR part 400. This part 146 of the Customs Regulations governs the admission of merchandise into a foreign trade zone, manipulation, manufacture, or exhibition in a zone; exportation of the merchandise from a zone; and transfer of merchandise from a zone into Customs territory.</P> </SECTION> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECTION> <SECTNO>§ 146.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>(a) The following words, defined in section 1 of the Foreign-Trade Zones Act of 1934, as amended (19 U.S.C. 81a), are given the same meaning when used in this part, unless otherwise stated: “Board”, “Grantee”, and “Zones”.</P> <P>(b) The following are general definitions for the purpose of this part:</P> <P> <E T="03">Act.</E> “Act” means the Foreign-Trade Zones Act of June 18, 1934, as amended (48 Stat. 998-1003; 19 U.S.C. 81a-u).</P> <P> <E T="03">Activation.</E> “Activation” means approval by the grantee and port director for operations and for the admission <PRTPAGE P="99"/>and handling of merchandise in zone status.</P> <P> <E T="03">Admit.</E> “Admit” means to bring merchandise into a zone with zone status.</P> <P> <E T="03">Alteration.</E> “Alteration” means a change in the boundaries of an activated zone or subzone; activation of a separate site of an already-activated zone or subzone with the same operator at the same port; or the relocation of an already-activated site with the same operator.</P> <P> <E T="03">Conditionally admissible merchandise.</E> “Conditionally admissible merchandise” is merchandise which may be imported into the U.S. under certain conditions. Merchandise which is subject to permits or licenses, or which may be reconditioned to bring it into compliance with the laws administered by various Federal agencies, is an example of conditionally admissible merchandise.</P> <P> <E T="03">Constructive transfer.</E> “Constructive transfer” is a legal fiction which permits acceptance of a Customs entry for merchandise in a zone before its physical transfer to the Customs territory.</P> <P> <E T="03">Customs territory.</E> “Customs territory” is the territory of the U.S. in which the general tariff laws of the U.S. apply. “Customs territory of the United States” includes only the States, the District of Columbia, and Puerto Rico. (General Note 2, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202)).</P> <P> <E T="03">Deactivation.</E> “Deactivation” means voluntary discontinuation of the activation of an entire zone or subzone by the grantee or operator. Discontinuance of the activated status of only a part of a zone site is an alteration.</P> <P> <E T="03">Default.</E> “Default” means an action or omission that will result in a claim for duties, taxes, charges, or liquidated damages under the Foreign Trade Zone Operator Bond.</P> <P> <E T="03">Domestic merchandise.</E> “Domestic merchandise” is merchandise which has been (i) produced in the U.S. and not exported therefrom, or (ii) previously imported into Customs territory and properly released from Customs custody.</P> <P> <E T="03">Foreign merchandise.</E> “Foreign merchandise” is imported merchandise which has not been properly released from Customs custody in Customs territory.</P> <P> <E T="03">Fungible merchandise.</E> “Fungible merchandise” means merchandise which for commercial purposes is identical and interchangeable in all situations.</P> <P> <E T="03">Merchandise.</E> “Merchandise” includes goods, wares and chattels of every description, except prohibited merchandise. Building materials, production equipment, and supplies for use in operation of a zone are not “merchandise” for the purpose of this part.</P> <P> <E T="03">Operator.</E> “Operator” is a corporation, partnership, or person that operates a zone or subzone under the terms of an agreement with the zone grantee. Where used in this part, the term “operator” also applies to a “grantee” that operates its own zone.</P> <P> <E T="03">Port Director.</E> For those foreign trade zones located within the geographical limits of a port of entry, the term “port director” means the director of that port of entry. For those foreign trade zones located outside the geographical limits of a port of entry, the term “port director” means the director of the port of entry geographically nearest to where the foreign trade zone is located.</P> <P> <E T="03">Prohibited merchandise.</E> “Prohibited merchandise” is merchandise the importation of which is prohibited by law on grounds of public policy or morals, or any merchandise which is excluded from a zone by order of the Board. Books urging treason or insurrection against the U.S., obscene pictures, and lottery tickets are examples of prohibited merchandise.</P> <P> <E T="03">Reactivation.</E> “Reactivation” means a resumption of the activated status of an entire area that was previously deactivated without any change in the operator or the area boundaries. If the boundaries are different, the action is an alteration. If the operator is different, it is an activation.</P> <P> <E T="03">Subzone.</E> “Subzone” is a special-purpose zone established as part of a zone project for a limited purpose, that cannot be accommodated within an existing zone. The term “zone” also applies to a subzone, unless specified otherwise.</P> <P> <E T="03">Transfer.</E> “Transfer” means to take merchandise with zone status from a zone for consumption, transportation, <PRTPAGE P="100"/>exportation, warehousing, cartage or lighterage, vessel supplies and equipment, admission to another zone, and like purposes.</P> <P> <E T="03">Unique identifier.</E> “Unique identifier” means the numbers, letters, or combination of numbers and letters that identify merchandise admitted to a zone with zone status.</P> <P> <E T="03">User.</E> “User” means a person or firm using a zone or subzone for storage, handling, or processing of merchandise.</P> <P> <E T="03">Zone lot.</E> “Zone lot” means a collection of merchandise maintained under an inventory control method based on specific identification of merchandise admitted to a zone by lot.</P> <P> <E T="03">Zone site.</E> “Zone site” means the physical location of a zone or subzone.</P> <P> <E T="03">Zone status.</E> “Zone status” means the status of merchandise admitted to a zone, <E T="03">i.e.</E>, nonprivileged foreign, privileged foreign, zone restricted, or domestic.</P> <CITA>[T.D. 86-16, 51 FR 5049, Feb. 11, 1986, as amended by T.D. 89-1, 53 FR 51263, Dec. 21, 1988; T.D. 99-27, 64 FR 13674, Mar. 22, 1999]</CITA> </SECTION> <SECTION> <SECTNO>§ 146.2</SECTNO> <SUBJECT>Port director as Board representative.</SUBJECT> <P>The appropriate port director shall be in charge of the zone as the representative of the Board.</P> <CITA>[T.D. 86-16, 51 FR 5049, Feb. 11, 1986, as amended by T.D. 99-27, 64 FR 13676, Mar. 22, 1999]</CITA> </SECTION> <SECTION> <SECTNO>§ 146.3</SECTNO> <SUBJECT>Customs supervision.</SUBJECT> <P>(a) <E T="03">Assignment of Customs officers.</E> Customs officers will be assigned or detailed to a zone as necessary to maintain appropriate Customs supervision of merchandise and records pertaining thereto in the zone, and to protect the revenue.</P> <P>(b) <E T="03">Supervision.</E> Customs supervision over any zone or transaction provided for in this part will be in accordance with § 101.2(c) of this chapter. The port director may direct a Customs officer to supervise any transaction or procedure at a zone. Supervision may be performed through a periodic audit of the operator's records, quantity count of goods in a zone inventory, spot check of selected transactions or procedures, or review of recordkeeping, security, or conditions of storage in a zone.</P> <CITA>[T.D. 86-16, 51 FR 5049, Feb. 11, 1986, as amended by T.D. 98-22, 63 FR 11826, Mar. 11, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 146.4</SECTNO> <SUBJECT>Operator responsibility and supervision.</SUBJECT> <P>(a) <E T="03">Supervision.</E> The operator shall supervise all admissions, transfers, removals, recordkeeping, manipulations, manufacturing, destruction, exhibition, physical and procedural security, and conditions of storage in the zone as required by law and regulations. Supervision by the operator shall be that which a prudent manager of a storage, manipulation, or manufacturing facility would be expected to exercise, and may take into account the degree of supervision exercised by the zone user having physical possession of zone merchandise.</P> <P>(b) <E T="03">Customs access.</E> The operator shall permit any Customs officer access to a zone.</P> <P>(c) <E T="03">Safekeeping of merchandise and records.</E> The operator is responsible for safekeeping of merchandise and records concerning merchandise admitted to a zone. The operator, at its liability, may allow the zone importer or owner of the goods to store, safeguard, and otherwise maintain or handle the goods and the inventory records pertaining to them.</P> <P>(d) <E T="03">Records maintenance.</E> The operator shall (1) maintain the inventory control and recordkeeping system in accordance with the provisions of subpart B, (2) retain all records required in this part and defined in § 162.1(a) of this chapter, pertaining to zone merchandise for 5 years after the merchandise is removed from the zone, and (3) protect proprietary information in its custody from unauthorized disclosure. Records shall be readily available for Customs review at the zone.</P> <P>(e) <E T="03">Merchandise security.</E> The operator shall maintain the zone and establish procedures adequate to ensure the security of merchandise located in the zone in accordance with applicable Customs security standards and specifications.</P> <P>(f) <E T="03">Storage and handling.</E> The operator shall store and handle merchandise in a zone in a safe and sanitary manner to <PRTPAGE P="101"/>minimize damage to the merchandise, avoid hazard to persons, and meet local, state, and Federal requirements applicable to a specific kind of goods. All trash and waste will be promptly removed from a zone. Aisles will be established and maintained, and doors and entrances left unblocked for access by Customs officers and other persons in the performance of their official duties.</P> <P>(g) <E T="03">Guard service.</E> The operator is authorized to provide guards or contract for guard service to safeguard the merchandise and ensure the security of the zone. This authorization does not limit the authority of the port director to assign Customs guards to protect the revenue under section 4 of the Act (19 U.S.C. 81d).</P> <P>(h) <E T="03">Miscellaneous responsibilities.</E> The operator is responsible for complying with requirements for admission, manipulation, manufacture, exhibition, or destruction, shortage, or overage; inventory control and recordkeeping systems, transfer to Customs territory, and other requirements as specified in this part. If the operator elects to transfer merchandise from within the district boundaries (see definition of “district” at § 112.1) to his zone, he shall receipt for the merchandise at the time he picks it up for transportation to his facility. He becomes liable for the merchandise at that time.</P> <CITA>[T.D. 86-16, 51 FR 5049, Feb. 11, 1986, as amended by T.D. 94-81, 59 FR 51496, Oct. 12, 1994; T.D. 95-77, 60 FR 50020, Sept. 27, 1995; T.D. 99-27, 64 FR 13676, Mar. 22, 1999]</CITA> </SECTION> <SECTION> <SECTNO>§ 146.5</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 146.6</SECTNO> <SUBJECT>Procedure for activation.</SUBJECT> <P>(a) <E T="03">Application.</E> A zone operator, or where there is no operator, a grantee, shall make written application to the port director to obtain approval of activation of a zone or zone site. The area to be activated may be all or any portion of the zone approved by the Board. The application must include a description of all the zone sites covered by the application, any operation to be conducted therein, and a statement of the general character of the merchandise to be admitted. The port director may also require the operator or grantee to submit fingerprints on form FD 258 or electronically at the time of filing the application. If the operator is an individual, that individual's fingerprints may be required. If the operator or grantee is a business entity, fingerprints of all officers and managing officials may be required.</P> <P>(b) <E T="03">Supporting documents.</E> The application must be accompanied by the following:</P> <P>(1) [Reserved]</P> <P>(2) A blueprint of the area approved by the Board to be activated showing area measurements, including all openings and buildings; and all outlets, inlets, and pipelines to any tank for the storage of liquid or similar product, that portion of the blueprint certified to be correct by the operator of the tank;</P> <P>(3) A gauge table, when appropriate, showing the capacity, in the appropriate unit, of any tank, certified to be correct by the operator of the tank;</P> <P>(4) A procedures manual describing the inventory control and recordkeeping system that will be used in the zone, certified by the operator or grantee to meet the requirements of subpart B; and</P> <P>(5) The written concurrence of the grantee, when the operator applies for activation, in the requested zone activation.</P> <P>(c) <E T="03">Inquiry by port director.</E> As a condition of approval of the application, the port director may order an inquiry by a Customs officer into:</P> <P>(1) The qualifications, character, and experience of an operator and/or grantee and their principal officers; and</P> <P>(2) The security, suitability, and fitness of the facility to receive merchandise in a zone status.</P> <P>(d) <E T="03">Decision of the port director.</E> The port director shall promptly notify the applicant in writing of his decision to approve or deny the application to activate the zone. If the application is denied, the notification will state the grounds for denial which need not be limited to those listed in § 146.82. The decision of the port director will be the final Customs administrative determination in the matter. On approval of the application, a Foreign Trade Zone Operator's Bond shall be executed on Customs Form 301, containing the bond conditions of § 113.73 of this chapter.<PRTPAGE P="102"/> </P> <P>(e) <E T="03">Activation.</E> Upon the port director's approval of the application and acceptance of the executed bond, the zone or zone site will be considered activated; and merchandise may be admitted to the zone. Execution of the bond by an operator does not lessen the liability of the grantee to comply with the Act and implementing regulations.</P> <CITA>[T.D. 86-16, 51 FR 5049, Feb. 11, 1986, as amended by T.D. 93-18, 58 FR 15773, Mar. 24, 1993; T.D. 95-99, 60 FR 62733, Dec. 7, 1995; T.D. 99-27, 64 FR 13676, Mar. 22, 1999; T.D. 01-14, 66 FR 8767, Feb. 2, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 146.7</SECTNO> <SUBJECT>Zone changes.</SUBJECT> <P>(a) <E T="03">Alteration of an activated area.</E> An operator shall make written application to the port director for approval of an alteration of an activated area, including an alteration resulting from a zone boundary modification. The application must be accompanied by the supporting document requirements specified in § 146.6, as applicable. The port director may review the security, suitability, and fitness of the area, and shall reply to the applicant as provided for in § 146.6.</P> <P>(b) <E T="03">Deactivation or reactivation.</E> A grantee, or an operator with the concurrence of a grantee, shall make written application to the port director for deactivation of a zone site, indicating by layout or blueprint the exact site to be deactivated. The port director shall not approve the application unless all merchandise in the site in zone status (other than domestic status) has been removed at the risk and expense of the operator. The port director may require an accounting of all merchandise in a zone as a condition of approving the deactivation. A zone may be reactivated using the above procedure if a sufficient bond is on file under § 146.6(d).</P> <P>(c) <E T="03">Suspension of activated site.</E> When approval of an activated status has been suspended through the procedure in subpart G, the port director may require all goods in that area in zone status (other than domestic status) to be transferred to another zone, a bonded warehouse, or other location where they may lawfully be stored, if the port director considers that transfer advisable to protect the revenue or administer any Federal law or regulation.</P> <P>(d) <E T="03">New bond.</E> The port director may require an operator to furnish, on 10 days notice, a new Foreign Trade Zone Operator's Bond on Customs Form 301. If the operator fails to furnish the new bond, no more merchandise will be received in the zone in zone status. Merchandise in zone status (other than domestic status) will be removed at the risk and expense of the operator. A new bond may be required if (1) the activated zone area is substantially altered; (2) the character of merchandise admitted to the zone or operations performed in the zone are substantially changed; (3) the existing bond lacks good and sufficient surety; or (4) for any other reason that substantially affects the liability of the operator under the bond. Although a new bond may not be required, the operator shall obtain the consent of the surety to any material alteration in the boundaries of the zone.</P> <P>(e) <E T="03">New operator.</E> A grantee of an activated zone site shall make written application to the port director for approval of a new operator, submitting with the application a certification by the new operator that the inventory control and recordkeeping system meets the requirements of subpart B, and a copy of the system procedures manual if different from the previous operator's manual. The port director may order an inquiry into the qualifications, character, and experience of the operator and its principal officers.</P> <P>(f) The bond in § 146.6 shall be submitted by the operator before the operating agreement may become effective in respect to merchandise in zone status. The port director shall promptly notify the grantee, in writing, of the approval or disapproval of the application.</P> <P>(g) <E T="03">List of officers, employees, and other persons.</E> The port director may make a written demand upon the operator to submit, within 30 days after the date of the demand, a written list of the names, addresses, social security numbers, and dates and places of birth of officers and persons having a direct or indirect financial interest in the operator, and of persons employed in the carriage, receipt or delivery of merchandise in zone status, whether employed by the zone operator or a zone <PRTPAGE P="103"/>user. If a list was previously furnished, the port director may make a written demand for the same information in respect to new persons employed in the carriage, receipt, or delivery of zone status merchandise within 10 days after such employment. The list need not include employees of common or contract carriers transporting goods to or from the zone.</P> <CITA>[T.D. 86-16, 51 FR 5049, Feb. 11, 1986, as amended by T.D. 95-99, 60 FR 62733, Dec. 7, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 146.8</SECTNO> <SUBJECT>Seals, authority of operator to break and affix.</SUBJECT> <P>The port director may authorize an operator to break a Customs in-bond seal affixed under § 18.4 of this chapter, or under any Customs order or directive, on any vehicle or intermodal container containing merchandise approved for admission to the zone upon its arrival at the zone; or to affix a Customs in-bond seal to any vehicle or intermodal container of merchandise for which an entry, withdrawal, or other approval document has been obtained for movement in-bond from the zone. The authorized affixing or breaking of that seal will be considered to have been done under Customs supervision. The operator shall report to the port director, upon arrival of the vehicle or container at the zone, any seal found to be broken, missing, or improperly affixed, and hold the vehicle or container and its contents intact pending instructions from the port director. If the operator does not obtain the written concurrence of the carrier as to the condition of the seal or delivering conveyance, the port director shall deem the seal or delivering conveyance to be intact.</P> <CITA>[T.D. 86-16, 51 FR 5049, Feb. 11, 1986; 51 FR 11012, Apr. 1, 1986]</CITA> </SECTION> <SECTION> <SECTNO>§ 146.9</SECTNO> <SUBJECT>Permission of operator.</SUBJECT> <P>An application for permission to admit merchandise into a zone, or to manipulate, manufacture, exhibit, or destroy merchandise in a zone must include the written concurrence of the operator, except where the regulations of this part provide for the making of application by the operator itself or where the operator files a separate specific or blanket application. The written concurrence of the operator in the removal of merchandise from a zone is not required because the merchandise is released by the port director to the operator for delivery from the zone, as provided in § 146.71 (a).</P> </SECTION> <SECTION> <SECTNO>§ 146.10</SECTNO> <SUBJECT>Authority to examine merchandise.</SUBJECT> <P>The port director may cause any merchandise to be examined before or at the time of admission to a zone, or at any time thereafter, if the examination is considered necessary to facilitate the proper administration of any law, regulation, or instruction which Customs is authorized to enforce.</P> </SECTION> <SECTION> <SECTNO>§ 146.11</SECTNO> <SUBJECT>Transportation of merchandise to a zone.</SUBJECT> <P>(a) <E T="03">From outside Customs territory.</E> Merchandise may be admitted directly to a zone from any place outside Customs territory.</P> <P>(b) <E T="03">Through Customs territory, foreign merchandise.</E> Foreign merchandise destined to a zone and transported in-bond through Customs territory will be subject to the laws and regulations applicable to other merchandise transported in-bond between two places in Customs territory.</P> <P>(c) <E T="03">From Customs territory, domestic merchandise.</E> Domestic merchandise may be admitted to a zone from Customs territory by any means of transportation which will not interfere with the orderly conduct of business in the zone.</P> <P>(d) <E T="03">From a bonded warehouse.</E> Merchandise may be withdrawn from a bonded warehouse under the procedures in § 144.37(g) of this chapter and transferred to a zone for admission in zone-restricted status.</P> </SECTION> <SECTION> <SECTNO>§ 146.12</SECTNO> <SUBJECT>Use of zone by carrier.</SUBJECT> <P>(a) <E T="03">Primary use; lading and unlading.</E> The water area docking facilities, and any lading and unlading stations of a zone are intended primarily for the unlading of merchandise into the zone or the lading of merchandise for removal from the zone. Their use for other purposes may be terminated by Customs if found to endanger the revenue, or by the Board if found to impede the primary use of the zone.<PRTPAGE P="104"/> </P> <P>(b) <E T="03">Carrier in zone not exempt from law or regulations.</E> Nothing in the Act or the regulations in this part shall be construed as excepting any carrier entering, remaining in, or leaving a zone from the application of any other law or regulation.</P> </SECTION> <SECTION> <SECTNO>§ 146.13</SECTNO> <SUBJECT>Customs forms and procedures.</SUBJECT> <P>Where a Customs form or other document is required in this part, the number of copies of the form or document required to be presented and their manner of distribution and processing shall be determined by the port director, except as otherwise specified in this part.</P> </SECTION> <SECTION> <SECTNO>§ 146.14</SECTNO> <SUBJECT>Retail trade within a zone.</SUBJECT> <P>Retail trade is prohibited within a zone except as provided in 19 U.S.C. 81o(d). See also the regulations of the Board as contained in 15 CFR part 400.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Inventory Control and Recordkeeping System</HD> <SECTION> <SECTNO>§ 146.21</SECTNO> <SUBJECT>General requirements.</SUBJECT> <P>(a) <E T="03">Systems capability.</E> The operator shall maintain either manual or automated inventory control and recordkeeping systems or combination manual and automated systems capable of:</P> <P>(1) Accounting for all merchandise, including domestic status merchandise, temporarily deposited, admitted, granted a zone status and/or status change, stored, exhibited, manipulated, manufactured, destroyed, transferred, and/or removed from a zone;</P> <P>(2) Producing accurate and timely reports and documents as required by this part;</P> <P>(3) Identifying shortages and overages of merchandise in a zone in sufficient detail to determine the quantity, description, tariff classification, zone status, and value of the missing or excess merchandise;</P> <P>(4) Providing all the information necessary to make entry for merchandise being transferred to the Customs territory;</P> <P>(5) Providing an audit trail to Customs forms from admission through manipulation, manufacture, destruction or transfer of merchandise from a zone either by zone lot or Customs authorized inventory method.</P> <P>(b) <E T="03">Procedures manual.</E> (1) The operator shall provide the port director with an English language copy of its written inventory control and recordkeeping systems procedures manual in accordance with the requirements of this part.</P> <P>(2) The operator shall keep current its procedures manual and shall submit to the port director any change at the time of its implementation.</P> <P>(3) The operator may authorize a zone user to maintain its individual inventory control and recordkeeping system and procedures manual. The operator shall furnish a copy of the zone user's procedures manual, including any subsequent changes, to the port director. However, the operator will remain responsible to Customs and liable under its bond for supervision, defects in, or failures of a system.</P> <P>(4) The operator's procedures manual and subsequent changes will be furnished to the port director for information purposes only. Customs receipt of a manual does not indicate approval or rejection of a system.</P> <P>(c) <E T="03">Liability of operator.</E> Upon zone activation approval the operator remains liable for complying with all inventory control and recordkeeping system requirements set forth in this part.</P> </SECTION> <SECTION> <SECTNO>§ 146.22</SECTNO> <SUBJECT>Admission of merchandise to a zone.</SUBJECT> <P>(a) <E T="03">Identification.</E> All merchandise will be recorded in a receiving report or document using a zone lot number or unique identifier. All merchandise, except domestic status merchandise for which no permit for admission is required under § 146.43, will be traceable to a Customs Form 214 and accompanying documentation.</P> <P>(b) <E T="03">Reconciliation.</E> Quantities received will be reconciled to a receiving report or document such as an invoice with any discrepancy reported to the port director as provided in § 146.37.</P> <P>(c) <E T="03">Incomplete documentation.</E> Merchandise received without complete Customs documentation or which is unacceptable to the inventory control and recordkeeping system will be recorded in a suspense account or record until documentation is complete or the <PRTPAGE P="105"/>system is capable of accepting the information, at which time it will be formally admitted to the zone under § 146.32 or 146.40. The receiving report or document will provide sufficient information to identify the merchandise and distinguish it from other merchandise. The suspense account or record will be completely documented for Customs review to explain the differences noted and corrections made.</P> <P>(d) <E T="03">Recordation.</E> Merchandise received will be accurately recorded in the inventory system records from the receiving report or document using the zone lot number or unique identifier for traceability. The inventory record will state the quantity and date admitted, cost or value where applicable, zone status, and description of the merchandise, including any part or stock number.</P> <P>(e) <E T="03">Harbor maintenance fee.</E> When imported cargo is unloaded from a commercial vessel at a U.S. port and admitted into a foreign trade zone, the applicant for admission of that cargo into the zone may be subject to the harbor maintenance fee as set forth in § 24.24 of this chapter.</P> <CITA>[T.D. 86-16, 51 FR 5049, Feb. 11, 1986, as amended by T.D. 87-44, 52 FR 10211, Mar. 30, 1987; 52 FR 10970, Apr. 6, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 146.23</SECTNO> <SUBJECT>Accountability for merchandise in a zone.</SUBJECT> <P>(a) <E T="03">Identification of merchandise</E>—(1) <E T="03">General.</E> A zone lot number or unique identifier will be used to identify and trace merchandise.</P> <P>(2) <E T="03">Fungible merchandise.</E> Fungible merchandise may be identified by an inventory method authorized by Customs, which is consistently applied, such as First-In-First-Out (FIFO) and using a unique identifier.</P> <P>(b) <E T="03">Inventory records.</E> The inventory records will specify by zone lot number or unique identifier:</P> <P>(1) Location of merchandise;</P> <P>(2) Zone status;</P> <P>(3) Cost or value, unless operator's or user's financial records maintain cost or value and the records are made available for Customs review;</P> <P>(4) Beginning balance, cumulative receipts and removals, adjustments, and current balance on hand by date and quantity;</P> <P>(5) Destruction of merchandise; and</P> <P>(6) Scrap, waste, and by-products.</P> <P>(c) <E T="03">Physical inventory.</E> The operator shall take at least an annual physical inventory of all merchandise in the zone (unless continuous cycle counts are taken as part of an ongoing inventory control program) with prior notification of the date(s) given to Customs for any supervision of the inventory deemed necessary. The operator shall notify the port director of any discrepancies in accordance with § 146.53.</P> </SECTION> <SECTION> <SECTNO>§ 146.24</SECTNO> <SUBJECT>Transfer of merchandise from a zone.</SUBJECT> <P>(a) <E T="03">Accountability.</E> (1) All zone status merchandise transferred from a zone will be accurately recorded within the inventory control and recordkeeping system.</P> <P>(2) The inventory control and recordkeeping system for merchandise transfers must have the capability to trace all transfers back to a zone admission under a Customs authorized inventory method.</P> <P>(b) <E T="03">Information.</E> The inventory control and recordkeeping system must be capable of providing all information necessary to make entry for transfer of merchandise from the zone.</P> </SECTION> <SECTION> <SECTNO>§ 146.25</SECTNO> <SUBJECT>Annual reconciliation.</SUBJECT> <P>(a) <E T="03">Report.</E> The operator shall prepare a reconciliation report within 90 days after the end of the zone/subzone year unless the port director authorizes an extension for reasonable cause. The operator shall retain that annual reconciliation report for a spot check or audit by Customs, and need not furnish it to Customs unless requested. There is no form specified for the preparation of the report.</P> <P>(b) <E T="03">Information required.</E> The report must contain a description of merchandise for each zone lot or unique identifer, zone status, quantity on hand at the beginning of the year, cumulative receipts and transfers (by unit), quantity on hand at the end of the year, and cumulative positive and negative adjustments (by unit) made during the year.</P> <P>(c) <E T="03">Certification.</E> The operator shall submit to the port director within 10 working days after the annual reconciliation report, a letter signed by <PRTPAGE P="106"/>the operator certifying that the annual reconciliation has been prepared, is available for Customs review, and is accurate. The certification letter must contain the name and street address of the operator, where the required records are available for Customs review; and the name, title, and telephone number of the person having custody of the records. Reporting of shortages and overages based on the annual reconciliation will be made in accordance with § 146.53. These reports must accompany the certification letter.</P> </SECTION> <SECTION> <SECTNO>§ 146.26</SECTNO> <SUBJECT>System review.</SUBJECT> <P>The operator shall perform an annual internal review of the inventory control and recordkeeping system and shall report to the port director any deficiency discovered and corrective action taken, to ensure that the system meets the requirements of this part.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Admission of Merchandise to a Zone</HD> <SECTION> <SECTNO>§ 146.31</SECTNO> <SUBJECT>Admissibility of merchandise into a zone.</SUBJECT> <P>Merchandise of every description may be admitted into a zone unless prohibited by law. A distinction is made between prohibited and conditionally admissible merchandise.</P> <P>(a) <E T="03">Prohibited merchandise.</E> Port directors shall not admit prohibited merchandise. If there is a question as to whether the merchandise may be prohibited, port directors may permit the temporary deposit of the merchandise in a zone pending a final determination of its status. Any prohibited merchandise which is found within a zone will be disposed of in the manner provided for in the laws and regulations applicable to that merchandise.</P> <P>(b) <E T="03">Conditionally admissible merchandise.</E> The admission of this merchandise into a zone is subject to the regulations of the Federal agency concerned.</P> </SECTION> <SECTION> <SECTNO>§ 146.32</SECTNO> <SUBJECT>Application and permit for admission of merchandise.</SUBJECT> <P>(a)(1) <E T="03">Application on CBP Form 214 and permit.</E> Merchandise may be admitted into a zone only upon application on a uniquely and sequentially numbered CBP Form 214 (“Application for Foreign Trade Zone Admission and/or Status Designation”) and the issuance of a permit by the port director. Exceptions to the CBP Form 214 requirement are for merchandise temporarily deposited (§ 146.33), transiting merchandise (§ 146.34), or domestic merchandise admitted without permit (§ 146.43). The applicant for admission shall present the application to the port director and shall include a statistical copy on CBP Form 214-A for transmittal to the Bureau of Census, unless the applicant has made arrangements for the direct transmittal of statistical information to that agency.</P> <P>(2) <E T="03">CBP Form 214 and Importer Security Filing submitted via a single electronic transmission</E>. If an Importer Security Filing is filed pursuant to part 149 of this chapter via the same electronic transmission as CBP Form 214, the filer is only required to provide the following fields once to be used for Importer Security Filing and CBP Form 214 purposes:</P> <P>(i) Country of origin; and</P> <P>(ii) Commodity HTSUS number if this number is provided at the 10-digit level.</P> <P>(b) <E T="03">Supporting documents</E>—(1) <E T="03">Commercial documentation.</E> The applicant shall submit with the application two copies of an examination invoice meeting the requirements of subpart F, part 141, of this chapter, for any merchandise, other than that excepted in paragraph (a) of this section, to be admitted to a zone. The notation of tariff classification and value required by § 141.90 of this chapter need not be made, unless the merchandise is to be admitted in privileged status.</P> <P>(2) <E T="03">Evidence of right to make entry.</E> The applicant for admission shall submit with the application a document similar to that which would be required as evidence of the right to make entry for merchandise in Customs territory under § 141.11 or § 141.12 of this chapter.</P> <P>(3) <E T="03">Release order.</E> Merchandise will not be authorized for delivery by Customs to a zone until a release order has been executed by the carrier which brought the merchandise to the port, unless the merchandise is released back to that same carrier for delivery to the zone <PRTPAGE P="107"/>(see § 141.11 of this chapter). When a release order is required, it will be made on any of the forms specified in § 141.111 of this chapter, or by the following statement attached to CBP Form 214: </P> <EXTRACT> <P>Authority is hereby given to release the merchandise described in this</P> <FP SOURCE="FP-DASH">application to</FP> <FP SOURCE="FP-DASH"/> <FP SOURCE="FP-DASH">Name of Carrier</FP> <FP SOURCE="FP-DASH"/> <FP>Signature and title of carrier</FP> <FP SOURCE="FP-DASH">representative</FP> <FP SOURCE="FP-DASH"/> <P>A blanket or qualified release order may be authorized for the transfer of merchandise to a zone as provided for in § 141.111 of this chapter.</P> </EXTRACT> <P>(4) <E T="03">Application to unlade.</E> For merchandise unladen in the zone directly from the importing carrier, the application on CBP Form 214 will be supported by an application to unlade on Customs Form 3171.</P> <P>(5) <E T="03">Other documentation.</E> The port director may require additional information or documentation as needed to conduct an examination of merchandise under Customs selective entry processing criteria, or to determine whether the merchandise is admissible to the zone.</P> <P>(c) <E T="03">Conditions for issuance of a permit.</E> The port director will issue a permit for admission of merchandise to a zone when:</P> <P>(1) The application is properly executed and includes the zone status desired for the merchandise, as provided in subpart D of this part;</P> <P>(2) The operator's approval appears either on the application or in a separate specific or blanket approval;</P> <P>(3) The merchandise is retained for examination at the place of unlading, the zone, or other location designated by the port director, except for merchandise for direct delivery to a zone under §§ 146.39 and 146.40. The merchandise may be examined as if it were to be entered for consumption or warehouse; and</P> <P>(4) All requirements have been fulfilled.</P> <P>(d) <E T="03">Blanket application for admission of merchandise.</E> Merchandise may be admitted to a zone under blanket application upon presentation of a CBP Form 214 covering more than one shipment of merchandise. A blanket application for admission is for:</P> <P>(1) Shipments which arrive under one transportation entry as described in § 141.55 of this chapter, or</P> <P>(2) Shipments which are destined to the same zone applicant on a single business day, in which case the applicant shall:</P> <P>(i) Present the examination invoices required by paragraph (b) of this section to the port director before the merchadise is admitted into the zone,</P> <P>(ii) Have been approved for the direct transmittal of statistical trade information to the Bureau of Census under an agreement with that agency; and</P> <P>(iii) Have examination invoices containing a unique identifier to trace the shipment to the manifest of the carrier that brought the merchandise to the port having jurisdiction over the zone, as well as to the inventory control and recordkeeping system of the operator as described in subpart B.</P> <CITA>[T.D. 86-16, 51 FR 5049, Feb. 11, 1986, as amended by CBP Dec. 08-46, 73 FR 71782, Nov. 25, 2008]</CITA> </SECTION> <SECTION> <SECTNO>§ 146.33</SECTNO> <SUBJECT>Temporary deposit for manipulation.</SUBJECT> <P>Imported merchandise for which an entry has been made and which has remained in continuous Customs custody may be brought temporarily to a zone for manipulation and return to Customs territory under Customs supervision, pursuant to section 562, Tariff Act of 1930, as amended (19 U.S.C. 1562), and § 19.11 of this chapter. That merchandise will not be considered within the purview of the Act but will be treated as though remaining in Customs territory. No zone form or procedure will be considered applicable, but the merchandise will remain subject to any requirements necessary for the enforcement of section 562 and other Customs laws while in the zone.</P> </SECTION> <SECTION> <SECTNO>§ 146.34</SECTNO> <SUBJECT>Merchandise transiting a zone.</SUBJECT> <P>The following procedure is applicable when merchandise is to be unladen from any carrier in the zone for immediate transfer to Customs territory, or if it is to be transferred from Customs territory through the zone for immediate lading on any carrier in the zone:<PRTPAGE P="108"/> </P> <P>(a) <E T="03">Application.</E> Application for permission to lade or unlade will be filed with the port director on Customs Form 3171 prior to transfer of the merchandise into the zone.</P> <P>(b) <E T="03">Permit.</E> The port director shall permit the transfer unless he has reason to believe that the merchandise will not be moved promptly from the zone or will be made the subject of an application for admission in accordance with § 146.32(a).</P> <P>(c) <E T="03">Treatment of merchandise.</E> Upon the issuance of a permit to lade, or unlade, the merchandise will be treated as though the lading or unlading were in the Customs territory.</P> <P>(d) <E T="03">Delay in zone transit.</E> Merchandise delayed while transiting a zone must be made the subject of an application for admission in accordance with § 146.32, or it must be removed from the zone.</P> </SECTION> <SECTION> <SECTNO>§ 146.35</SECTNO> <SUBJECT>Temporary deposit in a zone; incomplete documentation.</SUBJECT> <P>(a) <E T="03">General.</E> Temporary deposit of merchandise in a zone is allowed in circumstances where the information or documentation necessary to complete the Customs Form 214 is not available at the time of arrival of merchandise within the jurisdiction of the port. The merchandise will be subject to examination as provided in § 146.36.</P> <P>(b) <E T="03">Application.</E> An application for temporary deposit will be made to the port director on a properly signed and uniquely numbered Customs Form 214, annotated clearly “Temporary Deposit in a Zone”.</P> <P>(c) <E T="03">Conditions.</E> Merchandise temporarily deposited under the provisions of this section has no zone status and is considered to be in the Customs territory. It will:</P> <P>(1) Be physically segregated from all other zone merchandise;</P> <P>(2) Be held under the bond and at the risk of the operator; and</P> <P>(3) Be manipulated only to the extent necessary to obtain sufficient information about the merchandise to file the appropriate admission or entry documentation.</P> <P>(d) <E T="03">Approval.</E> The port director shall approve the application for temporary deposit of merchandise in a zone if the provisions of paragraphs (b) and (c) of this section are met.</P> <P>(e) <E T="03">Submission of CBP Form 214.</E> A complete and accurate CBP Form 214 must be submitted, as provided in § 146.32, within 15 calendar days with no exceptions granted by the port director, or the merchandise will be placed in general order.</P> <CITA>[T.D. 86-16, 51 FR 5049, Feb. 11, 1986, as amended by CBP Dec. 10-29, 75 FR 52452, Aug. 26, 2010]</CITA> </SECTION> <SECTION> <SECTNO>§ 146.36</SECTNO> <SUBJECT>Examination of merchandise.</SUBJECT> <P>Except for direct delivery procedures provided for in § 146.39, all merchandise covered by a Customs Form 214 may be retained for Customs examination at the place of unlading, the zone, or another location, as designated by the port director. The port director may authorize release of the merchandise without examination, as provided in § 151.2 of this chapter. If a physical examination is conducted, the Customs officer shall note the results of the examination on the examination invoices.</P> </SECTION> <SECTION> <SECTNO>§ 146.37</SECTNO> <SUBJECT>Operator admission responsibilities.</SUBJECT> <P>(a) <E T="03">Maintenance of admission documentation.</E> The operator shall maintain either:</P> <P>(1) <E T="03">Lot file.</E> The operator shall open and maintain a lot file containing a copy of the Customs Form 214, the examination invoice, and all other documentation necessary to account for the merchandise covered by each Customs Form 214. The lot file will be maintained in sequential order by using the unique number assigned to each Customs Form 214 as the file reference number; or</P> <P>(2) <E T="03">Authorized inventory method.</E> Where a Customs authorized inventory method other than a lot system (specific identification of merchandise) is used, e.g., First-In-First-Out (FIFO), no lot file is required but the operator shall maintain a file of all Customs Form's 214 in sequential order.</P> <P>(b) <E T="03">Examination invoice.</E> The operator shall give a copy of the examination invoice to the person making entry to transfer the merchandise from the zone upon request of that person or the port director.<PRTPAGE P="109"/> </P> <P>(c) <E T="03">Liability for merchandise.</E> The operator will be held liable under its bond for the receipt of merchandise admitted in the quantity and condition as described on the Customs Form 214, except as modified by a discrepancy report:</P> <P>(1) Signed jointly by the operator and carrier on the Customs Form 214 or other approved form within 15 days after admission of the merchandise, and reported to the port director within 2 working days thereafter; or</P> <P>(2) Submitted on Customs Form 5931 under the provisions of subpart A, part 158, of this chapter within 20 days after admission of the merchandise. The operator may file a Customs Form 5931 on behalf of the person who applied for admission of merchandise to the zone.</P> <P>(d) <E T="03">Supervision of merchandise.</E> The port director may authorize the receipt of zone status merchandise at a zone without physical supervision by a Customs officer (see § 146.3). In that case, the operator shall supervise the receipt of merchandise into the zone, report the receipt and condition of the merchandise, and mark packages with the unique Customs Form 214 number so that the merchandise can be traced to a particular Customs Form 214. Packages that are accounted for under a Customs-authorized inventory method other than specific identification, need not be marked with a unique Customs Form 214 number but must be adequately identified so Customs can conduct an inventory count. The operator shall submit the Custom Form 214 to Customs at the location specified by the port director.</P> </SECTION> <SECTION> <SECTNO>§ 146.38</SECTNO> <SUBJECT>Certificate of arrival of merchandise.</SUBJECT> <P>Whenever a certificate prepared by Customs as to the arrival of any merchandise in a zone is required by a Federal agency, the port director shall issue the document certifying only that authorization to deliver the merchandise to a zone has been made. The operator shall issue a certificate of arrival of merchandise at a zone.</P> </SECTION> <SECTION> <SECTNO>§ 146.39</SECTNO> <SUBJECT>Direct delivery procedures.</SUBJECT> <P>(a) <E T="03">General.</E> This procedure is for delivery of merchandise to a zone without prior application and approval on Customs Form 214.</P> <P>(b) <E T="03">Application.</E> An operator, meeting the criteria of paragraph (c) of this section, shall file a written application with the port director at least 30 days before the special procedure is to become effective. The application will describe the merchandise to be handled or processed, and the kind of operation which it will undergo in the zone.</P> <P>(c) <E T="03">Criteria.</E> The port director shall approve the application if the following criteria are met:</P> <P>(1) The merchandise is not restricted or of a type which requires Customs examination or documentation review before or upon its arrival at the zone;</P> <P>(2) The merchandise to be admitted to the zone, and the operations to be conducted therein, are known well in advance, are predictable and stable over the long term, and are relatively fixed in variety by the nature of the business conducted at the site; and</P> <P>(3) The operator is the owner or purchaser of the goods.</P> <P>(d) <E T="03">Application decision.</E> The port director shall promptly notify the operator, in writing, of Customs decision on the application. If the application is denied, the port director shall specify the reason for denial in his reply. The port director's decision will constitute the final Customs administrative determination concerning the application.</P> <P>(e) <E T="03">Revocation of approval.</E> The port director may revoke the approval given under this section if it becomes necessary for Customs routinely to examine the merchandise or documentation before or upon admission to the zone.</P> </SECTION> <SECTION> <SECTNO>§ 146.40</SECTNO> <SUBJECT>Operator responsibilities for direct delivery.</SUBJECT> <P>(a) <E T="03">Arrival of conveyance.</E> Upon arrival at a subzone or zone site of a conveyance containing foreign merchandise, the operator shall:</P> <P>(1) Collect in-bond or cartage documentation from the carrier;</P> <P>(2) Check the condition of any seal affixed to the conveyance, and if broken, missing or improperly affixed, notify the port director and receive instructions before unloading the merchandise;<PRTPAGE P="110"/> </P> <P>(3) Check each incoming in-bond and cartage shipment to determine if the manifested quantity or the quantity on the cartage document agrees with the quantity actually received;</P> <P>(4) Sign and date the in-bond or cartage documentation to accept responsibility for the merchandise under the Foreign Trade Zone Operator's Bond and to relieve the carrier of responsibility.</P> <P>(5) Forward the in-bond or cartage documentation so as to reach the port director within 2 working days after the date of arrival of the conveyance at the subzone or zone site;</P> <P>(6) Maintain a file of open in-bond manifests in chronological order of date of conveyance arrival to identify shipments that have arrived but the entire contents of which have not been admitted to the subzone or zone site; and</P> <P>(7) Notify the port director, by annotation on the Customs Form 214, when the entire contents of a shipment have been admitted.</P> <P>(b) <E T="03">Transportation by operator.</E> If merchandise is transported to a subzone or zone site by the foreign trade zone operator from a location in the district (see definition of “district” at § 112.1) in which the subzone or zone site is situated, the merchandise is deemed admitted at the time the foreign trade zone operator picks it up. At the time of pick-up, the operator is responsible for:</P> <P>(1) Receipting for the merchandise and recording on the appropriate document any discrepancies regarding quantity, condition or the status of the seals;</P> <P>(2) Transporting the merchandise to the zone or subzone; and</P> <P>(3) Ensuring that the zone records reflect that the merchandise is received in the zone.</P> <P>(c) <E T="03">Admission of merchandise: alternative procedures</E>—(1) <E T="03">Cumulative Customs Form 214.</E> If the operator has an agreement with the Bureau of Census for direct transmittal of statistical information, he shall submit to the port director each business day a properly signed and uniquely numbered Customs Form 214 listing all merchandise except for domestic status merchandise admitted under § 146.43 recorded into the inventory control and recordkeeping system during the previous business day. The Customs Form 214 must contain a list of all in-bond (I.T.) numbers or the unique number of any cartage document, as well as the number of invoices for each I.T. or cartage document, pertaining to merchandise which has been entered into the system.</P> <P>(2) <E T="03">Individual Customs Form 214.</E> If a cumulative Customs Form 214 is not submitted as provided in paragraph (b)(1) of this section, the operator shall file with the port director each business day an individual Customs Form 214 and 214-A covering each shipment recorded into the inventory control and recordkeeping system during the previous business day. The forms shall be submitted within 10 days after the end of the month in which the merchandise was received in the zone, and no extension beyond that time will be approved by the port director.</P> <P>(3) <E T="03">General order.</E> Merchandise not admitted into a subzone or zone site as provided in this section within 15 calendar days after its arrival there shall be disposed of in accordance with the applicable procedures in § 4.37 or § 122.50 or § 123.10 of this chapter.</P> <P>(4) <E T="03">Inventory control and recordkeeping system.</E> The operator shall establish and maintain a continuing input quality control program to ensure that information concerning merchandise in admission documents, verified or corrected by counts and checks, is accurately recorded in the inventory control and recordkeeping system. Quantities recorded in the system, after allowance by the port director for any discrepancies, will be the quantities of merchandise for which the operator shall be held liable under its bond for admission to the subzone or zone site. A discrepancy involving a within-case shortage (or overage) need not be reported on Customs Form 5931, if the operator is able to report that information in another manner so that the port director can determine whether there is liability for the discrepancy <PRTPAGE P="111"/>under the bond of any party to the importation.</P> <CITA>[T.D. 86-16, 51 FR 5049, Feb. 11, 1986, as amended by T.D. 94-81, 59 FR 51497, Oct. 12, 1994; T.D. 95-77, 60 FR 50020, Sept. 27, 1995; T.D. 98-74, 64 FR 6801, Feb. 11, 1999]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Status of Merchandise in a Zone</HD> <SECTION> <SECTNO>§ 146.41</SECTNO> <SUBJECT>Privileged foreign status.</SUBJECT> <P>(a) <E T="03">General.</E> Foreign merchandise which has not been manipulated or manufactured so as to effect a change in tariff classification will be given status as privileged foreign merchandise on proper application to the port director.</P> <P>(b) <E T="03">Application.</E> Each application for this status will be made on Customs Form 214 at the time of filing the application for admission of the merchandise into a zone or at any time thereafter before the merchandise has been manipulated or manufactured in the zone in a manner which has effected a change in tariff classification.</P> <P>(c) <E T="03">Supporting documentation.</E> Each applicant for this status shall submit to the port director, with the application, an invoice notated as provided for in § 141.90 of this chapter.</P> <P>(d) <E T="03">Determination of duties and taxes.</E> Upon receipt of the application and accompanying invoice, the port director may examine the merchandise to determine whether to approve the application. The merchandise will be subject to classification and valuation as provided in § 146.65.</P> <P>(e) <E T="03">Status as privileged foreign merchandise binding.</E> A status as privileged foreign merchandise cannot be abandoned and remains applicable to the merchandise even if changed in form by manipulation or manufacture, except in the case of recoverable waste (see § 146.42(b)), as long as the merchandise remains within the purview of the Act. However, privileged foreign merchandise may be exported or withdrawn for supplies, equipment, or repair material of vessels or aircraft without the payment of taxes and duties, in accordance with §§ 146.67 and 146.69.</P> </SECTION> <SECTION> <SECTNO>§ 146.42</SECTNO> <SUBJECT>Nonprivileged foreign status.</SUBJECT> <P>All of the following will have the status of nonprivileged foreign merchandise:</P> <P>(a) <E T="03">Foreign merchandise.</E> Foreign merchandise properly in a zone which does not have the status of privileged foreign merchandise or of zone-restricted merchandise;</P> <P>(b) <E T="03">Waste.</E> Waste recovered from any manipulation or manufacture of privileged foreign merchandise in a zone; and</P> <P>(c) <E T="03">Certain domestic merchandise.</E> Domestic merchandise in a zone, which by reason of noncompliance with the regulations in this part has lost its identity as domestic merchandise, will be treated as foreign merchandise. Any domestic merchandise will be considered to have lost its identity if the port director determines that it cannot be identified positively by a Customs officer as domestic merchandise on the basis of an examination of the articles or consideration of any proof that may be submitted promptly by a party-in-interest.</P> </SECTION> <SECTION> <SECTNO>§ 146.43</SECTNO> <SUBJECT>Domestic status.</SUBJECT> <P>(a) <E T="03">General.</E> Domestic status may be granted to merchandise:</P> <P>(1) The growth, product, or manufacture of the U.S. on which all internal-revenue taxes, if applicable, have been paid;</P> <P>(2) Previously imported and on which duty and tax has been paid; or</P> <P>(3) Previously entered free of duty and tax.</P> <P>(b) <E T="03">Application.</E> No application or permit is required for the admission of domestic status merchandise, including domestic packing and repair material, to a zone, except upon order of the Commissioner of Customs. No application or permit is required for the manipulation, manufacture, exhibition, destruction, or transfer to Customs territory of domestic status merchandise, including packing and repair materials, except: (1) When it is mixed or combined with merchandise in another zone status, or (2) upon order of the Commissioner of Customs. When the Commissioner orders a permit to be required for domestic status merchandise, he may also order the procedures, <PRTPAGE P="112"/>forms, and terms under which the permit will be received and processed.</P> <P>(c) <E T="03">Return of merchandise of Customs territory.</E> Upon compliance with the provisions of this section, any of the merchandise specified in paragraph (a) of this section, may subsequently be returned to Customs territory free of quotas, duty, or tax.</P> </SECTION> <SECTION> <SECTNO>§ 146.44</SECTNO> <SUBJECT>Zone-restricted status.</SUBJECT> <P>(a) <E T="03">General.</E> Merchandise taken into a zone for the sole purpose of exportation, destruction (except destruction of distilled spirits, wines, and fermented malt liquors), or storage will be given zone-restricted status on proper application. That status may be requested at any time the merchandise is located in a zone, but cannot be abandoned once granted. Merchandise in zone-restricted status may not be removed to Customs territory for domestic consumption except where the Board determines the return to be in the public interest.</P> <P>(b) <E T="03">Application.</E> Application for zone-restricted status will be made on Customs Form 214.</P> <P>(c) <E T="03">Merchandise considered exported</E>—(1) <E T="03">For Customs purposes.</E> If the applicant desires a zone-restricted status in order that the merchandise may be considered exported for the purpose of any Customs law, all pertinent Customs requirements relating to an actual exportation shall be complied with as though the admission of the merchandise into zone constituted a lading on an exporting carrier at a port of final exit from the U.S. Any declaration or form required for actual exportation will be modified to show the merchandise has been deposited in a zone in lieu of actual exportation, and a copy of the approved Customs Form 214 may be accepted in lieu of any proof of shipment required in cases of actual exportation.</P> <P>(2) <E T="03">For other purposes.</E> If the merchandise is to be considered exported for the purpose of any Federal law other than the Customs laws, the port director shall be satisfied that all pertinent laws, regulations, and rules administered by the Federal agency concerned have been complied with before the Customs Form 214 is approved.</P> <P>(d) <E T="03">Merchandise entered for warehousing transferred to a zone.</E> Merchandise entered for warehousing and transferred to a zone, other than temporarily for manipulation and return to Customs territory as provided for in § 146.33, will have the status of zone-restricted merchandise when admitted into the zone. The application on Customs Form 214 will state that zone-restricted status is desired for the merchandise.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Handling of Merchandise in a Zone</HD> <SECTION> <SECTNO>§ 146.51</SECTNO> <SUBJECT>Customs control of merchandise.</SUBJECT> <P>No merchandise, other than domestic status merchandise provided for in § 146.43, will be manipulated, manufactured, exhibited, destroyed, or transferred from a zone in any manner or for any purpose, except under Customs permit as provided for in this part. The port director may require segregation of any zone status merchandise whenever necessary to protect the revenue or properly administer U.S. laws or regulations.</P> </SECTION> <SECTION> <SECTNO>§ 146.52</SECTNO> <SUBJECT>Manipulation, manufacture, exhibition or destruction; Customs Form 216.</SUBJECT> <P>(a) <E T="03">Application.</E> Prior to any action, the operator shall file with the port director an application (or blanket application) on Customs Form 216 for permission to manipulate, manufacture, exhibit, or destroy merchandise in a zone. After Customs approves the application (or blanket application), the operator will retain in his recordkeeping system the approved application.</P> <P>(b) <E T="03">Approval.</E> (1) The port director shall approve the application unless (i) the proposed operation would be in violation of law or regulation; (ii) the place designated for its performance is not suitable for preventing confusion of the identity or status of the merchandise, or for safeguarding the revenue; (iii) the port director is not satisfied that the destruction will be effective; or (iv) the Executive Secretary of the Board has not granted approval of a new manufacturing operation.<PRTPAGE P="113"/> </P> <P>(2) The port director is authorized to approve a blanket application for a period of up to one year for a continuous or repetitive operation. The port director may disapprove or revoke approval of any application, or may require the operator to file an individual application.</P> <P>(c) <E T="03">Appeal of adverse ruling.</E> If an approved application is subsequently rescinded by the port director for any reason, the applicant or grantee may appeal the adverse ruling pursuant to the hearing provisions of § 146.82(b)(2). The rescission shall remain in effect pending the decision on the appeal.</P> <P>(d) <E T="03">Report results</E>—(1) <E T="03">Separate application.</E> The operator shall report on Customs Form 216 the results of an approved manipulation, manufacture, exhibition, or certification of destruction (other than by a blanket application), unless the port director chooses physically to supervise the operation.</P> <P>(2) <E T="03">Blanket application.</E> The operator shall maintain a record of an approved manipulation, manufacture, exhibition, or certification of destruction, in its inventory control and recordkeeping system so as to provide an accounting and audit trail of the merchandise through the approved operation.</P> <P>(e) <E T="03">Destruction.</E> The port director may permit destruction to be done outside the zone, in whole or in part and at the risk and expense of the applicant, and under such conditions as are necessary to protect the revenue, if proper destruction cannot be accomplished within the zone. Any residue from the destruction within a zone, which is determined to be without commercial value, may be removed to Customs territory for disposal.</P> </SECTION> <SECTION> <SECTNO>§ 146.53</SECTNO> <SUBJECT>Shortages and overages.</SUBJECT> <P>(a) <E T="03">Report required.</E> The operator shall report, in writing, to the port director upon identification, as such, of any:</P> <P>(1) Theft or suspected theft of merchandise;</P> <P>(2) Merchandise not properly admitted to the zone; or</P> <P>(3) Shortage of one percent (1%) or more of the quantity of merchandise in a lot or covered by a unique identifier, if the missing merchandise would have been subject to duties and taxes of $100 or more upon entry into the Customs territory. The operator shall record upon identification all shortages and overages, whether or not they are required to be reported to the port director at that time, in its inventory control and recordkeeping system. The operator shall record all shortages and overages as required in the annual reconciliation report under § 146.25.</P> <P>(b) <E T="03">Certain domestic merchandise.</E> Except in a case of theft or suspected theft, the operator need not file a report with the port director, or note in the annual reconciliation report, any shortage or overage concerning domestic status merchandise for which no permit is required.</P> <P>(c) <E T="03">Shortage</E>—(1) <E T="03">Operator responsibility.</E> The operator is responsible under its Foreign Trade Zone Operator's Bond for any loss of merchandise or for any merchandise which cannot be located or otherwise accounted for (except domestic status merchandise for which no permit is required), unless the port director is satisfied that the merchandise was:</P> <P>(i) Never received in the zone;</P> <P>(ii) Removed from the zone under proper permit;</P> <P>(iii) Not removed from the zone; or</P> <P>(iv) Lost or destroyed in the zone through fire or other casualty, evaporation, spillage, leakage, absorption, or similar cause, and did not enter the commerce of the U.S.</P> <P>(2) <E T="03">Liability for duty and taxes.</E> Upon demand of the port director, the operator shall make entry for and pay duties and taxes applicable to merchandise which is missing or otherwise not accounted for.</P> <P>(d) <E T="03">Overage.</E> The person with the right to make entry shall file, within 5 days after identification of an overage, an application for admission of the merchandise to the zone on Customs Form 214 or file a Customs entry for the merchandise. If a Customs Form 214 or a Customs entry is not timely filed, and the port director has not granted an extension of the time provided, the merchandise shall be sent to general order.</P> <P>(e) <E T="03">Damage.</E> The liability of the operator under its Foreign Trade Zone Operator's Bond may be adjusted for the loss of value resulting from damage to <PRTPAGE P="114"/>merchandise occurring in the zone. The operator shall segregate, mark, and otherwise secure damaged merchandise to preserve its identity as damaged merchandise.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Transfer of Merchandise From a Zone</HD> <SECTION> <SECTNO>§ 146.61</SECTNO> <SUBJECT>Constructive transfer to Customs territory.</SUBJECT> <P>The port director shall accept receipt of any entry in proper form provided under this subpart, and the merchandise described therein will be considered to have been constructively transferred to Customs territory at that time, even though the merchandise remains physically in the zone. If the entry is thereafter rejected or cancelled, the merchandise will be considered at that time to be constructively transferred back into the zone in its previous zone status.</P> </SECTION> <SECTION> <SECTNO>§ 146.62</SECTNO> <SUBJECT>Entry.</SUBJECT> <P>(a) <E T="03">General.</E> Entry for foreign merchandise which is to be transferred from a zone, or removed from a zone for exportation or transportation to another port, for consumption or warehouse, will be made on Customs Form 7512, Customs Form 3461, Customs Form 7501, or other applicable Customs forms. If entry is made on Customs Form 3461, the person making entry shall file an entry summary for all the merchandise covered by the Customs Form 3461 within 10 working days after the time of entry.</P> <P>(b) <E T="03">Documentation.</E> (1) Customs Form 7501 or the entry summary will be accompanied by the entry documentation, including invoices as provided in parts 141 and 142 of this chapter. The person with the right to make entry shall submit any other supporting documents required by law or regulations that relate to the transferred merchandise and provide the information necessary to support the admissibility, the declared values, quantity, and classification of the merchandise. If the declared values are predicated on estimates or estimated costs, that information must be clearly stated in writing at the time an entry or entry summary is filed.</P> <P>(2) Customs Form 7512 for merchandise to be transferred to another port or zone or for exportation shall state that the merchandise covered is foreign trade zone merchandise; give the number of the zone from which the merchandise was transferred; state the status of the merchandise; and, if applicable, bear the notation or endorsement provided for in § 146.64(c), § 146.66(b), or § 146.70(c).</P> <P>(c) <E T="03">Waiver of supporting documents.</E> The port director may waive presentation of an invoice and supporting documentation required in paragraph (b) of this section with the entry or entry summary, if satisfied that presentation of those documents would be impractical, and the person making entry or the operator either files invoices and supporting documentation with the port director or maintains and makes those records available for examination by Customs.</P> </SECTION> <SECTION> <SECTNO>§ 146.63</SECTNO> <SUBJECT>Entry for consumption.</SUBJECT> <P>(a) <E T="03">Foreign merchandise.</E> Merchandise in foreign status or composed in part of merchandise in foreign status may be entered for consumption from a zone.</P> <P>(b) <E T="03">Zone-restricted merchandise.</E> Merchandise in a zone-restricted status may be entered for consumption only when the Board has ruled that merchandise can be entered for consumption.</P> <P>(c) <E T="03">Estimated production</E>—(1) <E T="03">Weekly entry.</E> When merchandise is manufactured or otherwise changed in a zone (exclusive of packing) to its physical condition as entered within 24 hours before physical transfer from the zone for consumption, the port director may allow the person making entry to file an entry on Customs Form 3461 for the estimated removals of merchandise during the calendar week. The Customs Form 3461 must be accompanied by a <E T="03">pro forma</E> invoice or schedule showing the number of units of each type of merchandise to be removed during the week and their zone and dutiable values. Merchandise covered by an entry made under the provisions of this section will be considered to be entered and may be removed only when the port director has accepted the entry on Customs Form 3461. If the actual removals will exceed the estimate for the <PRTPAGE P="115"/>week, the person making entry shall file an additional Customs Form 3461 to cover the additional units before their removal from the zone. Notwithstanding that a weekly entry may be allowed, all merchandise will be dutiable as provided in § 146.65. When estimated removals exceed actual removals, that excess merchandise will not be considered to have been entered or constructively transferred to the Customs territory.</P> <P>(2) <E T="03">Individual transfers.</E> After acceptance of the weekly entry, individual transfers of merchandise covered by the entry may be made from the zone.</P> <P>(d) <E T="03">Textiles and textile products.</E> Subject to the existing statutory authority of the Board, textiles and textile products admitted into a zone, regardless of whether the merchandise has privileged or nonprivileged foreign status, which would have been subject to quota or visa or export license requirements in their condition at the time of importation (if entered for consumption rather than admitted to a zone), may not be subsequently transferred into Customs territory for consumption if, during the time the merchandise is in the zone, there has been a change by manipulation, manufacture, or other means:</P> <P>(1) In the country of origin of the merchandise as defined by § 102.21 or § 102.22 of this chapter, as applicable;</P> <P>(2) To exempt from quota or visa or export license requirements other than a change brought about by statute, treaty, executive order or Presidential proclamation; or</P> <P>(3) From one textile category to another textile category.</P> <CITA>[T.D. 86-16, 51 FR 5049, Feb. 11, 1986, as amended by CBP Dec. 05-32, 70 FR 58016, Oct. 5, 2005]</CITA> </SECTION> <SECTION> <SECTNO>§ 146.64</SECTNO> <SUBJECT>Entry for warehouse.</SUBJECT> <P>(a) <E T="03">Foreign merchandise.</E> Merchandise in privileged foreign status or composed in part of merchandise in privileged foreign status may not be entered for warehouse from a zone. Merchandise in nonprivileged foreign status containing no components in privileged foreign status may be entered for warehouse in the same or at a different port.</P> <P>(b) <E T="03">Zone-restricted merchandise.</E> Foreign merchandise in zone-restricted status may be entered for warehouse in the same or at a different port only for storage pending exportation, unless the Board has approved another disposition.</P> <P>(c) <E T="03">Textiles and textile products.</E> Textiles and textile products which have been changed as provided for in § 146.63(d) may be entered for warehouse only if the entry is endorsed by the port director to show that the merchandise may not be withdrawn for consumption.</P> <P>(d) <E T="03">Time limit.</E> Merchandise may neither be placed nor remain in a Customs bonded warehouse after 5 years from the date of importation of the merchandise.</P> </SECTION> <SECTION> <SECTNO>§ 146.65</SECTNO> <SUBJECT>Classification, valuation, and liquidation.</SUBJECT> <P>(a) <E T="03">Classification</E>—(1) <E T="03">Privileged foreign merchandise.</E> Privileged foreign merchandise provided for in this section will be subject to tariff classification according to its character, condition and quantity, at the rate of duty and tax in force on the date of filing, in complete and proper form, the application for privileged status. Classification of merchandise subject to a tariff-rate import quota will be made only at the higher non-quota duty rate in effect on the date privileged foreign status was granted. Notwithstanding the grant of privileged status, Customs may correct any misclassification of any such entered merchandise when it posts the bulletin notice of liquidation under § 159.9 of this chapter.</P> <P>(2) <E T="03">Nonprivileged foreign merchandise.</E> Nonprivileged foreign merchandise provided for in this section will be subject to tariff classification in accordance with its character, condition and quantity as constructively transferred to Customs territory at the time the entry or entry summary is filed with Customs.</P> <P>(b) <E T="03">Valuation</E>—(1) <E T="03">Total zone value.</E> The total zone value of merchandise provided for in this section will be determined in accordance with the principles of valuation contained in sections 402 and 500 of the Tariff Act of 1930, as amended by the Trade Agreements Act of 1979 (19 U.S.C. 1401a, 1500). <PRTPAGE P="116"/>The total zone value shall be that price actually paid or payable to the zone seller in the transaction that caused the merchandise to be transferred from the zone. Where there is no price paid or payable, the total zone value shall be the cost of all materials and zone processing costs related to the merchandise transferred from the zone.</P> <P>(2) <E T="03">Dutiable value.</E> The dutiable value of merchandise provided for in this section shall be the price actually paid or payable for the merchandise in the transaction that caused the merchandise to be admitted into the zone, plus the statutory additions contained in section 402(b)(1) of the Tariff Act of 1930, as amended by the Trade Agreements Act of 1979 (19 U.S.C. 1401a(b)(1)), less, if included, international shipment and insurance costs and U.S. inland freight costs. If there is no such price actually paid or payable, or no reasonable representation of that cost or of the statutory additions, the dutiable value may be determined by excluding from the zone value any included zone costs of processing or fabrication, general expenses and profit and the international shipment and insurance costs and U.S. inland freight costs related to the merchandise transferred from the zone. The dutiable value of recoverable waste or scrap provided for in § 146.42(b) will be the price actually paid or payable to the zone seller in the transaction that caused the recoverable waste or scrap to be transferred from the zone.</P> <P>(3) <E T="03">Allowance.</E> An allowance in the dutiable value of zone merchandise may be made by the port director in accordance with the provisions of subparts B and C of part 158 of this chapter, for damage, deterioration, or casualty while the merchandise is in the zone.</P> <P>(c) <E T="03">Liquidation; extension to update cost data.</E> When the declared value or values of the merchandise are based on an estimate or estimates, the person making entry may request an extension of liquidation pending the presentation of updated or actual cost data. A request for an extension may be granted at the discretion of the port director.</P> <CITA>[T.D. 86-16, 51 FR 5049, Feb. 11, 1986, as amended by T.D. 91-79, 56 FR 46372, Sept. 12, 1991; T.D. 95-35, 60 FR 20632, Apr. 27, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 146.66</SECTNO> <SUBJECT>Transfer of merchandise from one zone to another.</SUBJECT> <P>(a) <E T="03">At the same port.</E> A transfer of merchandise to another zone with a different operator at the same port (including a consolidated port) will be by a licensed cartman or a bonded carrier as provided for in § 112.2(b) of this chapter or by the operator of the zone for which the merchandise is destined under an entry for immediate transportation on Customs Form 7512 or other appropriate form with a Customs Form 214 filed at the destination zone. A transfer of merchandise between zone sites at the same port having the same operator may be made under a permit on CF 6043 or under a local control system approved by the port director wherein any loss of merchandise between sites will be treated as if the loss occurred in the zone.</P> <P>(b) <E T="03">At a different port.</E> A transfer of merchandise from a zone at one port of entry to a zone at another port will be by bonded carrier under an entry for immediate transportation on Customs Form 7512. All copies of the entry must bear a notation that the merchandise is being transferred to another zone designated by its number.</P> <P>(c) <E T="03">Forwarding of merchandise history; documentation.</E> When merchandise is transferred under the provisions of this section, the operator of the transferring zone shall provide the operator of the destination zone with the documented history of the merchandise being transferred.</P> <P>(1) The following documentation must accompany merchandise maintained under a lot inventory control system:</P> <P>(i) A copy of the original Customs Form(s) 214 with accompanying invoices for admission of the merchandise and all components thereof;</P> <P>(ii) A copy of any Customs Form 214 filed subsequent to admission to change the status of the merchandise or its components; and</P> <P>(iii) A copy of any Customs Form 216 to manipulate or manufacture the merchandise.</P> <P>(2) The following documentation must accompany merchandise not under a lot system, and not manufactured in a zone:<PRTPAGE P="117"/> </P> <P>(i) A copy of the original Customs Form(s) 214 with accompanying invoices for admission of the merchandise as attributed under the particular zone inventory method;</P> <P>(ii) A copy of any Customs Form 214 filed subsequent to admission to change the status of the merchandise as attributed under the particular zone inventory method; and</P> <P>(iii) A copy of any Customs Form 216 to manipulate the merchandise as attributed under the particular zone inventory method.</P> <P>(3) If the documents specified in paragraph (c)(2) of this section are not presented, the operator of the transferring zone shall submit the following:</P> <P>(i) A statement of the zone value, dutiable value, quantity, description, unique identifier, and zone status (showing any changes of status after admission and whether the merchandise was manipulated so as to change its tariff classification) of all the merchandise in the shipment covered by the transportation entry; and</P> <P>(ii) A certification that the statement in paragraph (c)(3)(i) of this section, is true and that the information contained therein is contained in the inventory control and recordkeeping system of the transferring zone.</P> <P>(4) The following documentation must accompany merchandise not under a lot system, but manufactured in a zone:</P> <P>(i) A statement by the transferring zone operator of the zone value, dutiable value, quantity, description, unique identifier, and zone status of all the merchandise (and components thereof, where applicable) covered by the transportation entry. The statement will also show any change in zone status in the transferring zone and whether the merchandise has been manufactured or manipulated in the zone so as to change its tariff classification; and</P> <P>(ii) A certification by the operator of the transferring zone that the statement in paragraph (c)(4)(i) of this section is true and the information therein is contained in the inventory control and recordkeeping system of the zone.</P> <P>(5) The operator of the transferring zone shall transmit the historical documentation of the merchandise to the receiving zone within 10 working days after it has been delivered to the bonded carrier for transportation. The documentation will be referenced to the I.T. number covering the merchandise.</P> <P>(d) <E T="03">Arrival at destination zone.</E> Upon arrival of the merchandise at the destination zone, it will be admitted under the procedure provided for in § 146.32, except that no invoice or Customs examination will be required. When the historical documentation is received, the operator of the destination zone shall associate it with the Customs Form 214 for admission of the merchandise and incorporate that information into the zone inventory control and recordkeeping system.</P> <CITA>[T.D. 86-16, 51 FR 5049, Feb. 11, 1986, as amended by T.D. 94-81, 59 FR 51497, Oct. 12, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 146.67</SECTNO> <SUBJECT>Transfer of merchandise for exportation.</SUBJECT> <P>(a) <E T="03">Direct exportation.</E> Any merchandise in a zone may be exported directly therefrom (without transfer into Customs territory) upon compliance with the procedures of paragraph (b) of this section.</P> <P>(b) <E T="03">Immediate exportation.</E> Each transfer of merchandise to the Customs territory for exportation at the port where the zone is located, will be made under an entry for immediate exportation on Customs Form 7512. The person making entry shall furnish an export bond on Customs Form 301 containing the bond conditions provided for in § 113.62 of this chapter.</P> <P>(c) <E T="03">Transportation and exportation.</E> Each transfer of merchandise to the Customs territory for transportation to and exportation from a different port, will be made under an entry for transportation and exportation on Customs Form 7512. The bonded carrier will be responsible for exportation of the merchandise in accordance with § 18.26 of this chapter.</P> <P>(d) <E T="03">Textiles and textile products.</E> Textiles and textile products which have been changed as provided for in § 146.63(d) may be exported and returned to Customs territory for warehousing provided the entry for warehouse is endorsed by the port director to show that the merchandise <PRTPAGE P="118"/>may not be withdrawn for consumption.</P> <P>(e) <E T="03">Merchandise produced or manufactured in a zone and returned to Customs territory after exportation.</E> Merchandise produced or manufactured in a zone and exported without having been transferred to Customs territory other than for exportation or for transportation and exportation will be subject, on its return to Customs territory, to the duties and taxes applicable to like articles of wholly foreign origin, unless it is conclusively established that it was produced or manufactured exclusively with the use of domestic merchandise. The identity of the domestic merchandise must have been maintained in accordance with the provisions of this part, in which case that merchandise will be subject to the provisions of Chapter 98, Subchapter I, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202).</P> <CITA>[T.D. 86-16, 51 FR 5049, Feb. 11, 1986, as amended by T.D. 89-1, 53 FR 51263, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 146.68</SECTNO> <SUBJECT>Transfer for transportation or exportation; estimated production.</SUBJECT> <P>(a) <E T="03">Weekly permit.</E> The port director may allow the person making entry for merchandise provided for in § 146.63(c) to file an application for a weekly permit to enter and release merchandise during a calendar week for exportation, transportation, or transportation and exportation. The application will be on Customs Form 7512 stating at the top the words “Application for Weekly Zone Permit,” and will be filed with the port director. The application must be accompanied by a <E T="03">pro forma</E> invoice or schedule like that required in § 146.63(c)(1). If actual transfers will exceed the estimate for the week, the person with the right to make entry shall file a supplemental Customs Form 7512 to cover the additional merchandise to be transferred from the subzone or zone site. No merchandise covered by the weekly permit may be transferred from the zone before approval of the application by the port director.</P> <P>(b) <E T="03">Individual entries.</E> After approval of the application for a weekly permit by the port director, the person making entry will be authorized to execute individual Customs Forms 7512 for exportation, transportation, or transportation and exportation of the merchandise covered by permit. Upon transfer of the merchandise, the operator shall obtain a receipt from the carrier on Customs Form 7512 to ensure its assumption of liability under the carrier's or cartman's bond. Customs will consider the time of entry to be when the removing carrier signs the receipt for the merchandise. The operator shall give the bonded carrier a copy of the individual Customs Form 7512, as provided for in § 18.2(c) of this chapter. The operator also shall ensure that the port director receives a copy of the Customs Form 7512 by the end of the next working day after the carrier has receipted for the merchandise.</P> <P>(c) <E T="03">Statement of merchandise entered.</E> The person making entry for merchandise under an approved weekly permit shall file with the port director, by the close of business on the second working day of the week following the week designated on the permit, a statement of the merchandise entered under that permit. The statement must list each Customs Form 7512 by its unique I.T. number, and will provide a reconciliation of the quantities on the weekly permit with the manifested quantities on the individual Customs Forms 7512 submitted to Customs, as well as an explanation of any discrepancy.</P> <CITA>[T.D. 86-16, 51 FR 5049, Feb. 11, 1986, as amended by T.D. 00-22, 65 FR 16518, Mar. 29, 2000]</CITA> </SECTION> <SECTION> <SECTNO>§ 146.69</SECTNO> <SUBJECT>Supplies, equipment, and repair material for vessels or aircraft.</SUBJECT> <P>(a) <E T="03">General.</E> Any merchandise which may be withdrawn duty and tax free in Customs territory under section 309 or 317, Tariff Act of 1930, as amended (19 U.S.C. 1309, 1317), and under §§ 10.59 through 10.65 of this chapter, may similarly be transferred from a zone, regardless of its zone status, under those statutes and regulations. Each transfer from a zone for delivery to a qualified vessel or aircraft, will be made on Customs Form 5512 (see § 10.60 of this chapter). The person making entry shall furnish a bond on Customs Form 301 containing the bond conditions provided for in § 113.62 of this chapter.<PRTPAGE P="119"/> </P> <P>(b) <E T="03">Merchandise for delivery within zone.</E> Upon acceptance of the entry and bond, the port director shall release the merchandise to the operator for delivery to the qualified vessel or aircraft for lading in the zone.</P> <P>(c) <E T="03">Merchandise for delivery outside zone.</E> Upon acceptance of the entry and bond, the port director shall release the merchandise to the operator for delivery to the bonded cartmen, lighterman, or carrier, for transportation through the Customs territory to the qualified lading vessel or aircraft.</P> </SECTION> <SECTION> <SECTNO>§ 146.70</SECTNO> <SUBJECT>Transfer of zone-restricted merchandise into Customs territory.</SUBJECT> <P>(a) <E T="03">General.</E> Zone-restricted merchandise may be transferred to Customs territory only for entry for exportation, for entry for transportation and exportation, for warehousing pending exportation, for destruction (except destruction of distilled spirits, wines and fermented malt liquors), for transfer from one zone to another, or for delivery to a qualified vessel or aircraft or as ground equipment of a qualified aircraft under section 309 or 317, Tariff Act of 1930, as amended (19 U.S.C. 1309, 1317), unless the Board has ruled that the return of the merchandise to Customs territory for domestic consumption is in the public interest. With Board approval (See 15 CFR part 400), that merchandise may be entered for consumption, for warehousing, for immediate transportation without appraisement, or under any other provision of the Customs laws, unless the Board has specified the form of entry to be made.</P> <P>(b) <E T="03">For consumption.</E> If the return of zone-restricted merchandise to Customs territory for consumption has been ruled by the Board to be in the public interest, the entry shall be endorsed by the port director to show the authority under which it was made, and that the merchandise is subject to the provisions of Chapter 98, Subchapter I, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202).</P> <P>(c) <E T="03">For warehousing.</E> Zone-restricted merchandise may be transferred from a zone to a Customs bonded warehouse for storage pending exportation. The Customs Form 7501 shall be endorsed by the port director to show that the merchandise may not be withdrawn for consumption. In the case of zone-restricted merchandise transported in bond to another port for warehousing and exportation, Customs Form 7512 shall be endorsed by the port director to show that the merchandise is foreign trade zone merchandise in zone-restricted status, which shall be entered for warehouse with proper endorsement on Customs Form 7501, and which may not be withdrawn for consumption. Zone-restricted merchandise transferred from a zone to a Customs bonded warehouse may not be manipulated, except for packing or unpacking incidental to exportation.</P> <P>(d) <E T="03">For other purposes.</E> Upon acceptance of an entry or withdrawal for zone-restricted merchandise for any purpose other than that described in a Board order, the entry shall be endorsed by the person making entry to show that actual exportation of the merchandise is required by the fourth proviso to section 3 of the Act, as amended, or the entry endorsed to require delivery to a qualified vessel or aircraft, under section 309 or 317, Tariff Act of 1930, as amended (19 U.S.C. 1309, 1317).</P> <CITA>[T.D. 86-16, 51 FR 5049, Feb. 11, 1986, as amended by T.D. 89-1, 53 FR 51263, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 146.71</SECTNO> <SUBJECT>Release and removal of merchandise from zone.</SUBJECT> <P>(a) <E T="03">General.</E> Except as provided for in § 146.43, no merchandise will be transferred from a zone without a Customs permit on the appropriate entry or withdrawal form or other document as required in this part. This port director may authorize transfer from a zone without physical supervision or examination by a Customs officer. Upon issuance of a permit, the port director will authorize delivery of the merchandise only to the operator, who then may release the merchandise to the importer or carrier.</P> <P>(b) <E T="03">Liability for discrepancy.</E> When a transfer is not physically supervised by a Customs officer, the operator will be relieved of responsibility only for the merchandise in a zone in the condition and quantity as shown on the entry, <PRTPAGE P="120"/>withdrawal, or other appropriate form. The operator will be relieved of responsibility only if it receives the signed receipt on the document of the importer or the carrier named in that document. The responsibility of the operator may be adjusted by any discrepancy report made jointly by the operator and the bonded cartman, lighterman, or carrier, or the importer, and signed by the above or an authorized representative within 15 days after transfer of the merchandise from the zone. Any adjustment must be noted on the permit copy of the entry, withdrawal, or other appropriate form or document. A copy of any joint report of discrepancy must be submitted to the port director within 10 working days of signing by the parties.</P> <P>(c) <E T="03">Time limit.</E> Except in the case of articles for use in a zone, merchandise for which a Customs permit for transfer to Customs territory has been issued must be physically removed from the zone within 5 working days of issuance of that permit. The port director, upon request of the operator, may extend that period for good cause. Merchandise awaiting removal within the required time limit will not be further manipulated or manufactured in the zone, but will be segregated or otherwise identified by the operator as merchandise that has been constructively transferred to Customs territory.</P> <P>(d) <E T="03">Retention or return of merchandise to zone for consumption.</E> (1) The port director shall cancel any entry for consumption where: (i) The merchandise is not removed from the zone within the period specified in paragraph (c) of this section, or (ii) the merchandise was removed from the zone but did not enter the commerce of the U.S. in Customs territory and was subsequently readmitted to a zone in domestic status. If the port director has reason to believe any new entry would be cancelled under the provisions of this paragraph, he may reject the entry or demand a written stipulation, as a condition of entry acceptance, that the merchandise will not be returned to a zone in domestic status. Merchandise covered by an entry which has been cancelled under this paragraph shall be restored to its last foreign status.</P> <P>(2) A component of merchandise which has been entered, but not physically removed from a zone, shall be restored to its last zone status, provided the port director determines that the component was included in the entry through clerical error, mistake of fact, or other inadvertence not amounting to an error in the construction of the law. Such an error, including that in appraisement of any entry or liquidation due to the above circumstances, may be corrected pursuant to section 520(c)(1), Tariff Act of 1930, as amended (19 U.S.C. 1520(c)(1)), in accordance with the procedures described in part 173 of this chapter. If the port director decides there has been no error, mistake, or inadvertence, or that the information was not timely provided, the component will be considered as an overage and subject to the provisions of § 146.53(d).</P> <P>(3) When merchandise which has been entered for consumption is subsequently returned to a zone for a reason other than that specified in paragraph (d)(1) of this section, it shall be admitted in domestic status.</P> <CITA>[T.D. 86-16, 51 FR 5049, Feb. 11, 1986; 51 FR 11012, Apr. 1, 1986]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart G—Penalties; Suspension; Revocation</HD> <SECTION> <SECTNO>§ 146.81</SECTNO> <SUBJECT>Penalties.</SUBJECT> <P>(a) <E T="03">Amount.</E> Upon violation of the Act, or any regulation issued under the Act, by the grantee, or any officer, agent, operator or employee thereof, the person responsible for or permitting the violation shall be subject to a fine of not more than $1,000. Each day during which a violation continues will constitute a separate offense. Liquidated damages, where applicable, will be imposed in addition to the fine (19 U.S.C. 81s).</P> <P>(b) <E T="03">Review.</E> All fines assessed by the port director under this section will be reviewed by the Assistant Commissioner, Office of International Trade, or his designee, Headquarters, to determine whether further action against <PRTPAGE P="121"/>the grantee or operator, such as suspension or a recommendation for revocation of the grant, is warranted.</P> <CITA>[T.D. 86-16, 51 FR 5049, Feb. 11, 1986, as amended by T.D. 91-77, 56 FR 46115, Sept. 10, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 146.82</SECTNO> <SUBJECT>Suspension.</SUBJECT> <P>(a) <E T="03">For cause.</E> The port director may suspend for cause the activated status of a zone or zone site, or the privilege to admit, manufacture, manipulate, exhibit, destroy, transfer or remove merchandise at a zone or zone site for a period not to exceed 90 days. Upon order of the Board the suspension may be continued. If appropriate, the suspension may be limited to an individual user or users and not to the zone or zone site as a whole, or may be limited to a particular activity of an operator or user, such as suspension of the privilege to admit merchandise or the privilege to manufacture. An action to suspend will be taken in accordance with the procedure in paragraph (b) of this section if:</P> <P>(1) The approval of the application to activate the zone was obtained through fraud or the misstatement of a material fact;</P> <P>(2) The operator neglects or refuses to obey any proper order of a Customs officer or any Customs order, rule, or regulation relating to the operation or administration of a zone;</P> <P>(3) The operator, or any officer of a corporation which has been granted the right to operate a zone, is convicted of or has commited acts which would constitute a felony, or misdemeanor involving theft, smuggling, or a theft-connected crime. Any change in the employment status of the corporate officer (e.g., discharge, resignation, demotion, or promotion) prior to conviction of a felony or prior to conviction of a misdemeanor involving theft, smuggling, or a theft-connected crime, resulting from acts committed while a corporate officer, will not preclude application of this provision;</P> <P>(4) The operator fails to furnish a current list of names, addresses, or other information as required by § 146.7;</P> <P>(5) The operator does not provide a secure facility or properly safeguard merchandise within a zone;</P> <P>(6) [Reserved]</P> <P>(7) The operator, or any officer, agent, or employee of the operator, discloses to an unauthorized person proprietary information contained on a Customs form or in the inventory control and recordkeeping system; or</P> <P>(8) The inventory control and recordkeeping system is impaired to the point where the identity of merchandise in zone status has been lost and cannot be reestablished without a suspension of zone operations.</P> <P>(b) <E T="03">Procedure</E>—(1) <E T="03">Notice.</E> The port director may, at any time, serve notice, in writing, upon an operator to show cause why its right to continue operation of a zone should not be suspended or why an individual user or activities of an individual user should not be suspended, as provided for in paragraph (a) of this section. The notice will advise the operator of the grounds for the proposed action and will afford the operator an opportunity to respond, in writing, within 15 days after receipt of the notice. Thereafter, the port director shall consider the allegations and any response made by the operator and issue a decision, unless the operator requests a hearing in the matter.</P> <P>(2) <E T="03">Hearing.</E> If the operator requests a hearing, it will be held before a hearing officer designated by the Commissioner of Customs or his designee within 30 days following the operator's request. The operator may be represented by counsel at the hearing, and any evidence and testimony of witnesses in the proceeding, including substantiation of the allegations and the response thereto, will be presented. The right of cross-examination will be available to both parties. A stenographic record of the proceeding will be made and a copy will be delivered to the operator. At the conclusion of the hearing, the hearing officer shall transmit promptly all papers and the stenographic record of the hearing to the Assistant Commissioner, Office of Field Operations, or designee, together with a recommendation for final action.</P> <P>(3) <E T="03">Decision of Assistant Commissioner.</E> Within 10 calendar days after delivery to the operator of a copy of the stenographic record of the hearing, the operator may submit to the Assistant Commissioner, Office of Field Operations, or designee, in writing any additional <PRTPAGE P="122"/>views or arguments. The Assistant Commissioner, Office of Field Operations, or designee, shall then render a written decision stating his reasons therefor. That decision will be served on the operator and will be considered the final Customs administrative action in the case.</P> <P>(4) <E T="03">Grantee.</E> If the grantee of the zone is not the operator, a copy of the notice to show cause will be served upon the grantee. The grantee, as a party-in-interest, may join the operator in any proceedings under this section.</P> <CITA>[T.D. 86-16, 51 FR 5049, Feb. 11, 1986, as amended by T.D. 88-63, 53 FR 40220, Oct. 14, 1988; T.D. 95-99, 60 FR 62733, Dec. 7, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 146.83</SECTNO> <SUBJECT>Revocation of zone grant.</SUBJECT> <P>(a) <E T="03">Recommendation of port director.</E> The port director may at any time recommend to the Board that the privilege of establishing, operating, and maintaining a zone or subzone under CBP jurisdiction be revoked for willful and repeated violations of the Act (19 U.S.C. 81r). If the port director believes that a substantial question of law exists as to whether willful and repeated violations of the Act have occurred, that officer may request internal advice under the provisions of part 177 of this chapter from the Executive Director, Regulations and Rulings, Office of International Trade, Headquarters. A recommendation to the Board that a zone or subzone grant be revoked does not preclude, and may be in addition to, any liquidated damages, penalty, or suspension for cause.</P> <P>(b) <E T="03">Decision of the Board.</E> The procedure for revocation of a grant, the decision of the Board, and appeal is covered by the provisions of the Act and title 15, chapter IV, part 400, Code of Federal Regulations.</P> <CITA>[T.D. 86-16, 51 FR 5049, Feb. 11, 1986, as amended by T.D. 91-77, 56 FR 46115, Sept. 10, 1991; T.D. 99-27, 64 FR 13676, Mar. 22, 1999]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart H—Petroleum Refineries in Foreign-Trade Subzones</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>T.D. 95-35, 60 FR 20632, Apr. 27, 1995, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 146.91</SECTNO> <SUBJECT>Applicability.</SUBJECT> <P>This subpart applies only to a petroleum refinery (as defined herein) engaged in refining petroleum in a foreign-trade zone or subzone. Further, the provisions relating to zones generally, which are set forth elsewhere in this part, including documentation and document retention requirements, and entry procedures, such as weekly entry, shall apply as well to a refinery subzone, insofar as applicable to and not inconsistent with the specific provisions of this subpart. It does not cover zone-to-zone transfers in which the fact of removal from one zone is ignored.</P> </SECTION> <SECTION> <SECTNO>§ 146.92</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>(a) <E T="03">Attribution.</E> “Attribution” means the association of a final product with its source material.</P> <P>(b) <E T="03">Feedstocks.</E> “Feedstocks” means crude petroleum or intermediate product that is used in a petroleum refinery to make a final product.</P> <P>(c) <E T="03">Feedstock factor.</E> “Feedstock factor” means the relative value of final products utilizing T.D. 66-16 (see § 146.92(h)), and which takes into account any volumetric loss or gain.</P> <P>(d) <E T="03">Final product.</E> “Final product” means any petroleum product that is produced in a refinery subzone and thereafter removed therefrom or consumed within the zone.</P> <P>(e) <E T="03">Manufacturing period.</E> “Manufacturing period” means a period selected by the refiner which must be no more than a calendar month basis, for which attribution to a source feedstock must be made for every final product made, consumed in, or removed from the refinery subzone.</P> <P>(f) <E T="03">Petroleum refinery.</E> “Petroleum refinery” means a facility that refines a feedstock listed on the top line of the tables set forth in T.D. 66-16 into a product listed in the left column of the tables set forth in T.D. 66-16.</P> <P>(g) <E T="03">Price of product.</E> “Price of product” means the average per unit market value of each final product for a given manufacturing period or the published standard product value if updated each month.</P> <P>(h) <E T="03">Producibility.</E> “Producibility” is a method of attributing products to feedstocks for petroleum manufacturing in <PRTPAGE P="123"/>accordance with the Industry Standards of Potential Production set forth in T.D. 66-16.</P> <P>(i) <E T="03">Relative value.</E> “Relative value” means a value assigned to each final product attributed to the separation from a privileged foreign feedstock based on the ratio of the final product's value compared to the privileged foreign feedstock's duty.</P> <P>(j) <E T="03">Time of separation.</E> “Time of separation” means the manufacturing period in which a privileged foreign status feedstock is deemed to have been separated into two or more final products.</P> <P>(k) <E T="03">Weighted average.</E> “Weighted average” means the relative value of merchandise, which is determined by dividing the total value of shipments in a given period by the total quantity shipped in the same given period. See example in section VI of the appendix to this part.</P> </SECTION> <SECTION> <SECTNO>§ 146.93</SECTNO> <SUBJECT>Inventory control and recordkeeping system.</SUBJECT> <P>(a) <E T="03">Attribution.</E> All final products removed from or consumed within a petroleum refinery subzone must be attributed to feedstock admitted into said petroleum refinery subzone in the current or prior manufacturing period. Attribution must be based on records maintained by the operator. Attribution may be made by applying one of the authorized methods set forth in this section. Records must be maintained on a weight or volume basis.</P> <P>(1) <E T="03">Producibility.</E> The producibility method of attribution requires that records be kept to attribute final products to feedstocks which are eligible for attribution as set forth in this section during the current or prior manufacturing period.</P> <P>(2) <E T="03">Actual production records.</E> An operator may use its actual production records as provided for under § 146.95(b) of this subpart.</P> <P>(3) <E T="03">Other inventory method.</E> An operator may use the FIFO (first-in, first-out) method of accounting (see § 191.22(c) of this chapter). The use of this method is illustrated in the appendix to this part.</P> <P>(b) <E T="03">Feedstock eligible for attribution.</E> Only a feedstock that has been admitted into the refinery subzone is eligible for attribution. For a given manufacturing period, the quantity of feedstock eligible for attribution may be computed as beginning inventory, plus receipts less shipments of feedstock out of the subzone, and less ending inventory.</P> <P>(c) <E T="03">Consumption or removal of final product.</E> Each final product that is consumed in or removed from a refinery subzone must be attributed to a feedstock eligible for attribution during the current or a prior manufacturing period. Each final product attributed as being produced from the separation of a privileged foreign status feedstock must be assigned the proper relative value as set forth in paragraph (d) of this section.</P> <P>(d) <E T="03">Relative value.</E> A relative value calculation is required when two or more final products are produced as the result of the separation of privileged foreign status feedstock. Ad valorem and compound rates of duty must be converted to specific rates of duty in order to make a relative value calculation.</P> <P>(e) <E T="03">Privileged status after admission.</E> Nonprivileged status feedstock is eligible for privileged status only if the request shows to the satisfaction of the Customs Service that there was no manipulation or manufacture of the feedstock to change its tariff classification before the request is granted. The absence of such manipulation or manufacture can be shown by demonstrating that the feedstock was placed in an empty tank, in a tank that contained only feedstock with the same nominal specifications or providing a sample which shows there was no change in tariff status. The existence of negligible amounts of other feedstocks may be disregarded only in accordance with § 146.95(b). A request for after-admission privileged foreign status shall be denied unless the feedstock's tank records from admission to the time that the request is made accompany the request. A refiner who makes such a request shall not put any other feedstock having different nominal specifications into the tank until the request for privileged status is granted. <PRTPAGE P="124"/>The Customs Service will deny or revoke a post-admission request if a refiner fails to retain the integrity of the feedstock in the tank.</P> <P>(f) <E T="03">Consistent use required.</E> The operator must use the selected method, measurement (weight or volume), and the price of product consistently (see § 146.92(g) of this subpart and paragraph (a) of this section).</P> </SECTION> <SECTION> <SECTNO>§ 146.94</SECTNO> <SUBJECT>Records concerning establishment of manufacturing period.</SUBJECT> <P>(a) <E T="03">Feedstock admitted into the refinery subzone.</E> The operator must maintain appropriate inventory records during the manufacturing period to substantiate the feedstock(s) eligible for attribution under § 146.93(b) and in accordance with the operator's selected attribution method.</P> <P>(b) <E T="03">Final product consumed in or removed from subzone.</E> The operator must record the date and amount of each final product consumed in, or removed from the subzone.</P> <P>(c) <E T="03">Consumption or removal.</E> The consumption or removal of a final product during a week may be considered to have occurred on the last day of that week for purposes of attribution and relative value calculation instead of the actual day on which the removal or consumption occurred, unless the refiner elects to attribute using the FIFO method (see section II of the appendix to this part).</P> <P>(d) <E T="03">Gain or loss.</E> A gain or loss that occurs during a manufacturing period must be taken into account in determining the attribution of a final product to a feedstock and the relative value calculation of privileged foreign feedstocks. Any gain in a final product attributed to a non-privileged foreign status feedstock is dutiable if entered for consumption unless otherwise exempt from duty.</P> <P>(e) <E T="03">Determining gain or loss; acceptable methods</E>—(1) <E T="03">Converting volume to weight.</E> Volume measurements may be converted to weight measurements using American Petroleum Institute conversion factors to account for gain or loss.</P> <P>(2) <E T="03">Calculating feedstock factor to account for volume gain or loss.</E> A feedstock factor may be calculated by dividing the value per barrel of production per product category by the quotient of the total value of production divided by all feedstock consumed. This factor would be applied to a finished product that has been attributed to a feedstock to account for volume gain.</P> <P>(3) <E T="03">Calculating volume difference.</E> Volume difference may be determined by comparing the amount of feedstocks introduced for a given period with the amount of final products produced during the period, and then assigning the volume change to each final product proportionately.</P> </SECTION> <SECTION> <SECTNO>§ 146.95</SECTNO> <SUBJECT>Methods of attribution.</SUBJECT> <P>(a) <E T="03">Producibility</E>—(1) <E T="03">General.</E> A subzone operator must attribute the source of each final product. The operator is limited in this regard to feedstocks which were eligible for attribution during the current or prior manufacturing period. Attribution of final products is allowable to the extent that the quantity of such products could have been produced from such feedstocks, using the industry standards of potential production on a practical operating basis, as published in T.D. 66-16. Once attribution is made for a particular product, that attribution is binding. Subsequent attributions of feedstock to product must take prior attributions into account. Each refiner shall keep records showing each attribution.</P> <P>(2) <E T="03">Industry standards of potential production.</E> The industry standards of potential production on a practical operating basis necessary for the producibility attribution method are contained in tables published in T.D. 66-16. With these tables, a subzone operator may attribute final products consumed in, or removed from, the subzone to feedstocks during the current or a prior manufacturing period.</P> <P>(3) <E T="03">Attribution to product or feedstock not listed in T.D. 66-16.</E> (i) For purposes of attribution, where a final product or a feedstock is not listed in T.D. 66-16, the operator must submit a proposed attribution schedule, supported by a technical memorandum, to the appropriate port director. The port director shall refer the request to the Director, Office of Regulatory Audit (“ORA”), who will verify the refiner's records <PRTPAGE P="125"/>and will coordinate with the Director, Office of Laboratories and Scientific Services (“OLSS”). The Director, ORA, shall either approve or deny the request. If the request is approved, the Director, ORA, shall publish a modification of T.D. 66-16. If an operator elects to show attribution on a producibility basis, but fails to keep records on that basis, the operator shall use its actual operating records to determine attribution and any necessary relative value calculation upon the Customs Service demand and subject to verification.</P> <P>(ii) An operator may attribute a final product to a feedstock in excess of the amount allowed under T.D. 66-16, when authorized by Customs, without losing the ability to attribute under T.D. 66-16 for all other feedstock-final product combinations. The operator must use its actual production records for the requested feedstock-final product combination. The operator must agree in writing that it will not, and it will not enable any other person, to file a drawback claim under 19 U.S.C. 1313 inconsistent with those actual production records for that feedstock-final product combination. The operator shall file its request in accordance with paragraph (a)(3) of this section. The Director, ORA, and the Director, OLSS, must determine whether T.D. 66-16 needs to be modified and shall publish in the Customs Bulletin each approval granted under this paragraph and request public comments with each such approval.</P> <P>(4) <E T="03">Attribution to privileged foreign feedstock; relative value.</E> If a final product is attributed to the separation of a privileged foreign feedstock a relative value must be assigned (see section IV of the appendix to this part).</P> <P>(b) <E T="03">Refinery operating records.</E> An operator may use the actual refinery operating records to attribute the feedstocks used to the removed or consumed products. Customs shall accept the operator's operating conventions to the extent that the operator demonstrates that it actually uses these conventions in its refinery operations. Whatever conventions are elected by the operator, they must be used consistently in order to be acceptable to Customs. Additionally, Customs may use these records to test the validity of admissions into the subzone, consumption within and removals from the subzone. </P> <EXAMPLE> <HD SOURCE="HED">Example.</HD> <P>If the operator mixes three equal quantities of material in a day tank and treats that product as a three-part mixture in its production unit, Customs will accept the resulting product as composed of the three materials. If, in the alternative, the operator assumes that the three products do not mix and treats the first product as being composed of the first material put into the day tank, the second product as composed of the second material put into the day tank, and the third product as being composed of the third material put into the day tank, Customs will accept that convention also.</P> </EXAMPLE> </SECTION> <SECTION> <SECTNO>§ 146.96</SECTNO> <SUBJECT>Approval of other recordkeeping systems.</SUBJECT> <P>(a) <E T="03">Approval procedure.</E> An operator must seek prior approval of another recordkeeping procedure by submitting the following to the Director, Office of Regulatory Audit:</P> <P>(1) An explanation of the method describing how attribution will be made when a finished product is removed from or consumed in the subzone, and how and when the feedstocks will be decremented;</P> <P>(2) A mathematical example covering at least two months which shows the amounts attributed, all necessary relative value calculations, the dates of consumption and removal, and the amounts and dates that the transactions are reported to Customs.</P> <P>(b) <E T="03">Failure to comply.</E> Requests received that fail to comply with paragraph (a) of this section will be returned to the requester with the defects noted by the Director, Office of Regulatory Audit.</P> <P>(c) <E T="03">Determination by Director.</E> When the Director, Office of Regulatory Audit, determines that the recordkeeping procedures provide an acceptable basis for verifying the admissions and removals from or consumption in a refinery subzone, the Director will issue a written approval to the applicant.</P> </SECTION> <APPENDIX> <PRTPAGE P="126"/> <EAR>Pt. 146, App.</EAR> <HD SOURCE="HED">Appendix to Part 146—Guidelines for Determining Producibility and Relative Values for Oil Refinery Zones</HD> <P>Where an example is set out in this appendix, the example is for purposes of illustrating the application of a provision, and where there is any inconsistency between the example and the provision, the provision prevails to the extent of the inconsistency. Alternative formats are also acceptable so long as they are consistent with the provisions of this part.</P> <HD SOURCE="HD1">I. Attribution Using Producibility Showing Manufacturing Periods From Admission to Removal Within a Calendar Month.</HD> <P>Volume losses and gains accounted for by weight.</P> <HD SOURCE="HD2">Day 1</HD> <P>Receipt into the refinery subzone during a 30-day month: </P> <FP SOURCE="FP-1">50,000 pounds privileged foreign (PF) class II crude oil.</FP> <FP SOURCE="FP-1">50,000 pounds PF class III crude oil.</FP> <FP SOURCE="FP-1">50,000 pounds domestic status class III crude oil.</FP> <HD SOURCE="HD2">Day 10</HD> <P>Removal from the refinery subzone for exportation of 50,000 pounds of aviation gasoline.</P> <P>The period of manufacture for the aviation gasoline is Day 1 to Day 10. The refiner must first attribute the designated source of the aviation gasoline.</P> <P>In order to maximize the duty benefit conferred by the zone operation, the refiner chooses to attribute the exported aviation gasoline to the privileged foreign status crude oil. Under the tables for potential production (T.V. 66-16), class II crude has a 30% potential, and class III has a 40% potential. The maximum aviation gasoline producible from the class II crude oil is 15,000 pounds (50,000 × .30). The maximum aviation gasoline producible from the privileged foreign status class III crude oil is 20,000 pounds (50,000 × .40). The domestic class III crude would also make 20,000 pounds of aviation gasoline.</P> <P>The refiner could attribute 15,000 pounds of the privileged foreign class II crude oil, 20,000 pounds of the privileged foreign class III crude oil, and 15,000 pounds of the domestic class III crude oil as the source of the 50,000 pounds of the aviation gasoline that was exported; 35,000 pounds of class II crude oil would be available for further production for other than aviation gasoline, 30,000 pounds of privileged foreign class III crude oil would be available for further production for other than aviation gasoline, and 35,000 pounds of domestic status class III crude oil would be available for further production, of which up to 5,000 pounds could be attributed to aviation gasoline.</P> <HD SOURCE="HD2">Day 21</HD> <P>Receipt in the refinery subzone: </P> <FP SOURCE="FP-1">50,000 pounds PF status class I crude oil.</FP> <FP SOURCE="FP-1">50,000 pounds PF status class IV crude oil.</FP> <HD SOURCE="HD2">Day 30</HD> <P>Removal from the refinery subzone:</P> <FP SOURCE="FP-1">30,000 pounds of motor gasoline for consumption.</FP> <FP SOURCE="FP-1">10,000 pounds of jet fuel sold to the US Air Force for use in military aircraft.</FP> <FP SOURCE="FP-1">10,000 pounds of aviation gasoline sold to a U.S. commuter airline for domestic flights.</FP> <FP SOURCE="FP-1">10,000 pounds of kerosene for exportation.</FP> <P>To the extent that the crude oils that entered production on Day 1 are attributed as the designated sources for the products removed on Day 30, the period of manufacture is Day 1 to Day 30. If the refiner chooses to attribute the crude oils that were admitted on Day 21 as the designated sources of the products removed on Day 30 using the production standards published in T.D. 66-16, the manufacturing period is Day 21 to Day 30. This choice will be important if a relative value calculation on the privileged foreign status crude oil is required, because the law requires the value used for computing the relative value to be the average per unit value of each product for the manufacturing period. Relative value must be calculated if a source feedstock is separated into two or more products that are removed from the subzone refinery. If the average per unit value for each product differs between the manufacturing period from Day 1 to Day 30 and the manufacturing period from Day 21 to Day 30, the correct period must be used in the calculation.</P> <P>In order to minimize duty liability, the refiner would try to attribute the production of the exported kerosene and the sale of the jet fuel to the US Air Force to the privileged foreign crude oils. For the same reason, the refiner would try to attribute the removed motor gasoline and the aviation gasoline for the commuter airline to the domestic crude oil.</P> <P>Accordingly, the refiner chooses to attribute up to 5,000 pounds of the domestic status class III crude as the source of the 10,000 pounds of aviation gasoline removed from the subzone refinery for the commuter airline. Since no other aviation gasoline could have been produced from the crude oils that were admitted into the refinery subzone Day 1, the refiner must attribute the remainder to the crude oils that entered production on Day 21. Again, using the production standards from T.D. 66-16, the class I crude could produce aviation gasoline in an amount up to 10,000 pounds (50,000 × .20). Likewise, the class IV crude oil could <PRTPAGE P="127"/>produce aviation gasoline in an amount up to 8,500 pounds (50,000 × .17).</P> <P>The refiner selects use of the class I crude as the source of the aviation gasoline. The refiner could attribute up to 27,300 pounds (35,000−5,000 × .91) of the domestic class III crude oil as the source of the motor gasoline. This would leave 2,700 pounds of domestic class III crude available for further production for other than aviation gasoline or motor gasoline. The remaining motor gasoline removed (also 2,700 pounds) must be attributed to a privileged foreign crude oil. The refiner selects the privileged foreign class II crude oil that entered production on Day 1 as the source for the remaining 2,700 pounds of motor gasoline.</P> <P>This would leave 32,300 pounds of privileged foreign class II crude oil available for further production, of which no more than 27,400 pounds could be designated as the source of motor gasoline. The refiner attributes the jet fuel that is removed from the refinery subzone for the US Air Force for use in military aircraft to the privileged foreign class II crude oil. The refiner could attribute up to 20,995 pounds of jet fuel from that class II crude oil (32,300 × .65). Designating that class II crude oil as the source of the 10,000 pounds of jet fuel leaves 22,300 pounds of privileged foreign class II crude oil available for further production, of which up to 10,995 pounds could be attributed as the source of the jet fuel. Because the motor gasoline and the jet fuel, under the foregoing attribution, would be considered to have been separated from the privileged foreign class II crude oil, a relative value calculation would be required.</P> <P>The jet fuel is eligible for removal from the subzone free of duty by virtue of 19 U.S.C. 1309(a)(1)(A). The refiner could attribute the privileged foreign class II crude oil as being the source of the 10,000 pounds of jet fuel (22,300 × .65). The refiner chooses to attribute the privileged foreign class III crude oil as the source of the jet fuel. The refiner could attribute to that class III crude oil up to 15,000 pounds of kerosene (30,000 × .50).</P> <HD SOURCE="HD1">II. Attribution on a FIFO Basis</HD> <FP SOURCE="FP-1">(Accounting for volume losses or gains by the weight method)</FP> <HD SOURCE="HD2">Day 1-5</HD> <P>Transfer, into the Refinery Subzone, from one or more storage tanks into process 150 barrels of Privileged Foreign (PF) Class II crude oil, equivalent to 50,000 pounds.</P> <HD SOURCE="HD2">Day 6</HD> <P>Removal from the refinery subzone 119 barrels of residual oils to customs territory, equivalent to 40,000 pounds.</P> <P>Since the operator uses the FIFO method of attribution, as the product is removed from the subzone, or consumed or lost within the subzone, attribution must be to the oldest feedstock available for attribution. Accordingly, the 40,000 pounds of residual oils will be attributed to 40,000 pounds of the PF Class II crude oil from Day 1-5.</P> <HD SOURCE="HD2">Day 10</HD> <P>Transfer, into the refinery subzone, from one or more storage tanks 4 barrels of domestic motor gasoline blend stock, equivalent to 1,000 pounds to motor gasoline blending tank.</P> <HD SOURCE="HD2">Day 6-15</HD> <P>Transfer, into the refinery subzone, from one or more storage tanks into process 320 barrels of Domestic Class III crude oil, equivalent to 100,000 pounds.</P> <HD SOURCE="HD2">Day 16</HD> <P>Removal from the refinery subzone 14 barrels of asphalt to customs territory, equivalent to 5,000 pounds.</P> <P>The 5,000 pounds of asphalt will be attributed to 5,000 pounds of PF Class II crude oil from Day 1-5.</P> <HD SOURCE="HD2">Day 17</HD> <P>Removal from the refinery subzone, 324 barrels of motor gasoline to customs territory, equivalent to 81,000 pounds.</P> <P>The 81,000 pounds of motor gasoline will be attributed to 1,000 pounds of domestic motor gasoline blend stock from Day 10, to the remaining 5,000 pounds of PF Class II crude oil from Day 1-5 and 75,000 pounds of domestic Class III crude oil from Day 6-15.</P> <HD SOURCE="HD2">Day 16-20</HD> <P>Transfer, into the refinery subzone, from one or more storage tanks into process 169 barrels of Privileged Foreign (PF) Class III crude oil, equivalent to 50,000 pounds.</P> <HD SOURCE="HD2">Day 22</HD> <P>Removal from the refinery subzone, 214 barrels of jet fuel for exportation, equivalent to 60,000 pounds.</P> <P>The 60,000 pounds of jet fuel will be attributed to the remaining 25,000 pounds of domestic Class III crude oil from Day 6-15 and 35,000 pounds of PF Class III crude oil from Day 16-20.</P> <HD SOURCE="HD2">Day 21-25</HD> <P>Transfer, into the refinery subzone from one or more storage tanks into process, 143 barrels of domestic Class I crude oil, equivalent to 50,000 pounds.</P> <HD SOURCE="HD2">Day 30 (End of the Manufacturing Period)</HD> <P>It is determined that during the manufacturing period just ended, that 34 barrels of <PRTPAGE P="128"/>fuel, equivalent to 10,000 pounds was consumed, and 5 barrels of oil, equivalent to 1,500 pounds was lost in the refining production process within the refinery subzone.</P> <P>The 10,000 pounds of fuel consumed will be attributed 10,000 pounds of PF Class III crude oil from Day 16-20. The 1,500 pounds of oil lost in the refining production process will be attributed to 1,500 pounds of PF Class III crude oil from Day 16-20. The remaining 3,500 pounds of PF Class III crude oil from Day 16-20 will be the first to be attributed during the next manufacturing period.</P> <HD SOURCE="HD1">III. Relative Value Calculation</HD> <P>Because privileged foreign feedstocks transferred into process during Day 1-5 and Day 16-20 have two or more products attributed to them, each feedstock will require a relative value calculation.</P> <P>Relative value calculation for UIN Day 1-5, 50,000 pounds, equivalent to 150 barrels.</P> <GPOTABLE CDEF="s50,10,10,10,10,10,10,10" COLS="8" OPTS="L2"> <BOXHD> <CHED H="1"/> <CHED H="1">A<LI>Lbs</LI> </CHED> <CHED H="1">B<LI>BBLS</LI> </CHED> <CHED H="1">C<LI>$/BBL</LI> </CHED> <CHED H="1">D<LI>Product value</LI> </CHED> <CHED H="1">E<LI>R.V.</LI> <LI>Factor</LI> </CHED> <CHED H="1">F<LI>R.V.</LI> <LI>BBL</LI> </CHED> <CHED H="1">G<LI>Dutiable</LI> <LI>BBL</LI> </CHED> </BOXHD> <ROW> <ENT I="01">Residual oil</ENT> <ENT>40,000</ENT> <ENT>119</ENT> <ENT>15.00</ENT> <ENT>1,785</ENT> <ENT>.9047</ENT> <ENT>108</ENT> <ENT>108</ENT> </ROW> <ROW> <ENT I="01">Asphalt</ENT> <ENT>5,000</ENT> <ENT>14</ENT> <ENT>13.00</ENT> <ENT>182</ENT> <ENT>.7840</ENT> <ENT>11</ENT> <ENT>11</ENT> </ROW> <ROW RUL="n,s"> <ENT I="01">Motor gasoline</ENT> <ENT>5,000</ENT> <ENT>20</ENT> <ENT>26.00</ENT> <ENT>520</ENT> <ENT>1.5682</ENT> <ENT>31</ENT> <ENT>31</ENT> </ROW> <ROW> <ENT I="04">Totals</ENT> <ENT>50,000</ENT> <ENT>153</ENT> <ENT/> <ENT>2,487</ENT> <ENT/> <ENT>150</ENT> <ENT>150</ENT> </ROW> <TNOTE>A=Pounds Attributed.</TNOTE> <TNOTE>B=Equivalent Barrels.</TNOTE> <TNOTE>C=Price of Product.</TNOTE> <TNOTE>D=B×C.</TNOTE> <TNOTE>E=C/(Total of Column D/Attributed Crude BBLS).</TNOTE> <TNOTE>Residual Oil RV Factor=15.00/(2,487/150)=.9047.</TNOTE> <TNOTE>F=B×E.</TNOTE> <TNOTE>G=Dutiable Barrels.</TNOTE> <TNOTE>Since all products attributed to the 50,000 pounds (150 BBLS) of PF Class II crude entered customs territory duty equals $7.88 (150×.0525).</TNOTE> <TNOTE>Feedstock factor calculation for UIN Day 16-20, 46,500 pounds equivalent to 157 barrels.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s50,10,10,10,10,10,10,10" COLS="8" OPTS="L2"> <BOXHD> <CHED H="1"/> <CHED H="1">Lbs</CHED> <CHED H="1">BBLS</CHED> <CHED H="1">$/BBL</CHED> <CHED H="1">Product value</CHED> <CHED H="1">Feedstock factor</CHED> <CHED H="1">R.V. BBL</CHED> <CHED H="1">Dutiable BBL</CHED> </BOXHD> <ROW> <ENT I="01">Jet Fuel</ENT> <ENT>35,000</ENT> <ENT>125</ENT> <ENT>27.00</ENT> <ENT>3,375</ENT> <ENT>1.1030</ENT> <ENT>138</ENT> <ENT>0</ENT> </ROW> <ROW> <ENT I="01">Fuel</ENT> <ENT>10,000</ENT> <ENT>34</ENT> <ENT>12.00</ENT> <ENT>408</ENT> <ENT>0.4902</ENT> <ENT>17</ENT> <ENT>0</ENT> </ROW> <ROW RUL="n,s"> <ENT I="01">Consumed Process Loss</ENT> <ENT>1,500</ENT> <ENT>5</ENT> <ENT>12.00</ENT> <ENT>60</ENT> <ENT>0.4902</ENT> <ENT>2</ENT> <ENT>0</ENT> </ROW> <ROW> <ENT I="04">Totals</ENT> <ENT>46,500</ENT> <ENT>164</ENT> <ENT/> <ENT>3,843</ENT> <ENT/> <ENT>157</ENT> <ENT>0</ENT> </ROW> <TNOTE>Since jet fuel was exported, no duty is applicable. Fuel consumed for refinery process was consumed within the subzone premises and did not enter customs territory, thus no duty is applicable (assume refinery not barred by duty-free consumption restriction). Likewise, the process loss occurred entirely within the subzone. Therefore, no duty is applicable.</TNOTE> </GPOTABLE> <HD SOURCE="HD1">IV. Attribution to Privileged Foreign Feedstock; Relative Value; Monthly Manufacturing Period, Weekly Entries, Attribution to a Prior Period; Volume Loss or Gain Shown by Volume Differences.</HD> <GPOTABLE CDEF="s200,7" COLS="2" OPTS="L0"> <TDESC>An operator who elects to attribute on a monthly basis files the following estimated removal of final products for the first week in September:</TDESC> <ROW> <ENT I="01">Jet Fuel (deemed exported on international flights)</ENT> <ENT>20,000</ENT> </ROW> <ROW> <ENT I="01">Gasoline—Domestic Consumption</ENT> <ENT>15,000</ENT> </ROW> <ROW> <ENT I="01">Duty-free certified as emergency war material</ENT> <ENT>10,000</ENT> </ROW> <ROW> <ENT I="01">Petroleum coke exportations</ENT> <ENT>10,000</ENT> </ROW> <ROW> <ENT I="01">Distillate for consumption</ENT> <ENT>5,000</ENT> </ROW> <ROW RUL="n,s"> <ENT I="01">Petrochemicals exported</ENT> <ENT>10,000</ENT> </ROW> <ROW> <ENT I="04">Total removals</ENT> <ENT>70,000</ENT> </ROW> <TNOTE>Because it does not elect to make attributions for feedstocks that were charged to operating units during the same week, the operator attributes the estimated removals to final products made during August from the following feedstocks:</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s200,7" COLS="2" OPTS="L0"> <ROW> <ENT I="01">Class II PF (privileged foreign) crude</ENT> <ENT>20,000</ENT> </ROW> <ROW> <ENT I="01">Class III PF crude</ENT> <ENT>35,000</ENT> </ROW> <ROW> <ENT I="01">Class III D (domestic) crude</ENT> <ENT>20,000</ENT> </ROW> <ROW RUL="n,s"> <ENT I="01">Class III NPF (nonprivileged foreign crude</ENT> <ENT>20,000</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>95,000</ENT> </ROW> <TNOTE>During August the operator produced from those feedstocks:</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s200,8" COLS="2" OPTS="L0"> <ROW> <ENT I="01">Jet</ENT> <ENT>35,000</ENT> </ROW> <ROW> <ENT I="01">Gasoline</ENT> <ENT>40,000</ENT> </ROW> <ROW> <ENT I="01">Petroleum Coke</ENT> <ENT>10,000</ENT> </ROW> <ROW> <ENT I="01">Distillate</ENT> <ENT>5,000</ENT> </ROW> <ROW RUL="n,s"> <ENT I="01">Petrochemicals</ENT> <ENT>15,000</ENT> </ROW> <ROW> <PRTPAGE P="129"/> <ENT I="22"/> <ENT>105,000</ENT> </ROW> <TNOTE>There is a gain of 105,000−95,000=10,000</TNOTE> <TNOTE>Using the tables in T.D. 66-16, the following choices are available for attribution:</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s50,10,10,10,10,10,10" COLS="7" OPTS="L2"> <BOXHD> <CHED H="1"/> <CHED H="1">Charged</CHED> <CHED H="1">Jet</CHED> <CHED H="1">Gasoline</CHED> <CHED H="1">Petrolum coke</CHED> <CHED H="1">Distillate</CHED> <CHED H="1">Petro-chemical</CHED> </BOXHD> <ROW> <ENT I="01">Class II PF Crude</ENT> <ENT>20,000</ENT> <ENT>13,000</ENT> <ENT>17,200</ENT> <ENT>4,400</ENT> <ENT>17,200</ENT> <ENT>5,000</ENT> </ROW> <ROW> <ENT I="01">Class III PF Crude</ENT> <ENT>35,000</ENT> <ENT>24,500</ENT> <ENT>31,850</ENT> <ENT>14,000</ENT> <ENT>31,150</ENT> <ENT>10,150</ENT> </ROW> <ROW> <ENT I="01">Class III D Crude</ENT> <ENT>20,000</ENT> <ENT>14,000</ENT> <ENT>18,200</ENT> <ENT>8,000</ENT> <ENT>17,800</ENT> <ENT>5,800</ENT> </ROW> <ROW> <ENT I="01">Class III NPF Crude</ENT> <ENT>20,000</ENT> <ENT>14,000</ENT> <ENT>18,200</ENT> <ENT>8,000</ENT> <ENT>17,800</ENT> <ENT>5,800</ENT> </ROW> <TNOTE>Feedstock factors are calculated:</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s100,10,10,10,10" COLS="5" OPTS="L2"> <BOXHD> <CHED H="1"/> <CHED H="1">Barrels</CHED> <CHED H="1">Value<LI>barrels</LI> </CHED> <CHED H="1">Value</CHED> <CHED H="1">Feedstock factors</CHED> </BOXHD> <ROW> <ENT I="01">Gasoline</ENT> <ENT>40,000</ENT> <ENT>$25</ENT> <ENT>$1,000,000</ENT> <ENT>.9117</ENT> </ROW> <ROW> <ENT I="01">Jet Fuel</ENT> <ENT>35,000</ENT> <ENT>23</ENT> <ENT>805,000</ENT> <ENT>.8388</ENT> </ROW> <ROW> <ENT I="01">Distillate</ENT> <ENT>5,000</ENT> <ENT>20</ENT> <ENT>100,000</ENT> <ENT>.7294</ENT> </ROW> <ROW> <ENT I="01">Petroleum Coke</ENT> <ENT>10,000</ENT> <ENT>10</ENT> <ENT>100,000</ENT> <ENT>.3647</ENT> </ROW> <ROW RUL="n,s"> <ENT I="01">Petrochemicals</ENT> <ENT>15,000</ENT> <ENT>40</ENT> <ENT>600,000</ENT> <ENT>1.4587</ENT> </ROW> <ROW RUL="n,s,s"> <ENT I="22"/> <ENT>105,000</ENT> <ENT/> <ENT>2,605,000</ENT> </ROW> <ROW RUL="n,s,s"> <ENT I="01">Gain</ENT> <ENT>−10,000</ENT> <ENT>$2,605,000</ENT> </ROW> <ROW> <ENT I="04">Total</ENT> <ENT> <SU>1</SU> 95,000</ENT> <ENT A="02">=$27.42 average value p/bbl</ENT> </ROW> <TNOTE>Using the feedstock factor the refiner makes the following attributions:</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s50,10,r100" COLS="3" OPTS="L0"> <ROW> <ENT I="01">Jet Fuel</ENT> <ENT>24,192</ENT> <ENT>(20,291 feedstock attributed to Class III PF Crude).</ENT> </ROW> <ROW RUL="n,s,n"> <ENT I="22"/> <ENT>10,808</ENT> <ENT>Class III NPF Crude (attribution of 9066 solely for purpose of accounting for the amount of NPF used).</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>35,000</ENT> </ROW> <ROW> <ENT I="02">Gasoline</ENT> <ENT>5,000</ENT> <ENT>(4,559 feedstock attributed to Class III PF Crude).</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>5,000</ENT> <ENT>Class III NPF Crude (attribution of 4599 solely for purpose of accounting for the amount of NPF used).</ENT> </ROW> <ROW RUL="n,s,n"> <ENT I="22"/> <ENT>15,000</ENT> <ENT>(13,676 feedstock attributed to Class III D Crude).</ENT> </ROW> <ROW> <ENT I="01">Petroleum Coke</ENT> <ENT>8,418</ENT> <ENT>(3,070 feedstock attributed to Class II PF Crude).</ENT> </ROW> <ROW RUL="n,s,n"> <ENT I="22"/> <ENT>1,582</ENT> <ENT>Class III NPF Crude (attribution of 577 solely for purposes of accounting for the amount of NPF used).</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>10,000</ENT> </ROW> <ROW> <ENT I="01">Distillate</ENT> <ENT>5,000</ENT> <ENT>(3,647 feedstock attributed to Class III Domestic).</ENT> </ROW> <ROW> <ENT I="01">Petrochemicals</ENT> <ENT>3,975</ENT> <ENT>(5,800 feedstock attributed to Class III NPF Crude).</ENT> </ROW> <ROW RUL="n,s,n"> <ENT I="22"/> <ENT>6,025</ENT> <ENT>(8,789 feedstock attributed to Class III PF Crude).</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>10,000</ENT> </ROW> </GPOTABLE> <HD SOURCE="HD1">V. Weekly Entry, Weekly Manufacturing Period, and Relative Values Calculated on the Actual Weighted Average Values at the End of the Week.</HD> <P>On the weekly estimated production CF 3461, the refiner is required to provide a pro forma invoice or schedule showing the number of units of each type of merchandise to be removed during the week and their zone and dutiable values. For example, on CF 3461 the refiner estimates the following shipments and relative values for the next week and files this on the preceding Friday.</P> <GPOTABLE CDEF="s150,12,12,12" COLS="4" OPTS="L2"> <BOXHD> <CHED H="1">Product week 1</CHED> <CHED H="1">PF shipments (MBBLS)</CHED> <CHED H="1">Value/barrel (platts)</CHED> <CHED H="1">Total value</CHED> </BOXHD> <ROW> <ENT I="01">Motor Gasoline</ENT> <ENT>20,000</ENT> <ENT>$35</ENT> <ENT>$700,000</ENT> </ROW> <ROW> <ENT I="01">Total Alkylate</ENT> <ENT>25,000</ENT> <ENT>35</ENT> <ENT>875,000</ENT> </ROW> <ROW> <ENT I="01">Heavy Reformate</ENT> <ENT>60,000</ENT> <ENT>35</ENT> <ENT>2,100,000</ENT> </ROW> <ROW> <ENT I="01">Reformer Feed</ENT> <ENT>110,000</ENT> <ENT>35</ENT> <ENT>3,850,000</ENT> </ROW> <ROW> <ENT I="01">Raffinates</ENT> <ENT>200,000</ENT> <ENT>35</ENT> <ENT>7,000,000</ENT> </ROW> <ROW RUL="n,s,n,s"> <ENT I="01">Jet Fuel</ENT> <ENT>200,000</ENT> <ENT>35</ENT> <ENT>7,000,000</ENT> </ROW> <ROW> <ENT I="04">Total</ENT> <ENT>615,000</ENT> <ENT/> <ENT>$21,525,000</ENT> </ROW> <TNOTE>Attributed Feedstock—Class III Crude: 615,000@ $105=$64,575 (estimated duties)</TNOTE> <TNOTE>During that week the refiner actually removes the following products and reports those on the CF 7501 filed within 10 business days after the CF 3461 is filed. Column 3 is the actual “weighted average” value for the manufacturing period, therefore, no reconciliation is necessary.</TNOTE> </GPOTABLE> <PRTPAGE P="130"/> <GPOTABLE CDEF="s50,12,12,12,12,12,12" COLS="7" OPTS="L2"> <BOXHD> <CHED H="1">1<LI>Product</LI> </CHED> <CHED H="1">2<LI>PF</LI> <LI>Shipments</LI> <LI>(mbbls)</LI> </CHED> <CHED H="1">3<LI>Value/</LI> <LI>barrel</LI> <LI>(wt. avg.)</LI> </CHED> <CHED H="1">4<LI>Total</LI> <LI>value</LI> <LI>(2)×(3)</LI> </CHED> <CHED H="1">5<LI>Relative</LI> <LI>value</LI> <LI>factor</LI> <LI>(3)/(8)</LI> </CHED> <CHED H="1">6<LI>Feedstock</LI> <LI>distribu.</LI> <LI>(5)×(2)</LI> </CHED> <CHED H="1">7<LI>Liq.</LI> <LI>duties</LI> <LI>(<E T="03">6</E>)×(10)</LI> <LI>(9)</LI> </CHED> </BOXHD> <ROW> <ENT I="11">Week 1:</ENT> </ROW> <ROW> <ENT I="03">Motor Gasoline</ENT> <ENT>19,977</ENT> <ENT>$35.70</ENT> <ENT>$713,179</ENT> <ENT>1.104545</ENT> <ENT>22,065</ENT> <ENT>$2,317</ENT> </ROW> <ROW> <ENT I="03">Total Alkylate</ENT> <ENT>22,907</ENT> <ENT>42.50</ENT> <ENT>973,548</ENT> <ENT>1.314935</ENT> <ENT>30,121</ENT> <ENT>3,163</ENT> </ROW> <ROW> <ENT I="03">Heavy Reformate</ENT> <ENT>58,164</ENT> <ENT>31.42</ENT> <ENT>1,827,513</ENT> <ENT>.972123</ENT> <ENT>56,542</ENT> <ENT>5,937</ENT> </ROW> <ROW> <ENT I="03">Reformer Feed</ENT> <ENT>100,279</ENT> <ENT>31.42</ENT> <ENT>3,150,766</ENT> <ENT>.972123</ENT> <ENT>97,484</ENT> <ENT>10,235</ENT> </ROW> <ROW> <ENT I="03">Raffinates</ENT> <ENT>170,293</ENT> <ENT>29.55</ENT> <ENT>5,032,158</ENT> <ENT>.914266</ENT> <ENT>155,693</ENT> <ENT>16,348</ENT> </ROW> <ROW RUL="n,s"> <ENT I="03">Jet Fuel</ENT> <ENT>168,433</ENT> <ENT>30.04</ENT> <ENT>5,059,727</ENT> <ENT>.929426</ENT> <ENT>156,546</ENT> <ENT>16,437</ENT> </ROW> <ROW> <ENT I="04">Total</ENT> <ENT>540,053</ENT> <ENT/> <ENT>16,756,891</ENT> <ENT/> <ENT>518,451</ENT> <ENT>54,437</ENT> </ROW> <ROW> <ENT I="22"/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>(9)</ENT> <ENT>(10)</ENT> </ROW> <TNOTE>Class III Crude Consumed 518,451×$.105 = $54,437</TNOTE> <TNOTE>Volumetric Gain 21,602</TNOTE> <TNOTE>Avg. Value/Barrel Crude Consumed=$16,756,891÷518,451=$32.321 (8)</TNOTE> <TNOTE>This example shows volumetric gain of 21,602 mbbls. However, in that PF was requested, liquidated duties are only on actual feedstock (class III crude) used in the refining process. (518,451 @ $.105=$54,437).</TNOTE> </GPOTABLE> <HD SOURCE="HD1">VI. Weekly Entry, Monthly Manufacturing Period, and Relative Values Calculated on the Actual Weighted Average Values at the End of the Month.</HD> <P>For example, on the CF 3461 the refiner estimates the following shipments and relative values for the next week and files this on the preceding Friday.</P> <GPOTABLE CDEF="s100,12,12,12" COLS="4" OPTS="L2"> <BOXHD> <CHED H="1">1<LI>Product</LI> </CHED> <CHED H="1">2<LI>PF</LI> <LI>shipments</LI> <LI>(mbbls)</LI> </CHED> <CHED H="1">3<LI>Value/</LI> <LI>barrel</LI> <LI>(platts)</LI> </CHED> <CHED H="1">4<LI>Total</LI> <LI>value</LI> </CHED> </BOXHD> <ROW> <ENT I="11">Week 1:</ENT> </ROW> <ROW> <ENT I="03">Motor Gasoline</ENT> <ENT>20,000</ENT> <ENT>$35</ENT> <ENT>$700,000</ENT> </ROW> <ROW> <ENT I="03">Total Alkylate</ENT> <ENT>25,000</ENT> <ENT>35</ENT> <ENT>875,000</ENT> </ROW> <ROW> <ENT I="03">Heavy Reformate</ENT> <ENT>60,000</ENT> <ENT>35</ENT> <ENT>2,100,000</ENT> </ROW> <ROW> <ENT I="03">Reformer Feed</ENT> <ENT>110,000</ENT> <ENT>35</ENT> <ENT>3,850,000</ENT> </ROW> <ROW> <ENT I="03">Raffinates</ENT> <ENT>200,000</ENT> <ENT>35</ENT> <ENT>7,000,000</ENT> </ROW> <ROW RUL="n,s,n,s"> <ENT I="03">Jet Fuel</ENT> <ENT>200,000</ENT> <ENT>35</ENT> <ENT>7,000,000</ENT> </ROW> <ROW> <ENT I="04">Total</ENT> <ENT>615,000</ENT> <ENT/> <ENT>21,525,000</ENT> </ROW> <TNOTE>Attributed Feedstock—Class III Crude: 615,000 @ $.105=$64,575 (estimated duties)</TNOTE> <TNOTE>During the week the refiner actually removes the following products and reports those on the CF 7501 filed within 10 business days after the CF 3461 is filed. The reported relative values may be an estimate based on Platts, prior period actual prices, or the refiner's transfer prices. For this example, the estimates are based on the refiner's actual transfer prices. Listed below are the data to be shown on the weekly CF 7501s with actual quantities shipped and estimated values for weeks 1-5.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s25,12,12,12,12,12,12" COLS="7" OPTS="L2"> <BOXHD> <CHED H="1">1<LI>Product</LI> </CHED> <CHED H="1">2<LI>PF</LI> <LI>shipments</LI> <LI>(mbbls)</LI> </CHED> <CHED H="1">3<LI>Value/</LI> <LI>barrel</LI> <LI>(estimates)</LI> </CHED> <CHED H="1">4<LI>Total</LI> <LI>value</LI> <LI>(2)×(3)</LI> </CHED> <CHED H="1">5<LI>Relative</LI> <LI>value</LI> <LI>factor</LI> <LI>(3)/(8)</LI> </CHED> <CHED H="1">6<LI>Feedstock</LI> <LI>distrib.</LI> <LI>(5)×(2)</LI> </CHED> <CHED H="1">7<LI>Liq.</LI> <LI>duties</LI> <LI>(<E T="03">6</E>)×(10)</LI> <LI>(9)</LI> </CHED> </BOXHD> <ROW> <ENT I="11">Week 1:</ENT> </ROW> <ROW> <ENT I="03">Motor Gasoline</ENT> <ENT>19,977</ENT> <ENT>$35.70</ENT> <ENT>$713,179</ENT> <ENT>1.104545</ENT> <ENT>22,065</ENT> <ENT>$2,317</ENT> </ROW> <ROW> <ENT I="03">Total Alkylate</ENT> <ENT>22,907</ENT> <ENT>42.50</ENT> <ENT>973,548</ENT> <ENT>1.314935</ENT> <ENT>30,121</ENT> <ENT>3,163</ENT> </ROW> <ROW> <ENT I="03">Heavy Reformate</ENT> <ENT>58,164</ENT> <ENT>31.42</ENT> <ENT>1,827,513</ENT> <ENT>.972123</ENT> <ENT>56,542</ENT> <ENT>5,937</ENT> </ROW> <ROW> <ENT I="03">Reformer Feed</ENT> <ENT>100,279</ENT> <ENT>31.42</ENT> <ENT>3,150,766</ENT> <ENT>.972123</ENT> <ENT>97,484</ENT> <ENT>10,235</ENT> </ROW> <ROW> <ENT I="03">Raffinates</ENT> <ENT>170,293</ENT> <ENT>29.55</ENT> <ENT>5,032,158</ENT> <ENT>.914266</ENT> <ENT>155,693</ENT> <ENT>16,348</ENT> </ROW> <ROW RUL="n,s"> <ENT I="03">Jet Fuel</ENT> <ENT>168,433</ENT> <ENT>30.04</ENT> <ENT>5,059,727</ENT> <ENT>.929426</ENT> <ENT>156,546</ENT> <ENT>16,437</ENT> </ROW> <ROW> <ENT I="04">Total</ENT> <ENT>540,053</ENT> <ENT/> <ENT>16,756,891</ENT> <ENT/> <ENT>518,451</ENT> <ENT>$54,437</ENT> </ROW> <ROW> <ENT I="22"/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>(9)</ENT> <ENT>(10)</ENT> </ROW> <TNOTE>Class III Crude Consumed 518,451×$.105=$54,437</TNOTE> <TNOTE>Volumetric Gain 21,602</TNOTE> <TNOTE>Avg. Value/Barrel Crude Consumed=$16,756,891÷518,451=$32.321 (8)</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s25,12,12,12,12,12,12" COLS="7" OPTS="L2"> <BOXHD> <CHED H="1">1<LI>Product</LI> </CHED> <CHED H="1">2<LI>PF</LI> <LI>shipments (mbbls)</LI> </CHED> <CHED H="1">3<LI>Value/</LI> <LI>barrel</LI> <LI>(estimated)</LI> </CHED> <CHED H="1">4<LI>Total</LI> <LI>value</LI> </CHED> <CHED H="1">5<LI>Relative</LI> <LI>value</LI> <LI>factor</LI> </CHED> <CHED H="1">6<LI>Feedstock</LI> <LI>distrib.</LI> </CHED> <CHED H="1">7<LI>Liq.</LI> <LI>duties</LI> </CHED> </BOXHD> <ROW> <ENT I="11">Week 2:</ENT> </ROW> <ROW> <ENT I="03">Motor Gasoline</ENT> <ENT>20,651</ENT> <ENT>$36.90</ENT> <ENT>$762,022</ENT> <ENT>1.145429</ENT> <ENT>23,654</ENT> <ENT>$2,484</ENT> </ROW> <ROW> <ENT I="03">Total Alkylate</ENT> <ENT>23,435</ENT> <ENT>44.25</ENT> <ENT>1,036,999</ENT> <ENT>1.373584</ENT> <ENT>32,190</ENT> <ENT>3,380</ENT> </ROW> <ROW> <ENT I="03">Heavy Reformate</ENT> <ENT>59,819</ENT> <ENT>30.35</ENT> <ENT>1,815,507</ENT> <ENT>.942108</ENT> <ENT>56,358</ENT> <ENT>5,918</ENT> </ROW> <ROW> <ENT I="03">Reformer Feed</ENT> <ENT>101,167</ENT> <ENT>30.10</ENT> <ENT>3,045,127</ENT> <ENT>.934347</ENT> <ENT>94,526</ENT> <ENT>9,925</ENT> </ROW> <ROW> <PRTPAGE P="131"/> <ENT I="03">Raffinates</ENT> <ENT>172,317</ENT> <ENT>29.30</ENT> <ENT>5,048,888</ENT> <ENT>.909514</ENT> <ENT>156,726</ENT> <ENT>16,456</ENT> </ROW> <ROW RUL="n,s"> <ENT I="03">Jet fuel</ENT> <ENT>165,291</ENT> <ENT>30.70</ENT> <ENT>5,074,434</ENT> <ENT>.952972</ENT> <ENT>157,519</ENT> <ENT>16,539</ENT> </ROW> <ROW> <ENT I="04">Total</ENT> <ENT>542,680</ENT> <ENT/> <ENT>$16,782,977</ENT> <ENT/> <ENT>520,973</ENT> <ENT>$54,702</ENT> </ROW> <TNOTE>Class III Crude Consumed 520,973×$.105 = $54,702</TNOTE> <TNOTE>Volumetric Gain 21,707</TNOTE> <TNOTE>Avg. Value/Barrel Crude Consumed = $32.215</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s25,12,12,12,12,12,12" COLS="7" OPTS="L2"> <BOXHD> <CHED H="1">1<LI>Product</LI> </CHED> <CHED H="1">2<LI>PF</LI> <LI>shipments (mbbls)</LI> </CHED> <CHED H="1">3<LI>Value/</LI> <LI>barrel</LI> <LI>(estimated)</LI> </CHED> <CHED H="1">4<LI>Total</LI> <LI>value</LI> </CHED> <CHED H="1">5<LI>Relative</LI> <LI>value</LI> <LI>factor</LI> </CHED> <CHED H="1">6<LI>Feedstock</LI> <LI>distrib.</LI> </CHED> <CHED H="1">7<LI>Liq.</LI> <LI>duties</LI> </CHED> </BOXHD> <ROW> <ENT I="11">Week 3:</ENT> </ROW> <ROW> <ENT I="03">Motor Gasoline</ENT> <ENT>18,689</ENT> <ENT>$34.90</ENT> <ENT>$652,246</ENT> <ENT>1.091819</ENT> <ENT>20,405</ENT> <ENT>$2,142</ENT> </ROW> <ROW> <ENT I="03">Total Alkylate</ENT> <ENT>21,511</ENT> <ENT>40.25</ENT> <ENT>865,818</ENT> <ENT>1.259190</ENT> <ENT>27,087</ENT> <ENT>2,844</ENT> </ROW> <ROW> <ENT I="03">Heavy Reformate</ENT> <ENT>57,371</ENT> <ENT>30.90</ENT> <ENT>1,772,764</ENT> <ENT>.966682</ENT> <ENT>55,460</ENT> <ENT>5,823</ENT> </ROW> <ROW> <ENT I="03">Reformer Feed</ENT> <ENT>99,707</ENT> <ENT>30.90</ENT> <ENT>3,080,946</ENT> <ENT>.966682</ENT> <ENT>96,386</ENT> <ENT>10,121</ENT> </ROW> <ROW> <ENT I="03">Raffinates</ENT> <ENT>168,112</ENT> <ENT>29.65</ENT> <ENT>4,984,521</ENT> <ENT>.927577</ENT> <ENT>155,938</ENT> <ENT>16,374</ENT> </ROW> <ROW RUL="n,s"> <ENT I="03">Jet Fuel</ENT> <ENT>172,092</ENT> <ENT>29.85</ENT> <ENT>5,136,946</ENT> <ENT>.933834</ENT> <ENT>160,707</ENT> <ENT>16,874</ENT> </ROW> <ROW> <ENT I="04">Total</ENT> <ENT>537,482</ENT> <ENT/> <ENT>$16,493,241</ENT> <ENT/> <ENT>515,983</ENT> <ENT>$54,178</ENT> </ROW> <TNOTE>Class III Crude Consumed 515,983 × $.105 = $54,178</TNOTE> <TNOTE>Volumetric Gain 21,499</TNOTE> <TNOTE>Avg. Value/Barrel Crude Consumed = $31.965</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s25,12,12,12,12,12,12" COLS="7" OPTS="L2"> <BOXHD> <CHED H="1">1<LI>Product</LI> </CHED> <CHED H="1">2<LI>PF</LI> <LI>shipments</LI> <LI>(mbbls)</LI> </CHED> <CHED H="1">3<LI>Value/</LI> <LI>barrel</LI> <LI>(estimated)</LI> </CHED> <CHED H="1">4<LI>Total</LI> <LI>value</LI> </CHED> <CHED H="1">5<LI>Relative</LI> <LI>value</LI> <LI>factor</LI> </CHED> <CHED H="1">6<LI>Feedstock</LI> <LI>distrib.</LI> </CHED> <CHED H="1">7<LI>Liq.</LI> <LI>duties</LI> </CHED> </BOXHD> <ROW> <ENT I="11">Week 4:</ENT> </ROW> <ROW> <ENT I="03">Motor Gasoline</ENT> <ENT>21,905</ENT> <ENT>$32.85</ENT> <ENT>$719,579</ENT> <ENT>1.027237</ENT> <ENT>22,502</ENT> <ENT>$2,363</ENT> </ROW> <ROW> <ENT I="03">Total Alkylate</ENT> <ENT>22,552</ENT> <ENT>38.75</ENT> <ENT>873,890</ENT> <ENT>1.211733</ENT> <ENT>27,327</ENT> <ENT>2,869</ENT> </ROW> <ROW> <ENT I="03">Heavy Reformate</ENT> <ENT>58,116</ENT> <ENT>29.60</ENT> <ENT>1,720,234</ENT> <ENT>0.925607</ENT> <ENT>53,791</ENT> <ENT>5,648</ENT> </ROW> <ROW> <ENT I="03">Reformer Feed</ENT> <ENT>101,058</ENT> <ENT>29.40</ENT> <ENT>2,971,105</ENT> <ENT>0.919353</ENT> <ENT>92,908</ENT> <ENT>9,755</ENT> </ROW> <ROW> <ENT I="03">Raffinates</ENT> <ENT>169,823</ENT> <ENT>30.15</ENT> <ENT>5,120,163</ENT> <ENT>0.942806</ENT> <ENT>160,110</ENT> <ENT>16,812</ENT> </ROW> <ROW RUL="n,s"> <ENT I="03">Jet Fuel</ENT> <ENT>171,493</ENT> <ENT>31.05</ENT> <ENT>5,324,858</ENT> <ENT>0.970949</ENT> <ENT>166,511</ENT> <ENT>17,484</ENT> </ROW> <ROW> <ENT I="04">Total</ENT> <ENT>544,947</ENT> <ENT/> <ENT>$16,729,829</ENT> <ENT/> <ENT>523,149</ENT> <ENT>$54,931</ENT> </ROW> <TNOTE>Class III Crude Consumed 523,149 × $.105 = $54,931</TNOTE> <TNOTE>Gain 21,798</TNOTE> <TNOTE>Avg. Value/Barrel Crude Consumed = $31.979</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s25,12,12,12,12,12,12" COLS="7" OPTS="L2"> <BOXHD> <CHED H="1">1<LI>Product</LI> </CHED> <CHED H="1">2<LI>PF</LI> <LI>shipments</LI> <LI>(mbbls)</LI> </CHED> <CHED H="1">3<LI>Value/</LI> <LI>barrel</LI> <LI>(estimated)</LI> </CHED> <CHED H="1">4<LI>Total</LI> <LI>value</LI> </CHED> <CHED H="1">5<LI>Relative</LI> <LI>value</LI> <LI>factor</LI> </CHED> <CHED H="1">6<LI>Feedstock</LI> <LI>distrib.</LI> </CHED> <CHED H="1">7<LI>Liq.</LI> <LI>duties</LI> </CHED> </BOXHD> <ROW> <ENT I="11">Week 5:</ENT> </ROW> <ROW> <ENT I="03">Motor Gasoline</ENT> <ENT>8,990</ENT> <ENT>$37.25</ENT> <ENT>$334,878</ENT> <ENT>1.136260</ENT> <ENT>10,215</ENT> <ENT>$1,073</ENT> </ROW> <ROW> <ENT I="03">Total Alkylate</ENT> <ENT>9,984</ENT> <ENT>45.10</ENT> <ENT>450,278</ENT> <ENT>1.375713</ENT> <ENT>13,735</ENT> <ENT>1,442</ENT> </ROW> <ROW> <ENT I="03">Heavy Reformate</ENT> <ENT>25,351</ENT> <ENT>31.50</ENT> <ENT>798,557</ENT> <ENT>0.960864</ENT> <ENT>24,360</ENT> <ENT>2,558</ENT> </ROW> <ROW> <ENT I="03">Reformer Feed</ENT> <ENT>43,492</ENT> <ENT>31.35</ENT> <ENT>1,363,474</ENT> <ENT>0.956288</ENT> <ENT>41,592</ENT> <ENT>4,367</ENT> </ROW> <ROW> <ENT I="03">Raffinates</ENT> <ENT>75,172</ENT> <ENT>29.95</ENT> <ENT>2,251,401</ENT> <ENT>0.913583</ENT> <ENT>68,677</ENT> <ENT>7,211</ENT> </ROW> <ROW RUL="n,s"> <ENT I="03">Jet fuel</ENT> <ENT>75,795</ENT> <ENT>30.56</ENT> <ENT>2,316,295</ENT> <ENT>0.932190</ENT> <ENT>70,654</ENT> <ENT>7,418</ENT> </ROW> <ROW> <ENT I="04">Total</ENT> <ENT>238,784</ENT> <ENT/> <ENT>$7,514,883</ENT> <ENT/> <ENT>229,233</ENT> <ENT>$24,069</ENT> </ROW> <TNOTE>Class III Crude Consumed 229,233 × $.105 = $24,069</TNOTE> <TNOTE>Gain 9,551</TNOTE> <TNOTE>Avg. Value/Barrel Crude Consumed = $32.783</TNOTE> <TNOTE>As provided in the regulations, the refiner files an amended CF 7501 for each week based on the refiner's actual weighted average values for the month, as shown below.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s200,10" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">Product</CHED> <CHED H="1">Value/ barrel (MBBLS)</CHED> </BOXHD> <ROW> <ENT I="11">Month End:</ENT> </ROW> <ROW> <ENT I="03">Motor Gasoline</ENT> <ENT>$35.27</ENT> </ROW> <ROW> <ENT I="03">Total Alkylate</ENT> <ENT>41.84</ENT> </ROW> <ROW> <ENT I="03">Heavy Reformate</ENT> <ENT>30.66</ENT> </ROW> <ROW> <ENT I="03">Reformer Feed</ENT> <ENT>30.54</ENT> </ROW> <ROW> <PRTPAGE P="132"/> <ENT I="03">Raffinates</ENT> <ENT>29.69</ENT> </ROW> <ROW> <ENT I="03">Jet Fuel</ENT> <ENT>30.42</ENT> </ROW> </GPOTABLE> <GPOTABLE CDEF="s25,12,12,12,12,12,12" COLS="7" OPTS="L2"> <TTITLE>Reconciliation of Week 1 Using Month's End Actual Weighted Average Values</TTITLE> <BOXHD> <CHED H="1">1<LI>Product</LI> </CHED> <CHED H="1">2<LI>PF</LI> <LI>shipments</LI> <LI>(mbbls)</LI> </CHED> <CHED H="1">3<LI>Value/</LI> <LI>barrel</LI> <LI>(wt. avg.)</LI> <LI>actual</LI> </CHED> <CHED H="1">4<LI>Total</LI> <LI>value</LI> <LI>(2)×(3)</LI> </CHED> <CHED H="1">5<LI>Relative</LI> <LI>value</LI> <LI>factor</LI> <LI>(3)/(8)</LI> </CHED> <CHED H="1">6<LI>Feedstock</LI> <LI>distri.</LI> <LI>(5)×(2)</LI> </CHED> <CHED H="1">7<LI>Amended</LI> <LI>wt. avg.</LI> <LI>duties</LI> <LI>(<E T="03">6</E>)×(10)</LI> <LI>(9)</LI> </CHED> </BOXHD> <ROW> <ENT I="01">Motor Gasoline</ENT> <ENT>19,977</ENT> <ENT>$35.27</ENT> <ENT>$704,589</ENT> <ENT>1.095716</ENT> <ENT>21,889</ENT> <ENT>$2,298</ENT> </ROW> <ROW> <ENT I="01">Total Alkylate</ENT> <ENT>22,907</ENT> <ENT>41.84</ENT> <ENT>958,429</ENT> <ENT>1.299823</ENT> <ENT>29,775</ENT> <ENT>3,126</ENT> </ROW> <ROW> <ENT I="01">Heavy Reformate</ENT> <ENT>58,164</ENT> <ENT>30.66</ENT> <ENT>1,783,308</ENT> <ENT>.952499</ENT> <ENT>55,401</ENT> <ENT>5,817</ENT> </ROW> <ROW> <ENT I="01">Reformer Feed</ENT> <ENT>100,279</ENT> <ENT>30.54</ENT> <ENT>3,062,521</ENT> <ENT>.948771</ENT> <ENT>95,141</ENT> <ENT>9,990</ENT> </ROW> <ROW> <ENT I="01">Raffinates</ENT> <ENT>170,293</ENT> <ENT>29.69</ENT> <ENT>5,055,999</ENT> <ENT>.922365</ENT> <ENT>157,072</ENT> <ENT>16,493</ENT> </ROW> <ROW RUL="n,s"> <ENT I="01">Jet Fuel</ENT> <ENT>168,433</ENT> <ENT>30.42</ENT> <ENT>5,123,732</ENT> <ENT>.945043</ENT> <ENT>159,176</ENT> <ENT>16,713</ENT> </ROW> <ROW> <ENT I="03">Total</ENT> <ENT>540,053</ENT> <ENT/> <ENT>$16,688,578</ENT> <ENT/> <ENT>518,454</ENT> <ENT>54,437</ENT> </ROW> <ROW> <ENT I="22"/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>(9)</ENT> <ENT>(10)</ENT> </ROW> <TNOTE>Class III Crude Consumed = 518,454 × $.105 = $54,437</TNOTE> <TNOTE>Volumetric Gain 21,599</TNOTE> <TNOTE>Avg.Value/Bbl Crude Consumed = $16,688,578 ÷ 518,454 = $32.189 (8)</TNOTE> <TNOTE>Note: No change in amended total duties, because duty is computed on total quantity of class III crude used. The difference is amongst the various products, <E T="03">i.e.</E>, estimated weekly CF 7501 duties paid for Motor Gasoline was $2,317, while the reconciled amount as shown above is $2,298. Additional duties owed or refunds due would depend on the reconciliation of the weekly entry as an entirety.</TNOTE> </GPOTABLE> <HD SOURCE="HD1">VII. Weekly entry, monthly manufacturing period, relative values calculated on prior manufacturing period's actual weighted average values. The prior period (PP) values are set forth below:</HD> <GPOTABLE CDEF="s200,12" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">Product</CHED> <CHED H="1">Value/Barrel<LI>(wt. avg.)</LI> </CHED> </BOXHD> <ROW> <ENT I="01">Motor Gasoline</ENT> <ENT>§ 35.28</ENT> </ROW> <ROW> <ENT I="01">Total Alkylate</ENT> <ENT>41.90</ENT> </ROW> <ROW> <ENT I="01">Heavy Reformate</ENT> <ENT>31.78</ENT> </ROW> <ROW> <ENT I="01">Reformer Feed</ENT> <ENT>30.02</ENT> </ROW> <ROW> <ENT I="01">Raffinates</ENT> <ENT>31.10</ENT> </ROW> <ROW> <ENT I="01">Jet Fuel</ENT> <ENT>28.80</ENT> </ROW> <TNOTE>Thereafter, the information provided or both the CF 3461 and CF 7501 filed for each weekly entry with respect to relative values would remain the same. The only estimated amount would be the quantity to be removed on the CF 3461 as shown below. On the CF 3461 the refiner estimates the following shipments and uses a prior manufacturing period's actual weighted average values.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s200,12,12,12" COLS="4" OPTS="L2"> <BOXHD> <CHED H="1">1<LI>Product</LI> </CHED> <CHED H="1">2<LI>PF</LI> <LI>shipments</LI> <LI>(mbbls)</LI> </CHED> <CHED H="1">3<LI>Value/</LI> <LI>barrel</LI> <LI>(PP) (wt. avg.)</LI> </CHED> <CHED H="1">4<LI>Total</LI> <LI>value</LI> </CHED> </BOXHD> <ROW> <ENT I="11">Week 1</ENT> </ROW> <ROW> <ENT I="03">Motor Gasoline</ENT> <ENT>20,000</ENT> <ENT>$35.28</ENT> <ENT>$705,600</ENT> </ROW> <ROW> <ENT I="03">Total Alkylate</ENT> <ENT>25,000</ENT> <ENT>41.90</ENT> <ENT>1,047,500</ENT> </ROW> <ROW> <ENT I="03">Heavy Reformate</ENT> <ENT>60,000</ENT> <ENT>31.78</ENT> <ENT>1,906,800</ENT> </ROW> <ROW> <ENT I="03">Reformer Feed</ENT> <ENT>110,000</ENT> <ENT>30.02</ENT> <ENT>3,302,200</ENT> </ROW> <ROW> <ENT I="03">Raffinates</ENT> <ENT>200,000</ENT> <ENT>31.10</ENT> <ENT>6,220,000</ENT> </ROW> <ROW RUL="n,s"> <ENT I="03">Jet Fuel</ENT> <ENT>200,000</ENT> <ENT>28.80</ENT> <ENT>5,760,000</ENT> </ROW> <ROW> <ENT I="04">Total</ENT> <ENT>615,000</ENT> <ENT/> <ENT>18,942,100</ENT> </ROW> <TNOTE>Attributed Feedstock—Class III Crude: 615,000 @ $.105 = $64,575 (estimated duties)</TNOTE> <TNOTE>On the CF 7501, the refiner reports the following shipments and uses a prior manufacturing period's actual average values.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s25,12,12,12,12,12,12" COLS="7" OPTS="L2"> <BOXHD> <CHED H="1">1<LI>Product</LI> </CHED> <CHED H="1">2<LI>PF shipments</LI> <LI>(mbbls)</LI> </CHED> <CHED H="1">3<LI>Value/</LI> <LI>barrel</LI> <LI>(PP)</LI> <LI>(wt. avg.)</LI> </CHED> <CHED H="1">4<LI>Total</LI> <LI>value</LI> <LI>(2)×(3)</LI> </CHED> <CHED H="1">5<LI>Relative</LI> <LI>value</LI> <LI>factor</LI> <LI>(3)/(8)</LI> </CHED> <CHED H="1">6<LI>Feedstock</LI> <LI>distri.</LI> <LI>(5)×(2)</LI> </CHED> <CHED H="1">7<LI>Liq.</LI> <LI>duties</LI> <LI>(<E T="03">6</E>)×(10)</LI> <LI>(9)</LI> </CHED> </BOXHD> <ROW> <ENT I="11">Week 1:</ENT> </ROW> <ROW> <ENT I="03">Motor Gasoline</ENT> <ENT>19,977</ENT> <ENT>$35.28</ENT> <ENT>$704,789</ENT> <ENT>1.097219</ENT> <ENT>21,919</ENT> <ENT>$2,902</ENT> </ROW> <ROW> <ENT I="03">Total Alkylate</ENT> <ENT>22,907</ENT> <ENT>41.90</ENT> <ENT>959,803</ENT> <ENT>1.303104</ENT> <ENT>29,850</ENT> <ENT>3,134</ENT> </ROW> <ROW> <ENT I="03">Heavy Reformate</ENT> <ENT>58,164</ENT> <ENT>31.78</ENT> <ENT>1,848,452</ENT> <ENT>.988368</ENT> <ENT>57,486</ENT> <ENT>6,036</ENT> </ROW> <ROW> <PRTPAGE P="133"/> <ENT I="03">Reformer Feed</ENT> <ENT>100,279</ENT> <ENT>30.02</ENT> <ENT>3,010,376</ENT> <ENT>.933632</ENT> <ENT>93,623</ENT> <ENT>9,830</ENT> </ROW> <ROW> <ENT I="03">Raffinates</ENT> <ENT>170,293</ENT> <ENT>31.10</ENT> <ENT>5,296,112</ENT> <ENT>.967220</ENT> <ENT>164,710</ENT> <ENT>17,295</ENT> </ROW> <ROW RUL="n,s"> <ENT I="03">Jet Fuel</ENT> <ENT>168,433</ENT> <ENT>28.80</ENT> <ENT>4,850,870</ENT> <ENT>.895689</ENT> <ENT>150,863</ENT> <ENT>15,840</ENT> </ROW> <ROW> <ENT I="04">Total</ENT> <ENT>540,053</ENT> <ENT/> <ENT>$16,670,402</ENT> <ENT/> <ENT>518,451</ENT> <ENT>$54,437</ENT> </ROW> <ROW> <ENT I="22"/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>(9)</ENT> <ENT>(10)</ENT> </ROW> <TNOTE>Class III Crude Used 518,451 × $.105 = $54,437</TNOTE> <TNOTE>Volumetric Gain 21,602</TNOTE> <TNOTE>Avg. Value/Barrel Crude Used = $16,670,402 ÷ 518,451 = $32.154 (8)</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s25,12,12,12,12,12,12" COLS="7" OPTS="L2"> <BOXHD> <CHED H="1">1<LI>Product</LI> </CHED> <CHED H="1">2<LI>PF</LI> <LI>shipments</LI> <LI>(mbbls)</LI> </CHED> <CHED H="1">3<LI>Value/</LI> <LI>barrel</LI> <LI>(PP)</LI> <LI>(wt. avg.)</LI> </CHED> <CHED H="1">4<LI>Total</LI> <LI>value</LI> </CHED> <CHED H="1">5<LI>Relative</LI> <LI>value</LI> <LI>factor</LI> </CHED> <CHED H="1">6<LI>Feedstock</LI> <LI>distri.</LI> </CHED> <CHED H="1">7<LI>Liq.</LI> <LI>duties</LI> </CHED> </BOXHD> <ROW> <ENT I="11">Week 2:</ENT> </ROW> <ROW> <ENT I="03">Motor Gasoline</ENT> <ENT>20,651</ENT> <ENT>$35.28</ENT> <ENT>$728,567</ENT> <ENT>1.096128</ENT> <ENT>22,636</ENT> <ENT>$2,377</ENT> </ROW> <ROW> <ENT I="03">Total Alkylate</ENT> <ENT>23,435</ENT> <ENT>41.90</ENT> <ENT>981,926</ENT> <ENT>1.301808</ENT> <ENT>30,508</ENT> <ENT>3,203</ENT> </ROW> <ROW> <ENT I="03">Heavy Reformate</ENT> <ENT>59,819</ENT> <ENT>31.78</ENT> <ENT>1,901,048</ENT> <ENT>.987386</ENT> <ENT>59,064</ENT> <ENT>6,202</ENT> </ROW> <ROW> <ENT I="03">Reformer Feed</ENT> <ENT>101,167</ENT> <ENT>30.02</ENT> <ENT>3,037,033</ENT> <ENT>.932704</ENT> <ENT>94,359</ENT> <ENT>9,908</ENT> </ROW> <ROW> <ENT I="03">Raffinates</ENT> <ENT>172,317</ENT> <ENT>31.10</ENT> <ENT>5,359,059</ENT> <ENT>.966259</ENT> <ENT>166,503</ENT> <ENT>17,483</ENT> </ROW> <ROW RUL="n,s"> <ENT I="03">Jet Fuel</ENT> <ENT>165,291</ENT> <ENT>28.80</ENT> <ENT>4,760,381</ENT> <ENT>.894799</ENT> <ENT>147,903</ENT> <ENT>15,529</ENT> </ROW> <ROW> <ENT I="04">Total</ENT> <ENT>542,680</ENT> <ENT/> <ENT>16,768,014</ENT> <ENT/> <ENT>520,973</ENT> <ENT>54,702</ENT> </ROW> <TNOTE>Class III Crude Used 520,973×$.105=$54,702</TNOTE> <TNOTE>Volumetric Gain 21,707</TNOTE> <TNOTE>Avg. Value/Barrel Crude Used=$32.186</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s25,12,12,12,12,12,12" COLS="7" OPTS="L2"> <BOXHD> <CHED H="1">1<LI>Product</LI> </CHED> <CHED H="1">2<LI>PF</LI> <LI>shipments</LI> <LI>(mbbls)</LI> </CHED> <CHED H="1">3<LI>Value/</LI> <LI>barrel</LI> <LI>(PP)</LI> <LI>(wt. avg.)</LI> </CHED> <CHED H="1">4<LI>Total</LI> <LI>value</LI> </CHED> <CHED H="1">5<LI>Relative</LI> <LI>value</LI> <LI>factor</LI> </CHED> <CHED H="1">6<LI>Feedstock</LI> <LI>distri.</LI> </CHED> <CHED H="1">7<LI>Liq.</LI> <LI>duties</LI> </CHED> </BOXHD> <ROW> <ENT I="11">Week 3:</ENT> </ROW> <ROW> <ENT I="03">Motor Gasoline</ENT> <ENT>18,689</ENT> <ENT>$35.28</ENT> <ENT>$659,348</ENT> <ENT>1.099168</ENT> <ENT>20,542</ENT> <ENT>$2,157</ENT> </ROW> <ROW> <ENT I="03">Total Alkylate</ENT> <ENT>21,511</ENT> <ENT>41.90</ENT> <ENT>901,311</ENT> <ENT>1.305418</ENT> <ENT>28,081</ENT> <ENT>2,948</ENT> </ROW> <ROW> <ENT I="03">Heavy Reformate</ENT> <ENT>57,371</ENT> <ENT>31.78</ENT> <ENT>1,823,250</ENT> <ENT>.990124</ENT> <ENT>56,803</ENT> <ENT>5,964</ENT> </ROW> <ROW> <ENT I="03">Reformer Feed</ENT> <ENT>99,707</ENT> <ENT>30.02</ENT> <ENT>2,993,204</ENT> <ENT>.935290</ENT> <ENT>93,254</ENT> <ENT>9,792</ENT> </ROW> <ROW> <ENT I="03">Raffinates</ENT> <ENT>168,112</ENT> <ENT>31.10</ENT> <ENT>5,228,283</ENT> <ENT>.968938</ENT> <ENT>162,889</ENT> <ENT>17,103</ENT> </ROW> <ROW RUL="n,s"> <ENT I="03">Jet Fuel</ENT> <ENT>172,092</ENT> <ENT>28.80</ENT> <ENT>4,956,250</ENT> <ENT>.897280</ENT> <ENT>154,414</ENT> <ENT>16,214</ENT> </ROW> <ROW> <ENT I="04">Total</ENT> <ENT>537,482</ENT> <ENT/> <ENT>16,561,646</ENT> <ENT/> <ENT>515,983</ENT> <ENT>54,178</ENT> </ROW> <TNOTE>Class III Crude Used 515,983×$.105=$54,178</TNOTE> <TNOTE>Volumetric Gain 21,499</TNOTE> <TNOTE>Avg. Value/Barrel Crude Used=$32.097</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s25,12,12,12,12,12,12" COLS="7" OPTS="L2"> <BOXHD> <CHED H="1">1<LI>Product</LI> </CHED> <CHED H="1">2<LI>PF</LI> <LI>shipments</LI> <LI>(mbbls)</LI> </CHED> <CHED H="1">3<LI>Value/</LI> <LI>barrel</LI> <LI>(PP)</LI> <LI>(wt. avg.)</LI> </CHED> <CHED H="1">4<LI>Total</LI> <LI>value</LI> </CHED> <CHED H="1">5<LI>Relative</LI> <LI>value</LI> <LI>factor</LI> </CHED> <CHED H="1">6<LI>Feedstock</LI> <LI>distri.</LI> </CHED> <CHED H="1">7<LI>Liq.</LI> <LI>duties</LI> </CHED> </BOXHD> <ROW> <ENT I="11">Week 4:</ENT> </ROW> <ROW> <ENT I="03">Motor Gasoline</ENT> <ENT>21,905</ENT> <ENT>$35.28</ENT> <ENT>$772,808</ENT> <ENT>1.097390</ENT> <ENT>24,038</ENT> <ENT>$2,524</ENT> </ROW> <ROW> <ENT I="03">Total Alkylate</ENT> <ENT>22,552</ENT> <ENT>41.90</ENT> <ENT>944,929</ENT> <ENT>1.303306</ENT> <ENT>29,391</ENT> <ENT>3,086</ENT> </ROW> <ROW> <ENT I="03">Heavy Reformate</ENT> <ENT>58,116</ENT> <ENT>31.78</ENT> <ENT>1,846,926</ENT> <ENT>.988522</ENT> <ENT>57,447</ENT> <ENT>6,032</ENT> </ROW> <ROW> <ENT I="03">Reformer Feed</ENT> <ENT>101,058</ENT> <ENT>30.02</ENT> <ENT>3,033,761</ENT> <ENT>.933777</ENT> <ENT>94,365</ENT> <ENT>9,908</ENT> </ROW> <ROW> <ENT I="03">Raffinates</ENT> <ENT>169,823</ENT> <ENT>31.10</ENT> <ENT>5,281,495</ENT> <ENT>.967371</ENT> <ENT>164,281</ENT> <ENT>17,250</ENT> </ROW> <ROW RUL="n,s"> <ENT I="03">Jet Fuel</ENT> <ENT>171,493</ENT> <ENT>28.80</ENT> <ENT>4,938,998</ENT> <ENT>.895829</ENT> <ENT>153,627</ENT> <ENT>16,131</ENT> </ROW> <ROW> <ENT I="04">Total</ENT> <ENT>544,947</ENT> <ENT/> <ENT>16,818,917</ENT> <ENT/> <ENT>523,149</ENT> <ENT>54,931</ENT> </ROW> <TNOTE>Class III Crude Used 523,149×$.105=$54,931</TNOTE> <TNOTE>Volumetric Gain 21,798</TNOTE> <TNOTE>Avg. Value/Barrel Crude Used=$32.149</TNOTE> </GPOTABLE> <PRTPAGE P="134"/> <GPOTABLE CDEF="s25,12,12,12,12,12,12" COLS="7" OPTS="L2"> <BOXHD> <CHED H="1">1<LI>Product</LI> </CHED> <CHED H="1">2<LI>PF</LI> <LI>shipments</LI> <LI>(mbbls)</LI> </CHED> <CHED H="1">3<LI>Value/</LI> <LI>barrel</LI> <LI>(PP)</LI> <LI>(wt. avg.)</LI> </CHED> <CHED H="1">4<LI>Total</LI> <LI>value</LI> </CHED> <CHED H="1">5<LI>Relative</LI> <LI>value</LI> <LI>factor</LI> </CHED> <CHED H="1">6<LI>Feedstock</LI> <LI>distri.</LI> </CHED> <CHED H="1">7<LI>Liq.</LI> <LI>duties</LI> </CHED> </BOXHD> <ROW> <ENT I="11">Week 5:</ENT> </ROW> <ROW> <ENT I="03">Motor Gasoline</ENT> <ENT>8,990</ENT> <ENT>$35.28</ENT> <ENT>$317,167</ENT> <ENT>1.097698</ENT> <ENT>9,868</ENT> <ENT>$1,036</ENT> </ROW> <ROW> <ENT I="03">Total Alkylate</ENT> <ENT>9,984</ENT> <ENT>41.90</ENT> <ENT>418,330</ENT> <ENT>1.303671</ENT> <ENT>13,016</ENT> <ENT>1,367</ENT> </ROW> <ROW> <ENT I="03">Heavy Reformate</ENT> <ENT>25,351</ENT> <ENT>31.78</ENT> <ENT>805,655</ENT> <ENT>.988799</ENT> <ENT>25,067</ENT> <ENT>2,632</ENT> </ROW> <ROW> <ENT I="03">Reformer Feed</ENT> <ENT>43,492</ENT> <ENT>30.02</ENT> <ENT>1,305,630</ENT> <ENT>.934039</ENT> <ENT>40,623</ENT> <ENT>4,265</ENT> </ROW> <ROW> <ENT I="03">Raffinates</ENT> <ENT>75,172</ENT> <ENT>31.10</ENT> <ENT>2,337,849</ENT> <ENT>.967642</ENT> <ENT>72,740</ENT> <ENT>7,638</ENT> </ROW> <ROW RUL="n,s"> <ENT I="03">Jet Fuel</ENT> <ENT>75,795</ENT> <ENT>28.80</ENT> <ENT>2,182,896</ENT> <ENT>.896080</ENT> <ENT>67,919</ENT> <ENT>7,131</ENT> </ROW> <ROW> <ENT I="04">Total</ENT> <ENT>238,784</ENT> <ENT/> <ENT>7,367,527</ENT> <ENT/> <ENT>229,233</ENT> <ENT>24,069</ENT> </ROW> <TNOTE>Class III Crude Used 229,233×$.105=$24,069</TNOTE> <TNOTE>Volumetric Gain 9,551</TNOTE> <TNOTE>Avg. Value/Barrel Crude Used=$32.14</TNOTE> <TNOTE>At the end of the month, the refiner must calculate its actual weighted average values for use in the subsequent period.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s25,12,12,12,12,12,12" COLS="7" OPTS="L2"> <TTITLE>Reconciliation of Relative Value for the Subsequent Period</TTITLE> <BOXHD> <CHED H="1">1<LI>Product</LI> </CHED> <CHED H="1">2<LI>PF</LI> <LI>shipments</LI> <LI>(mbbls)</LI> </CHED> <CHED H="1">3<LI>Value/</LI> <LI>barrel</LI> <LI>(PP)</LI> <LI>(wt. avg.)</LI> </CHED> <CHED H="1">4<LI>Total</LI> <LI>value</LI> <LI>(2×3)</LI> </CHED> <CHED H="1">5<LI>Relative</LI> <LI>value</LI> <LI>factor</LI> <LI>(3)/(8)</LI> </CHED> <CHED H="1">6<LI>Feedstock</LI> <LI>distri.</LI> <LI>(5×2)</LI> </CHED> <CHED H="1">7<LI>Liq.</LI> <LI>duties</LI> <LI>(6×(10)</LI> <LI>(9)</LI> </CHED> </BOXHD> <ROW> <ENT I="11">Month End:</ENT> </ROW> <ROW> <ENT I="03">Motor Gasoline</ENT> <ENT>90,212</ENT> <ENT>$35.27</ENT> <ENT>$3,181,777</ENT> <ENT>1.095682</ENT> <ENT>98,844</ENT> <ENT>$10,379</ENT> </ROW> <ROW> <ENT I="03">Total Alkylate</ENT> <ENT>100,389</ENT> <ENT>41.84</ENT> <ENT>4,200,276</ENT> <ENT>1.299783</ENT> <ENT>130,484</ENT> <ENT>13,701</ENT> </ROW> <ROW> <ENT I="03">Heavy Reformate</ENT> <ENT>258,821</ENT> <ENT>30.66</ENT> <ENT>7,935,452</ENT> <ENT>.952470</ENT> <ENT>246,519</ENT> <ENT>25,885</ENT> </ROW> <ROW> <ENT I="03">Reformer Feed</ENT> <ENT>445,703</ENT> <ENT>30.54</ENT> <ENT>13,611,770</ENT> <ENT>.948742</ENT> <ENT>422,857</ENT> <ENT>44,400</ENT> </ROW> <ROW> <ENT I="03">Raffinates</ENT> <ENT>755,717</ENT> <ENT>29.69</ENT> <ENT>22,437,238</ENT> <ENT>.922336</ENT> <ENT>697,025</ENT> <ENT>73,188</ENT> </ROW> <ROW RUL="n,s"> <ENT I="03">Jet Fuel</ENT> <ENT>753,104</ENT> <ENT>30.42</ENT> <ENT>22,909,424</ENT> <ENT>.945014</ENT> <ENT>711,694</ENT> <ENT>74,726</ENT> </ROW> <ROW> <ENT I="04">Total</ENT> <ENT>2,403,946</ENT> <ENT/> <ENT>74,275,937</ENT> <ENT/> <ENT>2,307,423</ENT> <ENT>242,279</ENT> </ROW> <ROW> <ENT I="22"/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>(9)</ENT> <ENT>(10)</ENT> </ROW> <TNOTE>Class III Crude Used 2,307,423×$.105=$242,279</TNOTE> <TNOTE>Volumetric Gain 96,523</TNOTE> <TNOTE>Avg. Value/Barrel Crude Used=$74,275,937÷2,307,423=$32.19 (8)</TNOTE> <TNOTE>Note: Actual monthly reconciliation data could result in attributions on a product basis that are less than or greater than weekly distributions. This is due to the “weighing” of the data <E T="03">i.e.</E>, motor gasoline on a weekly basis was $10,996 as compared to $10,379 as above. No additional duties are due to the averaging.</TNOTE> </GPOTABLE> </APPENDIX> </SUBPART> </PART> <PART> <EAR>Pt. 147</EAR> <HD SOURCE="HED">PART 147—TRADE FAIRS</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>147.0</SECTNO> <SUBJECT>Scope.</SUBJECT> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECTNO>147.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>147.2</SECTNO> <SUBJECT>Articles which may be entered for a fair.</SUBJECT> <SECTNO>147.3</SECTNO> <SUBJECT>Bond required.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Procedure for Importation</HD> <SECTNO>147.11</SECTNO> <SUBJECT>Entry.</SUBJECT> <SECTNO>147.12</SECTNO> <SUBJECT>Invoices.</SUBJECT> <SECTNO>147.13</SECTNO> <SUBJECT>Transfer to fair building.</SUBJECT> <SECTNO>147.14</SECTNO> <SUBJECT>Articles not to be immediately entered and delivered to a fair.</SUBJECT> <SECTNO>147.15</SECTNO> <SUBJECT>Tentative appraisement.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Requirements of Other Laws</HD> <SECTNO>147.21</SECTNO> <SUBJECT>Marking under the Tariff Act of 1930.</SUBJECT> <SECTNO>147.22</SECTNO> <SUBJECT>Compliance with internal revenue laws and Federal Alcohol Administration Act.</SUBJECT> <SECTNO>147.23</SECTNO> <SUBJECT>Compliance with Plant Quarantine Act and Federal Food, Drug, and Cosmetic Act.</SUBJECT> <SECTNO>147.24</SECTNO> <SUBJECT>Merchandise subject to licensing.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Customs Supervision</HD> <SECTNO>147.31</SECTNO> <SUBJECT>Articles to be kept separate.</SUBJECT> <SECTNO>147.32</SECTNO> <SUBJECT>Detail of officers to protect the revenue.</SUBJECT> <SECTNO>147.33</SECTNO> <SUBJECT>Reimbursement by fair operator.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Disposition of Articles Entered for Fairs</HD> <SECTNO>147.41</SECTNO> <SUBJECT>Removal or disposition pursuant to regulation.</SUBJECT> <SECTNO>147.42</SECTNO> <SUBJECT>Disposition generally.</SUBJECT> <SECTNO>147.43</SECTNO> <SUBJECT>Entry under the Customs laws.</SUBJECT> <SECTNO>147.44</SECTNO> <SUBJECT>Entry for another fair.</SUBJECT> <SECTNO>147.45</SECTNO> <SUBJECT>Merchandise from a foreign-trade zone.</SUBJECT> <SECTNO>147.46</SECTNO> <SUBJECT>Voluntary abandonment or destruction.<PRTPAGE P="135"/> </SUBJECT> <SECTNO>147.47</SECTNO> <SUBJECT>Mandatory abandonment.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>19 U.S.C. 66, 1623, 1624, 1751-1756, unless otherwise noted.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>T.D. 70-134, 35 FR 9268, June 13, 1970, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 147.0</SECTNO> <SUBJECT>Scope.</SUBJECT> <P>This part governs the entry of merchandise intended for exhibition or for use in constructing, installing, or maintaining foreign exhibits at trade fairs which have been so designated by the Secretary of Commerce. It also contains provisions concerning Customs supervision of the merchandise, and the disposition of the merchandise after the fair has closed. The entry of articles which may be admitted free of duty under other provisions of this chapter may be governed by those provisions rather than the regulations in this part.</P> </SECTION> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECTION> <SECTNO>§ 147.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The following are general definitions for the purposes of part 147:</P> <P>(a) <E T="03">The Act.</E> “The Act” means the Trade Fair Act of 1959. (Secs. 2-7, 73 Stat. 18, 19; 19 U.S.C. 1751-1756.)</P> <P>(b) <E T="03">Fair.</E> “Fair” means a fair, exhibition, or exposition designated by the Secretary of Commerce pursuant to the Trade Fair Act.</P> <P>(c) <E T="03">Fair operator.</E> “Fair operator” means the party named by the Secretary of Commerce as the operator of the fair.</P> <P>(d) <E T="03">Port.</E> “Port” means the port at which the fair is to be held, or if the fair is not to be held within the limits of a port, the port nearest to the location of the fair.</P> <P>(e) <E T="03">Closing date.</E> “Closing date” means the date designated by the Secretary of Commerce as the date when the fair will close, including any extension granted by the Secretary of Commerce, or, if the fair closes earlier, the date on which the fair actually closes.</P> <P>(f) <E T="03">Articles for a fair.</E> “Articles for a fair” includes, but is not limited to:</P> <P>(1) Actual exhibit items;</P> <P>(2) Pamphlets, brochures, and explanatory material in reasonable quantities relating to foreign exhibits at a fair;</P> <P>(3) Material for use in constructing, installing, or maintaining foreign exhibits at a fair.</P> <CITA>[T.D. 70-134, 35 FR 9268, June 13, 1970, as amended by T.D. 82-145, 47 FR 35478, Aug. 16, 1982]</CITA> </SECTION> <SECTION> <SECTNO>§ 147.2</SECTNO> <SUBJECT>Articles which may be entered for a fair.</SUBJECT> <P>(a) <E T="03">General.</E> Any article imported or brought into the United States may be entered under bond under the regulations of this part for the purpose of exhibition at a fair, or for use in constructing, installing, or maintaining foreign exhibits at a fair, if no duty or internal revenue tax has been paid, and the article is:</P> <P>(1) In a foreign-trade zone; or</P> <P>(2) Imported for exhibition under Chapter 98, Subchapter XII, Harmonized Tariff Schedule of the United States; or</P> <P>(3) In continuous Customs custody, including but not limited to articles:</P> <P>(i) Imported or brought into the United States for the purpose of direct entry at a particular fair;</P> <P>(ii) In Customs bonded warehouses;</P> <P>(iii) Unentered under the Customs laws and held in general order pending entry or exportation;</P> <P>(iv) On exhibition at another fair designated by the Secretary of Commerce.</P> <P>(b) <E T="03">Exception.</E> Articles which have been entered under Chapter 98, Subchapter XIII, HTSUS, may not be entered under the regulations of this part.</P> <CITA>[T.D. 70-134, 35 FR 9268, June 13, 1970, as amended by T.D. 84-213, 49 FR 41186, Oct. 19, 1984; T.D. 89-1, 53 FR 51263, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 147.3</SECTNO> <SUBJECT>Bond required.</SUBJECT> <P>The fair operator shall file a bond on Customs Form 301, containing the bond conditions set forth in § 113.62 of this chapter in such amount as the port director requires. Liquidated damages shall be assessed by the port director under the bond if payments required by §§ 147.33, 147.41 or 147.43 are not paid upon demand.</P> <CITA>[T.D. 84-213, 49 FR 41186, Oct. 19, 1984]</CITA> </SECTION> </SUBPART> <SUBPART> <PRTPAGE P="136"/> <HD SOURCE="HED">Subpart B—Procedure for Importation</HD> <SECTION> <SECTNO>§ 147.11</SECTNO> <SUBJECT>Entry.</SUBJECT> <P>(a) <E T="03">Made in name of fair operator.</E> All entries of articles for a fair shall be made at the port in the name of the fair operator which shall be deemed for Customs purposes the sole consignee of the merchandise entered under the Act and responsible to the Government for all duties and charges due the United States on account of such entries.</P> <P>(b) <E T="03">Merchandise arriving at port other than port of the fair.</E> Articles to be entered under this subpart which arrive at ports other than the port of the fair shall be entered for immediate transportation without appraisement to the latter port in the manner prescribed in part 18 of this chapter.</P> <P>(c) <E T="03">Form of entry.</E> Articles shall be entered upon arrival at the port of the fair on a special form of entry to read substantially as follows: </P> <EXTRACT> <HD SOURCE="HD1">Entry for Exhibition</HD> <HD SOURCE="HD3">Entry No. ______</HD> <P>Entry at the port of ____________ of articles consigned or transferred to ____________ (Fair operator) under ____________ I.T. No. ____________ ex S.S. ____________ from ____________ on the ______ day of _________, 19__, for exhibition purposes under the Trade Fair Act of 1959.</P> <GPOTABLE CDEF="5,5,9,5,5" COLS="5" OPTS="L2"> <BOXHD> <CHED H="1">Mark</CHED> <CHED H="1">Number</CHED> <CHED H="1">Package and contents</CHED> <CHED H="1">Quality</CHED> <CHED H="1">Invoice value</CHED> </BOXHD> <ROW> <ENT I="01"/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="01"/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="01"/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="01"/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> </GPOTABLE> <P SOURCE="P-DASH"/> <FP SOURCE="FRP">(Fair operator)</FP> <FP SOURCE="FP-DASH">By</FP> </EXTRACT> <P>(d) <E T="03">Supersedes previous entry.</E> When entry for a fair is made under this part, such entry shall supersede any previous entry.</P> </SECTION> <SECTION> <SECTNO>§ 147.12</SECTNO> <SUBJECT>Invoices.</SUBJECT> <P>Articles intended for a fair under the provisions of the Act are subject to the invoice requirements of subpart F, part 141 of this chapter.</P> <SECAUTH>(R.S. 251, as amended, secs. 481, 484, 624, 46 Stat. 719, 722, as amended, 759 (19 U.S.C. 66, 1481, 1484, 1624))</SECAUTH> <CITA>[T.D. 85-39, 50 FR 9612, Mar. 11, 1985]</CITA> </SECTION> <SECTION> <SECTNO>§ 147.13</SECTNO> <SUBJECT>Transfer to fair building.</SUBJECT> <P>(a) <E T="03">Immediate delivery.</E> The provisions governing immediate delivery in part 142 of this chapter are applicable to articles for a fair.</P> <P>(b) <E T="03">After entry.</E> Upon the entry being made, a permit may be issued by the port director for the transfer of the articles covered thereby to the buildings in which they are to be exhibited or used, or, in his discretion, to the public stores for examination and subsequent delivery to the buildings in which they are to be exhibited or used.</P> <CITA>[T.D. 70-134, 35 FR 9268, June 13, 1970, as amended by T.D. 73-175, 38 FR 17470, July 2, 1973]</CITA> </SECTION> <SECTION> <SECTNO>§ 147.14</SECTNO> <SUBJECT>Articles not to be immediately entered and delivered to a fair.</SUBJECT> <P>(a) <E T="03">Placed in bonded warehouses.</E> If for any reason articles imported for a fair are not to be entered and delivered to a fair upon their arrival, the fair operator should request the port director, in writing, to cause such articles to be placed in a bonded warehouse under a “general order permit” at the risk and expense of the fair operator. If no request is made and the articles remain unentered after 5 days from the date of arrival, they will be placed in general order.</P> <P>(b) <E T="03">Entry within 1 year.</E> At any time within 1 year from the date such articles are imported or brought in, they may be entered under this part for a fair or entered under the general tariff law, or for exportation.</P> <P>(c) <E T="03">Abandonment.</E> If not entered within such period, they will be regarded as abandoned to the Government.</P> </SECTION> <SECTION> <SECTNO>§ 147.15</SECTNO> <SUBJECT>Tentative appraisement.</SUBJECT> <P>All articles entered for a fair shall be tentatively appraised prior to exhibition or use.</P> </SECTION> </SUBPART> <SUBPART> <PRTPAGE P="137"/> <HD SOURCE="HED">Subpart C—Requirements of Other Laws</HD> <SECTION> <SECTNO>§ 147.21</SECTNO> <SUBJECT>Marking under the Tariff Act of 1930.</SUBJECT> <P>The marking requirements of the Tariff Act of 1930, as amended, and the regulations thereunder will not apply to articles for a fair, except, when such articles are entered for consumption. When entered for consumption, such articles shall be released from Customs custody only upon a full compliance with these marking requirements.</P> </SECTION> <SECTION> <SECTNO>§ 147.22</SECTNO> <SUBJECT>Compliance with the internal revenue laws and Federal Alcohol Administration Act.</SUBJECT> <P>The packaging, marking, and labeling requirements of the internal-revenue laws, and the Federal Alcohol Administration Act (27 U.S.C. 201 to 212), will not apply to articles entered under this part, but any article failing to comply with such requirements shall be conspicuously marked prior to exhibition “Not labeled or packaged as required by law—not for sale.” When any such article is withdrawn for consumption, it shall be released from Customs custody only upon a full compliance with such packaging, marking, and labeling requirements.</P> </SECTION> <SECTION> <SECTNO>§ 147.23</SECTNO> <SUBJECT>Compliance with Plant Quarantine Act and Federal Food, Drug, and Cosmetic Act.</SUBJECT> <P>(a) <E T="03">Plant Quarantine Act.</E> The entry of plant material subject to restriction under the Plant Quarantine Act of 1912, as amended (7 U.S.C. 151 through 164a, 167), shall not be permitted except under permits issued by the Plant Quarantine Division of the Agricultural Research Service, Department of Agriculture, and in accordance with the plant quarantine regulations.</P> <P>(b) <E T="03">Federal Food, Drug, and Cosmetic Act.</E> The entry of food products shall conform to the requirements of the Federal Food, Drug, and Cosmetic Act, as amended (21 U.S.C. 301 <E T="03">et seq.),</E> and the regulations issued thereunder.</P> </SECTION> <SECTION> <SECTNO>§ 147.24</SECTNO> <SUBJECT>Merchandise subject to licensing.</SUBJECT> <P>Merchandise, the importation of which is subject to the licensing regulations of any agency of the U.S. Government, may be entered for a fair only upon the presentation of the required license, or a waiver of such license.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Customs Supervision</HD> <SECTION> <SECTNO>§ 147.31</SECTNO> <SUBJECT>Articles to be kept separate.</SUBJECT> <P>Articles for exhibit at a fair shall be segregated from domestic articles and from imported articles entered under the provisions of the general Customs laws and released from Customs custody.</P> </SECTION> <SECTION> <SECTNO>§ 147.32</SECTNO> <SUBJECT>Detail of officers to protect the revenue.</SUBJECT> <P>The port director shall detail an officer to act as his representative at the fair and shall station inside the buildings as many additional Custom officers and employees as may be necessary to properly protect the revenue.</P> </SECTION> <SECTION> <SECTNO>§ 147.33</SECTNO> <SUBJECT>Reimbursement by fair operator.</SUBJECT> <P>All actual and necessary charges for labor, services, and other expenses in connection with the entry, examination, appraisement, custody, abandonment, destruction, or release of articles entered under the regulations of this part, together with the necessary charges for salaries of Customs officers and employees in connection with the accounting for, custody of, and supervision over, such articles, shall be reimbursed by the fair operator to the Government, payment to be made on demand to the port director for deposit to the appropriation from which paid.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Disposition of Articles Entered for Fairs</HD> <SECTION> <SECTNO>§ 147.41</SECTNO> <SUBJECT>Removal or disposition pursuant to regulation.</SUBJECT> <P>Articles for a fair entered under this part shall not be removed from the fair premises, or otherwise disposed of, except in accordance with this subpart. The fair operator shall be liable for the payment of any unpaid duty, tax, fees, charges, or exaction due on any article removed from the fair premises or disposed of contrary to this subpart, including any article lost or stolen regardless of the fair operator's fault. <PRTPAGE P="138"/>The payment shall be made on demand by the port director.</P> <CITA>[T.D. 70-134, 35 FR 9268, June 13, 1970, as amended by T.D. 84-213, 49 FR 41186, Oct. 19, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 147.42</SECTNO> <SUBJECT>Disposition generally.</SUBJECT> <P>(a) <E T="03">Kinds of disposition.</E> Any article entered for a fair under this part may be entered for consumption, for warehouse, or under any other provision of the Customs laws, or for another fair, or may be transferred to other Customs custody status or to a foreign-trade zone, or abandoned to the Government, or destroyed under Customs supervision, or exported, at any time before, or within 3 months after, the closing date of the fair.</P> <P>(b) <E T="03">Appraisement.</E> Upon entry under any provision of the Customs laws, or at the expiration of 3 months after the closing date of the fair in the case of articles not previously entered or transferred, articles entered for fairs shall be appraised.</P> <P>(c) <E T="03">Period for performance of certain acts.</E> In the case of any article entered under a provision of the Customs laws, or for another fair, or transferred to other Customs custody status, or to a foreign-trade zone, the period prescribed for the performance of any act required by the provision governing the status under which the article is entered, or to which it is transferred, shall be computed from the date of such entry or transfer.</P> <CITA>[T.D. 70-134, 35 FR 9268, June 13, 1970, as amended by T.D. 70-181, 35 FR 13436, Aug. 22, 1970]</CITA> </SECTION> <SECTION> <SECTNO>§ 147.43</SECTNO> <SUBJECT>Entry under the Customs laws.</SUBJECT> <P>(a) <E T="03">Payment of duties and taxes.</E> Any applicable duties and internal revenue taxes on any article entered under any provision of the Customs laws must be paid on such article in its condition and quantity, and at the rate in effect, at the time of such entry.</P> <P>(b) <E T="03">Person to make entry.</E> Entry of merchandise under the Customs laws from a fair may be made in the name of any person duly authorized in writing by the fair operator to make such entry.</P> </SECTION> <SECTION> <SECTNO>§ 147.44</SECTNO> <SUBJECT>Entry for another fair.</SUBJECT> <P>Articles entered for a fair which are to be entered for another fair under the provisions of this part shall be retained in continuous Customs custody.</P> </SECTION> <SECTION> <SECTNO>§ 147.45</SECTNO> <SUBJECT>Merchandise from a foreign-trade zone.</SUBJECT> <P>Articles entered for a fair from a foreign-trade zone status of “zone-restricted merchandise” can afterwards be entered for consumption from a fair if the Foreign-Trade Zones Board has approved the entry for consumption as being in the public interest. Articles entered in the above manner are subject to the provisions of subheading 9801.00.70, if aircraft, or subheading 9801.00.80, if not aircraft, unless excluded by U.S. Note 1(c), Chapter 98, Subchapter I, Harmonized Tariff Schedule of the United States.</P> <SECAUTH>(R.S. 251, as amended; secs. 1-21, 48 Stat. 998, 999, as amended; 1000, 1002, as amended, 1003, 77A Stat. 14, sec. 624, 46 Stat. 759 (19 U.S.C 66, 81a-81u, 1202 (Gen, Hdnt. 11)1624))</SECAUTH> <CITA>[T.D. 83-240, 48 FR 53098, Nov. 24, 1983, as amended by T.D. 89-1, 53 FR 51263, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 147.46</SECTNO> <SUBJECT>Voluntary abandonment or destruction.</SUBJECT> <P>At any time before or within 3 months after the closing date of the fair any article entered for a fair may be abandoned to the Government or destroyed under Customs supervision, upon compliance with § 158.43 of this chapter.</P> <CITA>[T.D. 70-134, 35 FR 9268, June 13, 1970, as amended by T.D. 72-258, 37 FR 20174, Sept. 27, 1972]</CITA> </SECTION> <SECTION> <SECTNO>§ 147.47</SECTNO> <SUBJECT>Mandatory abandonment.</SUBJECT> <P>Any article entered for a fair, and not disposed of under the provisions of this subpart prior to the expiration of 3 months after the close of the fair shall be regarded as abandoned to the Government, and subject to sale or destruction. Proceeds of sale shall be disposed of in the manner provided in sections 491, 492, and 493, Tariff Act of 1930, as amended, and the regulations thereunder. (See subpart D of part 127 of this chapter.) Any duties or internal revenue taxes on such article shall be computed on the basis of its condition <PRTPAGE P="139"/>and quantity at the time it becomes subject to sale.</P> <CITA>[T.D. 70-134, 35 FR 9268, June 13, 1970, as amended by T.D. 74-114, 39 FR 12095, Apr. 3, 1974]</CITA> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 148</EAR> <HD SOURCE="HED">PART 148—PERSONAL DECLARATIONS AND EXEMPTIONS</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>148.0</SECTNO> <SUBJECT>Scope.</SUBJECT> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECTNO>148.1</SECTNO> <SUBJECT>Registration of effects to be taken abroad.</SUBJECT> <SECTNO>148.2</SECTNO> <SUBJECT>Residence status of arriving persons.</SUBJECT> <SECTNO>148.3</SECTNO> <SUBJECT>Customs treatment after transiting the Panama Canal.</SUBJECT> <SECTNO>148.4</SECTNO> <SUBJECT>Accompanying articles.</SUBJECT> <SECTNO>148.5</SECTNO> <SUBJECT>Regular entry of articles in baggage.</SUBJECT> <SECTNO>148.6</SECTNO> <SUBJECT>Entry of unaccompanied shipments of effects subject to personal exemptions.</SUBJECT> <SECTNO>148.7</SECTNO> <SUBJECT>Unclaimed baggage.</SUBJECT> <SECTNO>148.8</SECTNO> <SUBJECT>Temporary importation by residents arriving for short visits.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Declarations</HD> <SECTNO>148.11</SECTNO> <SUBJECT>Declaration required.</SUBJECT> <SECTNO>148.12</SECTNO> <SUBJECT>Oral declarations.</SUBJECT> <SECTNO>148.13</SECTNO> <SUBJECT>Written declarations.</SUBJECT> <SECTNO>148.14</SECTNO> <SUBJECT>Family declarations.</SUBJECT> <SECTNO>148.15</SECTNO> <SUBJECT>Inclusion of articles not for personal or household use.</SUBJECT> <SECTNO>148.16</SECTNO> <SUBJECT>Amendment of declaration.</SUBJECT> <SECTNO>148.17</SECTNO> <SUBJECT>Declaration on arrival incidental to further foreign travel.</SUBJECT> <SECTNO>148.18</SECTNO> <SUBJECT>Failure to declare.</SUBJECT> <SECTNO>148.19</SECTNO> <SUBJECT>False or fraudulent statement.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Examination of Baggage and Collection of Duties and Taxes</HD> <SECTNO>148.21</SECTNO> <SUBJECT>Opening of baggage, compartments, or vehicles.</SUBJECT> <SECTNO>148.22</SECTNO> <SUBJECT>Examination of air travelers' baggage in foreign territory.</SUBJECT> <SECTNO>148.23</SECTNO> <SUBJECT>Examination and clearance of baggage.</SUBJECT> <SECTNO>148.24</SECTNO> <SUBJECT>Determination of dutiable value.</SUBJECT> <SECTNO>148.25</SECTNO> <SUBJECT>Reexamination and protest.</SUBJECT> <SECTNO>148.26</SECTNO> <SUBJECT>Collection of internal revenue taxes.</SUBJECT> <SECTNO>148.27</SECTNO> <SUBJECT>Receipt for payment.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Exemptions for Returning Residents</HD> <SECTNO>148.31</SECTNO> <SUBJECT>Effects taken abroad.</SUBJECT> <SECTNO>148.32</SECTNO> <SUBJECT>Vehicles, aircraft, boats, teams and saddle horses taken abroad.</SUBJECT> <SECTNO>148.33</SECTNO> <SUBJECT>Articles acquired abroad.</SUBJECT> <SECTNO>148.34</SECTNO> <SUBJECT>Family grouping of exemptions for articles acquired abroad.</SUBJECT> <SECTNO>148.35</SECTNO> <SUBJECT>Length of stay for exemption of articles acquired abroad.</SUBJECT> <SECTNO>148.36</SECTNO> <SUBJECT>Frequency of allowance of exemption for articles acquired abroad.</SUBJECT> <SECTNO>148.37</SECTNO> <SUBJECT>Replacement of unsatisfactory articles acquired abroad.</SUBJECT> <SECTNO>148.38</SECTNO> <SUBJECT>Sale of articles acquired abroad.</SUBJECT> <SECTNO>148.39</SECTNO> <SUBJECT>Rented automobiles.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Exemptions for Nonresidents</HD> <SECTNO>148.41</SECTNO> <SUBJECT>Articles carried through the United States.</SUBJECT> <SECTNO>148.42</SECTNO> <SUBJECT>Personal effects.</SUBJECT> <SECTNO>148.43</SECTNO> <SUBJECT>Tobacco products and alcoholic beverages.</SUBJECT> <SECTNO>148.44</SECTNO> <SUBJECT>Gifts.</SUBJECT> <SECTNO>148.45</SECTNO> <SUBJECT>Vehicles and other conveyances.</SUBJECT> <SECTNO>148.46</SECTNO> <SUBJECT>Sale of exempted articles.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Other Exemptions</HD> <SECTNO>148.51</SECTNO> <SUBJECT>Special exemption for personal or household articles.</SUBJECT> <SECTNO>148.52</SECTNO> <SUBJECT>Exemption for household effects used abroad.</SUBJECT> <SECTNO>148.53</SECTNO> <SUBJECT>Exemption for tools of trade.</SUBJECT> <SECTNO>148.54</SECTNO> <SUBJECT>Exemption for effects of citizens dying abroad.</SUBJECT> <SECTNO>148.55</SECTNO> <SUBJECT>Exemption for articles bearing American trademark.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart G—Crewmember Declarations and Exemptions</HD> <SECTNO>148.61</SECTNO> <SUBJECT>Status as crewmembers.</SUBJECT> <SECTNO>148.62</SECTNO> <SUBJECT>Declaration and entry of articles by crewmembers.</SUBJECT> <SECTNO>148.63</SECTNO> <SUBJECT>Articles for use while on temporary leave.</SUBJECT> <SECTNO>148.64</SECTNO> <SUBJECT>Administrative exemption.</SUBJECT> <SECTNO>148.65</SECTNO> <SUBJECT>Exemption for resident crewmembers.</SUBJECT> <SECTNO>148.66</SECTNO> <SUBJECT>Exemptions for nonresident crewmembers.</SUBJECT> <SECTNO>148.67</SECTNO> <SUBJECT>Penalties for failure to declare articles.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart H—Military and Civilian Employees of the United States, and Evacuees</HD> <SECTNO>148.71</SECTNO> <SUBJECT>Status of persons in service of United States as returning residents.</SUBJECT> <SECTNO>148.72</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>148.73</SECTNO> <SUBJECT>Baggage on carriers operated by the Department of Defense.</SUBJECT> <SECTNO>148.74</SECTNO> <SUBJECT>Exemption on termination of assignment to extended duty or on evacuation.</SUBJECT> <SECTNO>148.75</SECTNO> <SUBJECT>Persons ineligible for exemption on termination of assignment.</SUBJECT> <SECTNO>148.76</SECTNO> <SUBJECT>Waiver of requirements or limitations.<PRTPAGE P="140"/> </SUBJECT> <SECTNO>148.77</SECTNO> <SUBJECT>Entry of effects on termination of assignment to extended duty, or on evacuation.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart I—Personnel of Foreign Governments and International Organizations and Special Treatment for Returning Individuals</HD> <SECTNO>148.81</SECTNO> <SUBJECT>General provisions.</SUBJECT> <SECTNO>148.82</SECTNO> <SUBJECT>Diplomatic, consular, and other privileged personnel.</SUBJECT> <SECTNO>148.83</SECTNO> <SUBJECT>Diplomatic and consular bags.</SUBJECT> <SECTNO>148.84</SECTNO> <SUBJECT>Special treatment for returning individuals.</SUBJECT> <SECTNO>148.85</SECTNO> <SUBJECT>Subsequent importations for the personal or family use of diplomatic, consular and other privileged personnel.</SUBJECT> <SECTNO>148.86</SECTNO> <SUBJECT>Articles for official use of representatives of foreign governments and public international organizations.</SUBJECT> <SECTNO>148.87</SECTNO> <SUBJECT>Officers and employees of, and representatives to public international organizations.</SUBJECT> <SECTNO>148.88</SECTNO> <SUBJECT>Certain representatives to and officers of the United Nations and the Organization of American States.</SUBJECT> <SECTNO>148.89</SECTNO> <SUBJECT>Property of public international organizations and foreign governments.</SUBJECT> <SECTNO>148.90</SECTNO> <SUBJECT>Foreign military personnel.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart J—Noncommercial Importations of Limited Value</HD> <SECTNO>148.101</SECTNO> <SUBJECT>Applicability.</SUBJECT> <SECTNO>148.102</SECTNO> <SUBJECT>Flat rate of duty.</SUBJECT> <SECTNO>148.103</SECTNO> <SUBJECT>Family grouping of allowances.</SUBJECT> <SECTNO>148.104</SECTNO> <SUBJECT>Frequency of use.</SUBJECT> <SECTNO>148.105</SECTNO> <SUBJECT>Procedure for excluding articles from flat rate of duty.</SUBJECT> <SECTNO>148.106</SECTNO> <SUBJECT>Excluded articles of merchandise.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart K—Unaccompanied Shipments from American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States</HD> <SECTNO>148.110</SECTNO> <SUBJECT>Applicability.</SUBJECT> <SECTNO>148.111</SECTNO> <SUBJECT>Written declaration for unaccompanied articles.</SUBJECT> <SECTNO>148.112</SECTNO> <SUBJECT>Evidence of purchase.</SUBJECT> <SECTNO>148.113</SECTNO> <SUBJECT>Declaration, entry, and collection of duty.</SUBJECT> <SECTNO>148.114</SECTNO> <SUBJECT>Shipment of unaccompanied articles.</SUBJECT> <SECTNO>148.115</SECTNO> <SUBJECT>Release of shipment.</SUBJECT> <SECTNO>148.116</SECTNO> <SUBJECT>Claim for refund.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>19 U.S.C. 66, 1496, 1498, 1624. The provisions of this part, except for subpart C, are also issued under 19 U.S.C. 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States);</P> </AUTH> <EXTRACT> <P>Section 148.21 also issued under 19 U.S.C. 1461, 1462.</P> <P>Section 148.22 also issued under 19 U.S.C. 1629;</P> <P>Sections 148.43, 148.51, 148.63, 148.64, 148.74 also issued under 19 U.S.C. 1321;</P> <P>Section 148.87 also issued under 22 U.S.C. 288.</P> </EXTRACT> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>T.D. 73-27, 38 FR 2449, Jan. 26, 1973, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 148.0</SECTNO> <SUBJECT>Scope.</SUBJECT> <P>This part contains the regulations governing the allowance of exemptions for residents and nonresidents arriving in the United States, for crewmembers of carriers engaged in international traffic, for military and civilian employees of the United States, for certain evacuees, and for certain personnel of foreign governments and international organizations. Procedures and requirements are also set forth pertaining to registration of articles to be taken abroad, declaration and entry, and examination of baggage, and collection of duties and taxes.</P> </SECTION> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECTION> <SECTNO>§ 148.1</SECTNO> <SUBJECT>Registration of effects to be taken abroad.</SUBJECT> <P>(a) <E T="03">Persons who may use procedure.</E> Any person, except a nonresident seaman, airman, or person engaged in similar employment, who intends to take effects of foreign origin abroad may register such articles before departure from the United States in order to facilitate their identification on return to the United States. Only articles of foreign origin having serial numbers or other distinctive, permanently affixed unique markings can be registered.</P> <P>(b) <E T="03">Procedures for registration.</E> Applicants for registration of articles of foreign origin shall present the articles, together with a completed, but unsigned, Customs Form 4457, which may be obtained in advance of departure, to a Customs officer. After the Customs officer has examined the articles and verified their description, he shall have the applicant sign the form. The Customs officer shall then sign the form and return it to the applicant for presentation on return of the articles. Customs form 4455 may be required in any case in which Customs form 4457 will <PRTPAGE P="141"/>not adequately serve the purpose of registration.</P> <P>(c) <E T="03">Presentation on return and reuse.</E> The form shall be presented to the Customs officer when the registered articles are returned to the United States. The form shall be valid for reuse as long as the document is legible to identify the registered articles.</P> <CITA>[T.D. 82-102, 47 FR 24119, June 3, 1982, as amended by T.D. 91-35, 56 FR 19260, Apr. 26, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.2</SECTNO> <SUBJECT>Residence status of arriving persons.</SUBJECT> <P>(a) <E T="03">General.</E> Persons arriving from foreign countries shall be divided into two classes for Customs purposes:</P> <P>(1) Residents of the United States returning from abroad, and</P> <P>(2) All other persons, hereinafter referred to as nonresidents.</P> <P>(b) <E T="03">Status as returning resident.</E> 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.</P> <P>(c) <E T="03">Status as nonresident.</E> 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.</P> <P>(d) <E T="03">Optional claim of nonresident status.</E> 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 § 148.8 shall be followed.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.3</SECTNO> <SUBJECT>Customs treatment after transiting the Panama Canal.</SUBJECT> <P>Passengers' baggage and effects and purchases of officers and crewmembers landed in the United States from vessels which have transited the Panama Canal are subject to Customs examination and treatment in the same manner as arrivals from any other foreign country.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 79-276, 44 FR 61957, Oct. 29, 1979]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.4</SECTNO> <SUBJECT>Accompanying articles.</SUBJECT> <P>(a) <E T="03">Generally.</E> Articles shall be considered as accompanying a passenger or brought in by him if the articles arrive on the same vessel, vehicle, or aircraft on the same date as that of his arrival in the United States.</P> <P>(b) <E T="03">Baggage shipped as freight.</E> Articles in baggage shipped as freight on a bill of lading or airway bill shall be considered as accompanying a passenger when the baggage arrives on the conveyance on which he arrives in the United States.</P> <P>(c) <E T="03">Precleared articles.</E> Articles in baggage, or in baggage shipped as freight, shall be considered as accompanying a passenger if examined at an established preclearance station and the baggage is hand-carried, checked or manifested on the conveyance on which he arrives in the United States.</P> <P>(d) <E T="03">Automobiles.</E> An automobile which arrives on the same mode of conveyance on the same date as a passenger arrives in the United States shall be considered as accompanying him.</P> <P>(e) <E T="03">Misdirected baggage.</E> Baggage which arrives on the same mode of conveyance ahead of, or after a passenger, shall be treated as accompanying him if it is fully evident to the examining officer from the circumstances that:</P> <P>(1) The passenger intended the baggage to arrive with him; and<PRTPAGE P="142"/> </P> <P>(2) It was misdirected through no fault of the passenger.</P> </SECTION> <SECTION> <SECTNO>§ 148.5</SECTNO> <SUBJECT>Regular entry of articles in baggage.</SUBJECT> <P>Subject to any applicable exemption from entry requirements, articles imported as baggage but not passed under a baggage declaration or under the procedure provided in § 148.6 for unaccompanied shipments of effects subject to personal exemptions shall be entered in the same manner as a cargo importation of like goods. In making regular entry for articles imported in baggage, the value of articles entitled to free entry under subheadings 9804.00.10, or 9804.00.45, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), shall be disregarded in determining whether formal or informal entry is required.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 89-1, 53 FR 51263, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.6</SECTNO> <SUBJECT>Entry of unaccompanied shipments of effects subject to personal exemptions.</SUBJECT> <P>(a) <E T="03">Declaration to support free entry.</E> When effects claimed to be free of duty under subheadings 9804.00.10, 9804.00.20, 9804.00.25, 9804.00.35 or 9804.00.45, Harmonized Tariff Schedule of the United States (HTSUS) (19 U.S.C. 1202), do not accompany the importer on his arrival in the United States or are forwarded in bond, a declaration of the importer on Customs Form 3299 shall be required to support the claim for free entry. However, an oral declaration may be accepted in lieu of a written declaration on Customs Form 3299, for effects of a resident which are free of duty under subheadings 9804.00.10 or 9804.00.45. Effects of returning residents entitled to free entry under subheadings 9804.00.10 or 9804.00.45 (except automobiles and other vehicles of residents returning from countries other than Canada or Mexico) need not be itemized if a written declaration is required.</P> <P>(b) <E T="03">Exemption from entry.</E> If the port director is satisfied that an entry would serve no good purpose, none need be required, but evidence of ownership for Customs purposes, such as a carrier's certificate or properly endorsed bill of lading, shall be required with the declaration. Such exemption from entry may also be applied with respect to household effects or tools of trade entitled to free entry (see §§ 148.52 and 148.53 respectively) which are unaccompanied or forwarded in bond.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 89-1, 53 FR 51264, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.7</SECTNO> <SUBJECT>Unclaimed baggage.</SUBJECT> <P>Articles in passengers' baggage on which duties due are not paid and baggage not claimed within a reasonable time shall be treated as unclaimed and sent to general order.</P> </SECTION> <SECTION> <SECTNO>§ 148.8</SECTNO> <SUBJECT>Temporary importation by residents arriving for short visits.</SUBJECT> <P>A person claiming the status of a nonresident upon arrival for a short visit in the United States before returning abroad may import articles free of duty under subheadings 9804.00.20, 9804.00.25, 9804.00.30, 9804.00.35, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), in accordance with the following procedure:</P> <P>(a) The person claiming the status shall agree to export all such articles upon his departure from the United States, except articles imported as gifts under subheading 9804.00.30, and articles consumed during his visit;</P> <P>(b) When required to do so, the person claiming the status shall list all articles of substantial value which he is importing on Customs Form 4455, in duplicate, noting thereon the expected duration of his visit. He shall present the completed form to the inspecting officer who will initial both copies and return the duplicate to him;</P> <P>(c) Upon his departure from the United States at the completion of his visit, the person claiming the status of a nonresident shall present to a Customs officer the duplicate copy of Customs Form 4455, initialed by the inspecting officer, and the articles listed thereon shall be subject to inspection; and</P> <P>(d) If he decides not to return abroad, the person claiming the status shall immediately notify the director of the port of entry. The port director will advise him of the amount of duties and <PRTPAGE P="143"/>taxes due by reason of his failure to return abroad.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 89-1, 53 FR 51264, Dec. 21, 1988]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Declarations</HD> <SECTION> <SECTNO>§ 148.11</SECTNO> <SUBJECT>Declaration required.</SUBJECT> <P>All articles brought into the United States by any individual must be declared to a CBP officer at the port of first arrival in the United States, on a conveyance en route to the United States on which a CBP officer is assigned for that purpose, or at a preclearance office in a foreign country where a United States CBP officer is stationed for that purpose.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by CBP Dec. 09-37, 74 FR 48854, Sept. 25, 2009]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.12</SECTNO> <SUBJECT>Oral declarations.</SUBJECT> <P>(a) <E T="03">Generally.</E> Returning residents and nonresidents arriving in the United States may make an oral declaration under the conditions set forth in paragraph (b) of this section. However, written declarations may be required generally or in respect to particular types of traffic at any port if necessary to effect prompt and orderly clearance of passengers and their effects, and may be required in particular cases at any port if deemed necessary to protect the revenue. If an oral declaration is permitted, completion of the identifying information on CBP Form 6059-B may be required.</P> <P>(b) <E T="03">When permitted.</E> Oral declarations may be permitted under the following conditions:</P> <P>(1) <E T="03">Residents.</E> A returning resident may make an oral declaration if:</P> <P>(i) The aggregate fair retail value in the country of acquisition of all accompanying articles acquired abroad by him and of alterations and dutiable repairs made abroad to personal and household effects taken out and brought back by him does not exceed:</P> <P>(A) $800; or</P> <P>(B) $800 in the case of a direct arrival from a beneficiary country as defined in U.S. Note 4 to Chapter 98, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202); or</P> <P>(C) $1,600 in the case of a direct or indirect arrival from American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States, not more than $800 of which must have been acquired elsewhere than in such locations.</P> <P>(ii) None of his accompanying articles are forwarded in bond; and</P> <P>(iii) None of his accompanying articles are imported for the account of any other person or for sale.</P> <P>(2) <E T="03">Nonresidents.</E> An arriving nonresident may make an oral declaration if all the articles he has to declare are:</P> <P>(i) Entitled to free entry under his personal exemptions (see Subpart E of this part); or</P> <P>(ii) Eligible for the administrative exemption for articles not exceeding $200 in aggregate value, provided in section 321(a)(2)(B), Tariff Act of 1930, as amended (19 U.S.C. 1321(a)(2)(B)) (see § 148.51).</P> <P>(c) <E T="03">Memorandum baggage declaration for dutiable articles.</E> When an arriving person is carrying a few dutiable or taxable articles which can be readily identified and segregated from articles entitled to free entry under his personal exemptions, the CBP officer may prepare a memorandum baggage declaration using a cash receipt, CBP Form 368 or 368A, for dutiable or taxable articles if he determines that a written declaration by the arriving person is not essential.</P> <CITA>[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. 86-118, 51 FR 22516, June 20, 1986; T.D. 92-56, 57 FR 24944, June 12, 1992; T.D. 94-51, 59 FR 30296, June 13, 1994; T.D. 97-75, 62 FR 46441, Sept. 3, 1997; CBP Dec. 09-37, 74 FR 48854, Sept. 25, 2009]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.13</SECTNO> <SUBJECT>Written declarations.</SUBJECT> <P>(a) <E T="03">When required.</E> Unless an oral declaration is accepted under § 148.12, the declaration required of a person arriving in the United States shall be in writing on Customs Form 6059-B.</P> <P>(b) <E T="03">Completion and presentation of written declarations.</E> The person arriving in the United States shall complete the information required by Customs Form 6059-B and shall list all articles acquired abroad which are in his possession at the time of arrival. Individual <PRTPAGE P="144"/>items not exceeding $5 per item in fair retail value in the country of acquisition may be grouped on the written declaration as “Miscellaneous” up to but not exceeding a total value of $50. Articles not requiring itemization as set forth in paragraph (c) of this section shall be declared orally to the Customs officer. The form shall be presented to the Customs officer who will inspect the passenger's baggage.</P> <P>(c) <E T="03">Itemization of certain articles not required.</E> Except as required by § 148.62 or § 148.66 for crewmembers' articles, the following need not be itemized in written declarations:</P> <P>(1) Effects of a returning resident entitled to free entry under subheading 9804.00.10, Harmonized Tariff Schedule of the United States (HTSUS) (19 U.S.C. 1202), for tools of trade taken abroad, or under subheading, 9804.00.45, HTSUS, for personal or household effects taken abroad. However, automobiles and other vehicles of residents returning from countries other than Canada or Mexico and the cost of all repairs or alterations to articles taken abroad must be itemized.</P> <P>(2) Effects of a nonresident entitled to free entry under subheading 9804.00.20, HTSUS (19 U.S.C. 1202), for wearing apparel and other similar personal effects; subheading 9804.00.25, HTSUS, for tobacco products and alcoholic beverages; subheading 9804.00.30, HTSUS, for articles to be disposed of as bona fide gifts; or subheading 9804.00.40, HTSUS, for articles accompanying a person in transit to a place outside U.S. customs territory.</P> <P>(3) Books, libraries, furniture, and similar household effects entitled to free entry under subheading 9804.00.05, HTSUS.</P> <P>(d) <E T="03">Value.</E> Opposite the description of each article required to be declared specifically in a written declaration, the passenger shall state either:</P> <P>(1) The price actually paid for the article in the currency of purchase, or its equivalent in U.S. currency; or</P> <P>(2) The fair retail value in the country of acquisition if the article was not acquired by purchase, in the currency of the country in which the article was acquired, or its equivalent in U.S. currency.</P> <P>(e) <E T="03">Acknowledgment before Customs officer.</E> Each written declaration shall be acknowledged by the declarant before the Customs officer who examines the baggage covered by the declaration.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 87-89, 52 FR 24445, July 1, 1987; T.D. 89-1, 53 FR 51264, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.14</SECTNO> <SUBJECT>Family declarations.</SUBJECT> <P>A family group residing in one household, traveling together, and having the same residence status may be permitted to declare orally articles acquired abroad for the personal or household use of any member of the family if the value of such articles does not exceed the total amount of the exemption to which the family group is entitled. (See § 148.34.) Where a written declaration is required, one member of a family group may declare for all. Servants accompanying a family group shall not be included in the family declaration.</P> </SECTION> <SECTION> <SECTNO>§ 148.15</SECTNO> <SUBJECT>Inclusion of articles not for personal or household use.</SUBJECT> <P>Articles not personal in character, or which are intended for sale or are brought in on commission for another person, may be included in the baggage declaration of a resident or nonresident under the conditions specified in § 148.23(c). If not so included, regular entry shall be required.</P> </SECTION> <SECTION> <SECTNO>§ 148.16</SECTNO> <SUBJECT>Amendment of declaration.</SUBJECT> <P>(a) <E T="03">Before examination.</E> A passenger shall be permitted to add an article to his declaration if, before examination of his baggage has begun, the fact that the article has not been declared is brought to the attention of the examining officer by the passenger.</P> <P>(b) <E T="03">After examination is begun.</E> A passenger shall be permitted to add an article to his declaration after examination of his baggage has begun if, before any undeclared article is found, the passenger advises the examining officer that he has such an article and the officer is satisfied that there was no fraudulent intent. Under no circumstances shall a passenger be permitted to add any undeclared article to his declaration after such article has been discovered by the examining officer.</P> </SECTION> <SECTION> <PRTPAGE P="145"/> <SECTNO>§ 148.17</SECTNO> <SUBJECT>Declaration on arrival incidental to further foreign travel.</SUBJECT> <P>(a) <E T="03">Declaration on incidental arrival.</E> A resident who enters the United States merely as an incident of foreign travel and who will continue his foreign travel before finally returning to the United States from a continuous trip must declare, but need not clear through CBP, any articles he has acquired or had repaired or altered while abroad. The incidental character of the arrival must be made known to the CBP officer.</P> <P>(b) <E T="03">Treatment of articles on incidental arrival.</E> In order that a resident may claim the $800 or $1,600 exemption upon his final arrival in the United States from a continuous trip, articles accompanying him at the time of an incidental arrival may be exported directly from CBP custody or after transportation in bond, or the articles may be left in CBP custody if the resident upon his final return is to arrive at the CBP facility where the articles are deposited.</P> <P>(c) <E T="03">Failure to advise of incidental character of arrival.</E> If the traveler fails to advise the CBP officer of the incidental character of his arrival, or for other reason declares any articles for allowance of the $800 or $1,600 exemption, such declaration will mark the beginning of the respective period or periods during which a further exemption cannot be granted.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 86-118, 51 FR 22516, June 20, 1986; T.D. 97-75, 62 FR 46441, Sept. 3, 1997; CBP Dec. 09-37, 74 FR 48854, Sept. 25, 2009]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.18</SECTNO> <SUBJECT>Failure to declare.</SUBJECT> <P>(a) <E T="03">Penalty incurred.</E> Any article in the baggage of a passenger arriving from a foreign country which is not declared as required by this subpart shall be seized if it is available for seizure at the time the violation is detected, and the personal penalty prescribed by section 497, Tariff Act of 1930 (19 U.S.C. 1497), shall be demanded from the passenger. If the article is not seized, a claim for the personal penalty shall be made against the person who imported the article without declaration. No duty shall be collected, because undeclared articles are treated as smuggled.</P> <P>(b) <E T="03">Remission of liability.</E> When an article not declared as required by this subpart is found in the baggage of a person arriving in the United States, the personal penalty and forfeiture may be mitigated or remitted in accordance with the Guidelines for Disposition of Violations of 19 U.S.C. 1497 in the appendix to part 171 of this chapter.</P> <CITA>[T.D. 83-145, 48 FR 30100, June 30, 1983]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.19</SECTNO> <SUBJECT>False or fraudulent statement.</SUBJECT> <P>A passenger who makes any false or fraudulent statement or engages in other conduct within the purview of section 592, Tariff Act of 1930, as amended (19 U.S.C. 1592), whereby a Customs officer is or may be induced to pass an article free of duty or at less than the proper amount of duty, or to treat an article in some other manner in order to obtain a benefit, shall be deemed to have violated 19 U.S.C. 1592. In any such case the article involved shall be seized only if one or more of the conditions set forth in section 162.75 of this chapter are present, if it is available for seizure at the time the violation is detected, and if such seizure is otherwise practicable, unless the article is in the possession of an innocent holder for value who has full right to possession as against any party to the Customs violation. If seizure is not made, an amount equivalent to the maximum penalty which may be assessed in accordance with the passenger's degree of culpability as provided in 19 U.S.C. 1592(c) shall be demanded from the passenger. The amount demanded in lieu of seizure shall be determined in accordance with the guidelines contained in the appendix to part 171 of this chapter. In all cases, the estimated duties shall be demanded of the passenger as soon as possible after the discovery of the violation. Any applicable internal revenue tax shall also be demanded unless the merchandise is to be, or has been, forfeited.</P> <CITA>[T.D. 84-18, 49 FR 1678, Jan. 13, 1984; 49 FR 3986, Feb. 1, 1984]</CITA> </SECTION> </SUBPART> <SUBPART> <PRTPAGE P="146"/> <HD SOURCE="HED">Subpart C—Examination of Baggage and Collection of Duties and Taxes</HD> <SECTION> <SECTNO>§ 148.21</SECTNO> <SUBJECT>Opening of baggage, compartments, or vehicles.</SUBJECT> <P>A Customs officer has the right to open and examine all baggage, compartments and vehicles brought into the United States under Sections 461, 462, 496 and 582, Tariff Act of 1930, as amended (19 U.S.C. 1461, 1462, 1496, and 1582) and 19 U.S.C. 482. To the extent practical, the owner or his agent shall be asked to open the baggage, compartment or vehicle first. If the owner or his agent is unavailable or refuses to open the baggage, compartment, or vehicle, it shall be opened by the Customs officer. If any article subject to duty, or any prohibited article is found upon opening by the Customs officer, the whole contents and the baggage or vehicle shall be subject to forfeiture, pursuant to 19 U.S.C. 1462.</P> <CITA>[T.D. 95-86, 60 FR 54188, Oct. 20, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.22</SECTNO> <SUBJECT>Examination of air travelers' baggage in foreign territory.</SUBJECT> <P>(a) <E T="03">Examination and surrender of declaration.</E> When places have been established in a foreign country where U.S. Customs officers have been stationed for the purpose of conducting Customs inspections and examinations (see §§ 101.5 and 162.8 of this chapter), persons destined to the United States on flights shall present themselves to those officers for inspection and examination of their baggage which may be passed in accordance with § 148.23 prior to boarding the flight. They shall comply with all U.S. Customs laws and other civil and criminal laws of the United States relating to importation of merchandise, including baggage, to the filing of false or fraudulent statements, and to the unlawful removal of merchandise from Customs custody, in the same manner as if the passengers, were arriving at an airport within the Customs territory of the United States. When baggage is examined in foreign territory, the baggage declaration shall be surrendered to the Customs officer at the airport of departure for the United States prior to boarding the flight.</P> <P>(b) <E T="03">Subsequently acquired articles.</E> When a person whose baggage has been examined and passed in foreign territory in accordance with paragraph (a) of this section subsequently acquires additional articles prior to return to the United States, the Customs officer to whom the declaration was surrendered may permit the amendment of that declaration to include the additional articles.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 77-241, 42 FR 54944, Oct. 12, 1977; T.D. 89-22, 54 FR 5076, Feb. 1, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.23</SECTNO> <SUBJECT>Examination and clearance of baggage.</SUBJECT> <P>(a) <E T="03">Articles free of duty.</E> The inspector, including inspectors on trains or ferries, who examines the baggage of any person arriving in the United States may examine and pass, without limitation as to value, the following articles in such baggage or otherwise accompanying such person:</P> <P>(1) All articles which are for the personal or household use of the arriving person and are free of duty under Chapter 98, Subchapter IV, Harmonized Tariff Schedule of the United States (HTSUS) (19 U.S.C. 1202), including automobiles and other articles under § 148.32.</P> <P>(2) Works of art classifiable under subheadings 9701.10.00 or 9701.90.00, HTSUS.</P> <P>(3) Works of art classifiable under subheadings 9702.00.00 or 9703.00.00, HTSUS, upon compliance with § 10.48 of this chapter.</P> <P>(b) <E T="03">Articles subject to duty.</E> The inspector who examines the baggage of any person arriving in the United States may examine, determine the dutiable value of, collect duty on, and pass articles accompanying the arriving person which are for his personal or household use but are subject to duty, including articles imported to be disposed of by him as bona fide gifts.</P> <P>(c) <E T="03">Articles not for personal use</E>—(1) <E T="03">Valued at not more than $2,000 (with exceptions).</E> The inspector may also examine, determine the dutiable value of, collect duty on, and pass articles accompanying any person arriving in the United States properly listed on the baggage declaration which are not for <PRTPAGE P="147"/>the personal or household use of the declarant or which are intended for sale or are brought in on commission for another, provided the aggregate value of such articles is not more than $2,000 (except for articles valued in excess of $250 classified in Sections VII, VIII, XI, and XII; Chapter 94, and Chapter 99, Subchapter III and IV, HTSUS).</P> <P>(2) <E T="03">Valued over $2,000 (with exceptions).</E> Articles in the baggage of or otherwise accompanying any person arriving in the United States which have an aggregate value over $2,000 (except for articles valued in excess of $250 classified in Sections VII, VIII, XI, and XII; Chapter 94 and Chapter 99, Subchapters III and IV, HTSUS) and are not intended for his personal or household use, or are intended for sale or are brought in on commission for another, may be examined and entered and cleared on a baggage declaration at the place of their arrival with a passenger if:</P> <P>(i) The articles are accompanied by a proper invoice if one is required (see § 141.83 of this chapter); and</P> <P>(ii) It is practicable to appraise the articles at the place of arrival.</P> <P>(d) <E T="03">Examination of tea for personal use imported in baggage.</E> Tea for personal use in one or more packages weighing not more than 5 pounds each, when imported in a passenger's baggage, may be delivered without examination for purity under 21 U.S.C. 41-50 and without payment of the examination fee prescribed in 21 U.S.C. 46a.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 84-149, 49 FR 28699, July 16, 1984; T.D. 86-118, 51 FR 22516, June 20, 1986; T.D. 89-1, 53 FR 51264, Dec. 21, 1988; T.D. 89-82, 54 FR 36026, Aug. 31, 1989; T.D. 98-28, 63 FR 16417, Apr. 3, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.24</SECTNO> <SUBJECT>Determination of dutiable value.</SUBJECT> <P>(a) <E T="03">Principles applied.</E> In determining the dutiable value of articles examined under § 148.23, the Customs inspector shall apply the principles of section 402, Tariff Act of 1930, as amended (19 U.S.C. 1401a), and shall not regard the declared value or price as conclusive.</P> <P>(b) <E T="03">Adjustment of value declared.</E> An adjustment shall be made by the Customs inspector whenever the purchase price or value declared differs from the fair retail value, whether by reason of depreciation due to wear or use, circumstances of purchase, or acquisition, or for any other reason. He shall give due consideration to the condition of the articles at the time of importation, but he shall not make any allowance for wear and use in excess of 25 per centum of the declared price or value of a worn or used article. A passenger who desires to claim a larger allowance may arrange for formal entry and appraisement of his goods.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 87-89, 52 FR 24445, July 1, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.25</SECTNO> <SUBJECT>Reexamination and protest.</SUBJECT> <P>(a) <E T="03">Reexamination.</E> Whenever the Customs officer deems it advisable any or all of a passenger's baggage may be sent to the public stores for examination or reexamination. Passengers dissatisfied with the assessment of duty on their baggage may demand a reexamination, provided the articles have not been removed from Customs custody. In either case, a receipt for the baggage to be examined or reexamined shall be given on Customs Form 6051.</P> <P>(b) <E T="03">Protest.</E> If the passenger remains dissatisfied with the assessment of duty after reexamination, he shall pay the duty assessed and may protest the decision of the port director in accordance with part 174 of this chapter.</P> </SECTION> <SECTION> <SECTNO>§ 148.26</SECTNO> <SUBJECT>Collection of internal revenue taxes.</SUBJECT> <P>(a) <E T="03">Cigars and cigarettes.</E> The internal revenue tax on taxable cigars and cigarettes in a passenger's baggage shall be paid to Customs, using the Customs entry form as a return. Any such return shall show the kind, the quantity, and the tax by class on cigars and cigarettes separately from the statement of duty. Unless for the personal consumption of the importer or disposition as his bona fide gift, cigars and cigarettes are subject to the packaging and marking requirements in the regulations of the Bureau of Alcohol, Tobacco, and Firearms.</P> <P>(b) <E T="03">Alcoholic beverages.</E> The internal revenue tax shall be collected on all <PRTPAGE P="148"/>wines and liquors in excess of the quantity entitled to exemption as specified in this part.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 89-1, 53 FR 51264, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.27</SECTNO> <SUBJECT>Receipt for payment.</SUBJECT> <P>When duties and internal revenue taxes on articles in a passenger's baggage are collected, a receipt on Customs Form 368 or 368A shall be issued to the passenger if such duties and taxes are paid in cash. If such duties and taxes are paid by personal check, the check shall be the passenger's receipt unless a receipt is requested.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 92-56, 57 FR 24944, June 12, 1992]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Exemptions for Returning Residents</HD> <SECTION> <SECTNO>§ 148.31</SECTNO> <SUBJECT>Effects taken abroad.</SUBJECT> <P>(a) <E T="03">Exemption.</E> Each returning resident (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) is entitled to bring in free of duty and internal revenue tax under subheading 9804.00.45, and Chapter 98, U.S Note 3, Harmonized Tariff Schedule of the United States, (19 U.S.C. 1202), all personal and household effects taken abroad. To ensure allowance of the exemption, articles of foreign origin should be registered in accordance with § 148.1. Automobiles and other vehicles, aircraft, boats, teams and saddle horses, together with their accessories, may be brought in free of duty if taken abroad for noncommercial use (see § 148.32).</P> <P>(b) <E T="03">Repair or alteration while abroad.</E> If any such personal or household effect taken abroad has been advanced in value or improved in condition while abroad by repairs (including cleaning) not merely incidental to wear or use while abroad, or by alterations (including additions) which did not change the identity of the article, the cost or value of such repairs or alterations is subject to duty unless all or part of such cost or value is covered by an allowance of the $800 or $1,600 exemption for articles acquired abroad (see § 148.33). An effect taken abroad and there changed into a different article is dutiable at its full value when returned to the United States, unless covered in whole or in part by some provision for free entry.</P> <CITA>[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. 86-118, 51 FR 22516, June 20, 1986; T.D. 89-1, 53 FR 51264, Dec. 21, 1988; T.D. 97-75, 62 FR 46441, Sept. 3, 1997; CBP Dec. 09-37, 74 FR 48854, Sept. 25, 2009]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.32</SECTNO> <SUBJECT>Vehicles, aircraft, boats, teams and saddle horses taken abroad.</SUBJECT> <P>(a) <E T="03">Admission free of duty.</E> Automobiles and other vehicles, aircraft, boats, teams and saddle horses, together with their accessories, taken abroad for noncommercial use and returned by a returning resident will be admitted free of duty upon being satisfactorily identified.</P> <P>(b) <E T="03">Identification of articles taken abroad.</E> Upon the request of the owner or his agent, the port director will cause any article described in paragraph (a) of this section to be examined before it is taken abroad, and will issue a certificate of registration therefor on CBP Form 4455. On the return of the article, the certificate may be accepted as satisfactory identification of the described article for the purpose of admitting the article free of duty. In lieu of CBP Form 4455, the following may be accepted as satisfactory identification of such articles taken abroad:</P> <P>(1) For an automobile, the State registration card;</P> <P>(2) For an aircraft, the certificate of registration issued by the Federal Aviation Administration; and</P> <P>(3) For a pleasure boat, the yacht license or motorboat identification certificate.</P> <P>(c) <E T="03">Repairs, alterations, and accessories.</E> Repairs made abroad to articles described in paragraph (a) of this section, if incidental to use abroad, are not subject to duty. Repairs not incidental to use abroad, and alterations and additions made abroad, will be assessed with duty upon their value at the rate at which the article itself would be dutiable if imported. Accessories for articles described in paragraph (a) of this <PRTPAGE P="149"/>section which are acquired abroad are dutiable as if separately imported. Any accessories, repairs, alterations, or additions, which accompany the returning resident at the time of his return to the United States must be included in his baggage declaration.</P> <P>(d) <E T="03">Entry.</E> Entry on a baggage declaration or regular entry (see § 148.5) will be required if:</P> <P>(1) The owner or his agent is unable to produce a proper registration card or certificate to cover the article;</P> <P>(2) A claim for free entry of repairs, alterations, additions, or accessories is to be made under the $800 or $1,600 returning resident's exemption for articles acquired abroad; or</P> <P>(3) Duty is to be collected.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 86-118, 51 FR 22516, June 20, 1986; T.D. 97-75, 62 FR 46441, Sept. 3, 1997; CBP Dec. 09-37, 74 FR 48854, Sept. 25, 2009]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.33</SECTNO> <SUBJECT>Articles acquired abroad.</SUBJECT> <P>(a) <E T="03">Exemption.</E> Each returning resident is entitled to bring in free of duty and internal revenue tax under subheadings 9804.00.65, 9804.00.70 and 9804.00.72, and Chapter 98, U.S. Note 3, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), articles for his personal or household use which were purchased or otherwise acquired abroad merely as an incident of the foreign journey from which he is returning, subject to the limitations and conditions set forth in this section and §§ 148.34-148.38. The aggregate fair retail value in the country of acquisition of such articles for personal and household use must not exceed:</P> <P>(1) $800, and provided that the articles accompany the returning resident;</P> <P>(2) $800 in the case of a direct arrival from a beneficiary country, as defined in U.S. Note 4 to Chapter 98, Harmonized Tariff Schedule of the United States, whether or not the articles accompany the returning resident. Articles acquired elsewhere than in such beneficiary country that do not accompany the returning resident are not entitled to the duty exemption; or</P> <P>(3) $1,600 in the case of a direct or indirect arrival from American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States, whether or not the articles accompany the returning resident, not more than $800 of which may have been acquired elsewhere than in such locations. Articles acquired elsewhere than in such insular possessions that do not accompany the returning resident are not entitled to the duty exemption.</P> <P>(b) <E T="03">Application to articles of highest rate of duty.</E> The $800 or $1,600 exemption will be applied to the aggregate fair retail value in the country of acquisition of the articles acquired abroad which are subject to the highest rates of duty. If an internal revenue tax is applicable, it will be combined with the duty in determining which rates are highest.</P> <P>(c) <E T="03">Gifts.</E> An article acquired abroad by a returning resident and imported by him to be disposed of after importation as his bona fide gift is considered to be for the personal use of the returning resident and may be included in the exemption.</P> <P>(d) <E T="03">Tobacco products and alcoholic beverages.</E> Cigars, cigarettes, manufactured tobacco, and alcoholic beverages may be included in the exemption to which a returning resident is entitled, with the following limits:</P> <P>(1) No more than 200 cigarettes and 100 cigars may be included, except that in the case of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands and the Virgin Islands of the United States the cigarette limit is 1,000, not more than 200 of which shall have been acquired elsewhere than in such locations;</P> <P>(2) No alcoholic beverages will be included in the case of an individual who has not attained the age of 21; and</P> <P>(3) No more than 1 liter of alcoholic beverages may be included, except that:</P> <P>(i) An individual returning directly or indirectly from American Samoa, Guam, the Commonwealth of the Northern Mariana Islands or the Virgin Islands of the United States may include in the exemption not more than 5 liters of alcoholic beverages, not more than 1 liter of which was acquired elsewhere than in such locations and not more than 4 liters of which were produced elsewhere than in such locations; and<PRTPAGE P="150"/> </P> <P>(ii) An individual returning directly from a beneficiary country as defined in U.S. Note 4 to Chapter 98, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202) may include in the exemption not more than 2 liters of alcoholic beverages if at least 1 liter is the product of one or more beneficiary countries.</P> <P>(e) <E T="03">Exemption not applicable.</E> The exemption does not apply to articles intended for sale or acquired on commission, <E T="03">i.e.</E>, for the account of another person, with or without compensation for the service rendered. Articles acquired on one journey and left in a foreign country cannot be allowed the exemption accruing upon the return of the resident from a subsequent journey.</P> <P>(f) <E T="03">Remainder not applicable to subsequent journey.</E> A returning resident who has received a total exemption of less than the $800 or $1,600 maximum in connection with his return from one journey is not entitled to apply the unused portion of that maximum amount to articles acquired abroad on a subsequent journey.</P> <CITA>[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. 80-179, 45 FR 45580, July 7, 1980; T.D. 86-118, 51 FR 22516, June 20, 1986; T.D. 89-1, 53 FR 51264, Dec. 21, 1988; T.D. 97-75, 62 FR 46441, Sept. 3, 1997; CBP Dec. 09-37, 74 FR 48854, Sept. 25, 2009]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.34</SECTNO> <SUBJECT>Family grouping of exemptions for articles acquired abroad.</SUBJECT> <P>(a) <E T="03">Grouping of exemptions.</E> Each member of a family is entitled to the $800 or $1,600 exemption for articles acquired abroad, subject to the conditions prescribed in this subpart. When members of a family residing in one household travel together on their return to the United States, the $800 or $1,600 exemption to which the several members of the family may be entitled may be grouped and allowed without regard to which member of the family is the owner of the articles. However, a group exemption will not include an exemption for a family member not entitled to it in his own right, nor will a group exemption be applied to any property of such a member. The exemption of a family member who has not attained the age of 21 will not be applied under the group exemption to alcoholic beverages. No exemptions allowable to a resident servant accompanying the family will be included in the family grouping.</P> <P>(b) <E T="03">Members of a family residing in one household.</E> The term “members of a family in one household” includes all persons, regardless of age, who:</P> <P>(1) Are related by blood, marriage, or adoption;</P> <P>(2) Lived together in one household at their last permanent residence; and</P> <P>(3) Intend to live together in one household after their arrival in the United States.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 86-118, 51 FR 22516, June 20, 1986; T.D. 97-75, 62 FR 46442, Sept. 3, 1997; CBP Dec. 09-37, 74 FR 48855, Sept. 25, 2009]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.35</SECTNO> <SUBJECT>Length of stay for exemption of articles acquired abroad.</SUBJECT> <P>(a) <E T="03">Requirements for allowance of $800 or $1,600 exemption.</E> Except as otherwise provided in this paragraph or in paragraph (b) of this section, the $800 or $1,600 exemption for articles acquired abroad will not be allowed unless the returning resident has remained beyond the territorial limits of the United States for a period of not less than 48 hours. The $800 exemption may be allowed on articles acquired abroad by a returning resident arriving directly from Mexico without regard to the length of time the person has remained outside the territorial limits of the United States.</P> <P>(b) <E T="03">Not required for allowance of $1,600 exemption on return from the Virgin Islands.</E> The $1,600 exemption applicable in the case of the arrival of a returning resident directly or indirectly from the Virgin Islands of the United States may be allowed without regard to the length of time such person has remained outside the territorial limits of the United States.</P> <P>(c) <E T="03">Computation of time.</E> The 48-hour period a returning resident must have completed abroad to be entitled to an exemption will be computed exactly. For example, a resident leaving United States territory at 1:30 p.m. on June 1 <PRTPAGE P="151"/>would complete the 48-hour period at 1:30 p.m. on June 3.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 86-118, 51 FR 22516, June 20, 1986; T.D. 97-75, 62 FR 46442, Sept. 3, 1997; CBP Dec. 09-37, 74 FR 48855, Sept. 25, 2009]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.36</SECTNO> <SUBJECT>Frequency of allowance of exemption for articles acquired abroad.</SUBJECT> <P>(a) <E T="03">30-day period.</E> The $800 or $1,600 exemption for articles acquired abroad will not be granted to a returning resident who has taken advantage of such exemption within the 30-day period immediately preceding his return to the United States. The date of the returning resident's latest prior arrival on which he declared articles acquired abroad for allowance of the $800 or $1,600 exemption will be deemed the date he took advantage of the applicable exemption.</P> <P>(b) <E T="03">Computation of time.</E> The 30-day period immediately preceding the resident's return will be computed by excluding the day of arrival and counting backward 30 days. For example, in the case of an arrival on May 28, the resident would not be entitled to the $800 or $1,600 exemption if he had taken advantage of such exemption on or after the preceding April 28.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 86-118, 51 FR 22516, June 20, 1986; T.D. 97-75, 62 FR 46442, Sept. 3, 1997; CBP Dec. 09-37, 74 FR 48855, Sept. 25, 2009]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.37</SECTNO> <SUBJECT>Replacement of unsatisfactory articles acquired abroad.</SUBJECT> <P>(a) <E T="03">Free entry of replacement articles.</E> An article furnished by a foreign supplier to replace a like article of comparable value previously exempted from duty under the $800 or $1,600 exemptions for articles acquired abroad will be allowed free entry if the original article is found by the importer to be unsatisfactory and the procedures provided by paragraph (b) of this section are followed. In any case in which the importer has failed to follow these procedures, the port director may allow free entry of the replacement article if he is satisfied that the unsatisfactory article was timely exported and that the failure to comply with the procedures of paragraph (b) of this section was due to inadvertence or lack of experience in customs matters and was without willful intent to avoid CBP supervision.</P> <P>(b) <E T="03">Procedure for replacement.</E> Any article previously exempted from duty under the $800 or $1,600 exemptions found by the importer to be unsatisfactory must be returned to CBP custody and exported under CBP supervision at the expense of the importer within 60 days after its importation. A certificate of registration on CBP Form 4455 will be issued to the importer with instructions as to its use when the unsatisfactory article is exported for replacement under the provisions of subheading 9804.00.75, Harmonized Tariff Schedule of the United States.</P> <P>(c) <E T="03">Articles found damaged upon declaration.</E> The requirement that the original article be exported under CBP supervision does not apply when a duplicate article is furnished by a foreign supplier as a replacement for an article declared for entry under the $800 or $1,600 exemption and found by the CBP inspector or other examining officer to be so damaged as to constitute a nonimportation (§ 158.11 of this chapter). In such a case, CBP Form 4455 will be issued to the importer at the time the determination of nonimportation is made and the duplicate replacement will be considered to have been acquired abroad for the purposes of the $800 or $1,600 exemption provision, provided no charge is made to the importer for the duplicate replacement.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 86-118, 51 FR 22516, June 20, 1986; T.D. 89-1, 53 FR 51264, Dec. 21, 1988; T.D. 97-75, 62 FR 46442, Sept. 3, 1997; CBP Dec. 09-37, 74 FR 48855, Sept. 25, 2009]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.38</SECTNO> <SUBJECT>Sale of articles acquired abroad.</SUBJECT> <P>An article brought in under the $800 or $1,600 exemption for articles acquired abroad for personal or household use and subsequently sold is not dutiable or subject to forfeiture by reason of the sale if the returning resident actually acquired and imported the article for his bona fide personal or household use and not for sale.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 86-118, 51 FR 22516, June 20, 1986; T.D. 97-75, 62 FR 46442, Sept. 3, 1997; CBP Dec. 09-37, 74 FR 48855, Sept. 25, 2009]</CITA> </SECTION> <SECTION> <PRTPAGE P="152"/> <SECTNO>§ 148.39</SECTNO> <SUBJECT>Rented automobiles.</SUBJECT> <P>(a) <E T="03">Importation for temporary period.</E> An automobile rented by a resident of the United States while abroad may be brought into the United States by or on behalf of such resident for a temporary period not to exceed 30 days under subheading 9804.00.60, Harmonized Tariff Schedule of the United States (HTSUS) (19 U.S.C. 1202), without payment of duty. The automobile shall be used for the transportation of the resident and that of his family and guests, and for such incidental carriage of articles as may be appropriate to his personal use of the automobile. No entry or security for exportation shall be required.</P> <P>(b) <E T="03">Unauthorized use or failure to export.</E> If any automobile exempted from duty under subheading 9804.00.60, HTSUS (19 U.S.C. 1202), is used otherwise than for the purpose expressed or is not returned abroad within 30 days, without prior payment to a port director of the duty which would have been payable at the time of entry if entered without benefit of the exemption, the automobile or its value (to be recovered from the importer) shall be subject to forfeiture.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 89-1, 53 FR 51264, Dec. 21, 1988]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Exemptions for Nonresidents</HD> <SECTION> <SECTNO>§ 148.41</SECTNO> <SUBJECT>Articles carried through the United States.</SUBJECT> <P>An arriving nonresident who is in transit to a place outside U.S. Customs territory may take with him through U.S. Customs territory for carriage to such place articles not exceeding $200 in aggregate value (including not more than 4 liters of alcoholic beverages) without the payment of duty or internal revenue taxes as provided in subheading 9804.00.40, Chapter 98, U.S. Note 3, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202).</P> <CITA>[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 51264, Dec. 21, 1988; T.D. 97-82, 62 FR 51771, Oct. 3, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.42</SECTNO> <SUBJECT>Personal effects.</SUBJECT> <P>(a) <E T="03">Exemption.</E> A nonresident arriving in the United States, regardless of age, is entitled under subheading 9804.00.20, and Chapter 98, U.S. Note 3, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), to entry free of duty and internal revenue tax for his wearing apparel, articles of personal adornment, toilet articles, and similar personal effects. “Similar personal effects” include all articles intended and appropriate for the personal use of the nonresident while traveling, such as hunting and fishing equipment, wheelchairs for invalids or crippled persons, pet and hunting dogs, and the like.</P> <P>(b) <E T="03">Application of exemption.</E> The exemption applies only to articles which were actually owned by the nonresident and in his possession abroad at the time of, or prior to, his departure for the United States. The articles must be appropriate for the personal use of the nonresident, and intended only for such use and not as a gift for another person nor for sale.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 89-1, 53 FR 51264, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.43</SECTNO> <SUBJECT>Tobacco products and alcoholic beverages.</SUBJECT> <P>(a) <E T="03">For personal use.</E> Fifty cigars, or 200 cigarettes, or 2 kilograms of smoking tobacco, and not exceeding 1 liter of alcoholic beverages may be passed free of duty and internal revenue tax under subheading 9804.00.25 and Chapter 98, U.S. Note 3, Harmonized Tariff Schedule of the United States (HTSUS) (19 U.S.C. 1202), when brought in by an adult nonresident for his personal use, and not for commercial use or to be given to another person. This exemption for tobacco products may be applied proportionately. The exemption may be applied to more than one kind of alcoholic beverages but not to an aggregate volume of more than 1 liter for one adult nonresident.</P> <P>(b) <E T="03">For gifts.</E> A nonresident who is allowed the $100 gift exemption (see § 148.44) may include not more than 100 cigars under such exemption from duty and internal revenue tax, provided the <PRTPAGE P="153"/>cigars accompany him and are to be disposed of only as bona fide gifts.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 78-394, 43 FR 49789, Oct. 25, 1978; T.D. 80-19, 45 FR 45580, July 7, 1980; T.D. 89-1, 53 FR 51264, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.44</SECTNO> <SUBJECT>Gifts.</SUBJECT> <P>(a) <E T="03">Exemption.</E> An arriving nonresident who intends to remain in the United States for not less than 72 hours is entitled to claim as free of duty and internal revenue tax under subheading 9804.00.30 and Chapter 98, U.S. Note 3, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), articles not over $100 in aggregate value (not including alcoholic beverages and cigarettes, but including not more than 100 cigars) which accompany him and are to be disposed of by him as bona fide gifts. See § 148.43(b) for limitations on cigars under this exemption.</P> <P>(b) <E T="03">Frequency of allowance.</E> The exemption for gifts may be allowed only if the nonresident has not claimed the exemption within the immediately preceding 6 months.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 78-394, 43 FR 49789, Oct. 25, 1978; T.D. 89-1, 53 FR 51265, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.45</SECTNO> <SUBJECT>Vehicles and other conveyances.</SUBJECT> <P>Nonresidents are entitled to entry free of duty and internal revenue tax under subheading 9804.00.35 and Chapter 98, U.S. Note 3, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), for automobiles, trailers, aircraft, motorcycles, bicycles, baby carriages, boats, horse-drawn conveyances, horses, and similar means of transportation and the usual equipment accompanying them, if such articles are imported in connection with the arrival of the nonresident to be used in the United States only for the transportation of the nonresident, his family and guests, and such incidental carriage of articles as may be appropriate to his personal use of the conveyance.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 89-1, 53 FR 51265, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.46</SECTNO> <SUBJECT>Sale of exempted articles.</SUBJECT> <P>(a) <E T="03">Sale resulting in forfeiture.</E> The following articles or their value (to be recovered from the importer) upon their sale, shall be subject to forfeiture in accordance with the provisions of Chapter 98, Subchapter IV, U.S. Note 1, HTSUS (19 U.S.C. 1202), unless the procedure set forth in paragraph (b) of this section is followed:</P> <P>(1) Any jewelry or similar articles of personal adornment having an aggregate value of $300 or more which have been allowed an exemption under § 148.42, if sold within 3 years of the date of importation.</P> <P>(2) Any conveyance or its equipment allowed an exemption under § 148.45, if sold within 1 year after the date of importation.</P> <P>(b) <E T="03">Procedure permitting sale.</E> Articles described in paragraph (a) of this section may be sold if, prior to the time of sale, payment is made to a port director of the duty which would have been payable at the time of entry if the article had been entered without the benefit of the applicable exemption.</P> <P>(c) <E T="03">Permissible sales.</E> A sale pursuant to a judicial order or in liquidation of the estate of a decedent is not a basis for any liability for duty or forfeiture.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 89-1, 53 FR 51265, Dec. 21, 1988]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Other Exemptions</HD> <SECTION> <SECTNO>§ 148.51</SECTNO> <SUBJECT>Special exemption for personal or household articles.</SUBJECT> <P>(a) <E T="03">Application of exemption.</E> The exemption from duty and internal revenue tax contemplated by section 321(a)(2)(B), Tariff Act of 1930, as amended (19 U.S.C. 1321(a)(2)(B)), may be applied to articles for his personal or household use including gifts, but not for any business or commercial use, accompanying:</P> <P>(1) A nonresident arriving in the United States who is not entitled to an exemption for gifts under subheading 9804.00.30 Harmonized Tariff Schedule of the United States (HTSUS) (19 U.S.C. 1202) (see § 148.44); or</P> <P>(2) A returning resident who is not entitled to the $800 or $1,600 exemption <PRTPAGE P="154"/>for articles acquired abroad under subheading 9804.00.65, 9804.00.70 or 9804.00.72, HTSUS (see Subpart D of this part).</P> <P>(b) <E T="03">Limitations.</E> No article accompanying a person arriving in the United States will be exempted from duty or internal revenue tax under section 321(a)(2)(B), Tariff Act of 1930, as amended, if any article accompanying such person is subject to duty or tax by reason of the following limitations on the application of this exemption:</P> <P>(1) <E T="03">Value of articles.</E> The exemption shall be allowed only when the aggregate fair retail value of all articles not otherwise entitled to an exemption does not exceed $200.</P> <P>(2) <E T="03">Articles subject to internal revenue tax.</E> The exemption will not be applied to articles subject to internal revenue tax other than:</P> <P>(i) Cigarettes not in excess of 50;</P> <P>(ii) Cigars not in excess of 10;</P> <P>(iii) Alcoholic beverages not in excess of 150 milliliters; or</P> <P>(iv) Alcoholic perfumery not in excess of 150 milliliters; or</P> <P>(c) <E T="03">Family grouping.</E> Family grouping of the exemption shall not be allowed.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> citations affecting § 148.51, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at <E T="03">www.fdsys.gov</E>.</P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 148.52</SECTNO> <SUBJECT>Exemption for household effects used abroad.</SUBJECT> <P>(a) <E T="03">Exemption.</E> Furniture, carpets, paintings, tableware, books, libraries, and other usual household furnishings and effects actually used abroad for not less than 1 year by resident or nonresidents, and not intended for any other person or for sale may be allowed entry free of duty and tax under subheading 9804.00.05, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202). Household effects used abroad not less than 1 year by a family of which the importer was a resident member for not less than 1 year during the period of use may be allowed free entry whether or not the importer owned the effects at the time of such use. The year of use need not be continuous, nor need it immediately precede the time of importation.</P> <P>(b) <E T="03">Proof of use.</E> In order to obtain free entry for household effects under this section, the use of the effects abroad for 1 year must be proven to the satisfaction of the port director. The port director, in his discretion, may require evidence of use other than the declaration provided for in paragraph (c) of this section.</P> <P>(c) <E T="03">Declaration.</E> When household effects are claimed to be free of duty a declaration of the owner on Customs Form 3299 shall be required to support the claim for free entry. If it is impracticable to produce the declaration at the time of entry, the importer may give a bond on Customs Form 301, containing the bond conditions set forth in § 113.62 of this chapter, for the production of the owner's declaration within 6 months.</P> <P>(d) <E T="03">Arrival of effects more than 10 years after arrival of importer.</E> As a general rule, household effects arriving more than 10 years after the last arrival of the importer from the country in which the effects were used shall not be admitted free of duty under this exemption unless the port director is satisfied from the importer's explanation that the effects were unavoidably detained beyond the 10-year period. However, in no case shall free entry be allowed under this provision when a period of 25 years or more has elapsed since the last arrival of the importer in the United States from the country in which the effects were used.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 84-213, 49 FR 41186, Oct. 19, 1984; T.D. 89-1, 53 FR 51265, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.53</SECTNO> <SUBJECT>Exemption for tools of trade.</SUBJECT> <P>(a) <E T="03">Exemption.</E> Professional books, implements, instruments, or tools of trade, occupation or employment, may be allowed entry free of duty and tax under the provisions of subheading 9804.00.15, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), for such articles owned and used abroad by any person emigrating to the United States, or subheading 9804.00.10 for such articles taken abroad by or for the account of any person arriving in the United States. The exemption for emigrants under subheading 9804.00.15, HTSUS shall not be applied to:<PRTPAGE P="155"/> </P> <P>(1) Theatrical scenery, properties, or apparel;</P> <P>(2) Articles for use in any manufacturing establishment;</P> <P>(3) Articles for any other person; or</P> <P>(4) Articles for sale.</P> <P>(b) <E T="03">Declaration.</E> A declaration of the emigrant or returning individual on Customs Form 3299 shall be required to support the claim of free entry. However, an oral declaration may be accepted from a returning individual in lieu of a written declaration for any such articles claimed to be free of duty under subheading 9804.00.10, HTSUS (19 U.S.C. 1202).</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 89-1, 53 FR 51265, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.54</SECTNO> <SUBJECT>Exemption for effects of citizens dying abroad.</SUBJECT> <P>(a) <E T="03">Exemption.</E> Articles claimed to be personal and household effects, not stock in trade, the title to which is in the estate of a citizen of the United States who died abroad may be allowed entry free of duty and tax under subheading 9804.00.85, and Chapter 98, U.S. Note 3, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202).</P> <P>(b) <E T="03">Entry.</E> Such effects shall be entered in accordance with the provisions of §§ 143.11 through 143.16 of this chapter, or if the value of such effects does not exceed $250, entry may be permitted under the provisions of §§ 143.21 through 143.28 of this chapter.</P> <P>(c) <E T="03">Statement of facts required.</E> The port director shall require in connection with the entry the written statement of a person having knowledge of the facts or shall otherwise satisfy himself as to the citizenship of the deceased owner of the effects at the time of death.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 78-99, 43 FR 13061, Mar. 28, 1978; T.D. 89-1, 53 FR 51265, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.55</SECTNO> <SUBJECT>Exemption for articles bearing American trademark.</SUBJECT> <P>(a) <E T="03">Application of exemption.</E> An exemption is provided for trademarked articles accompanying any person arriving in the United States which would be prohibited entry under section 526, Tariff Act of 1930, as amended (19 U.S.C. 1526), or section 42 of the Act of July 5, 1946 (60 Stat. 440; 15 U.S.C. 1124), because the trademark has been registered with the U.S. Patent and Trademark Office and recorded with Customs. The exemption may be applied to those trademarked articles of foreign manufacture bearing a trademark owned by a citizen of, or a corporation or association created or organized within, the United States when imported for the arriving person's personal use in the quantities provided in pararaph (c) of this section. Unregistered and unrecorded trademarked articles are not subject to quantity limitation.</P> <P>(b) <E T="03">Limitations</E>—(1) <E T="03">30-day period.</E> The exemption in paragraph (a) of this section shall not be granted to any person who has taken advantage of the exemption for the same type of article within the 30-day period immediately prior to his arrival in the United States. The date of the person's last arrival on which he claimed this exemption shall be considered to be the date he last took advantage of the exemption.</P> <P>(2) <E T="03">Sale of exempted articles.</E> If an article which has been exempted is sold within one year of the date of importation, the article or its value (to be recovered from the importer), is subject to forfeiture. A sale subject to judicial order or in the liquidation of an estate is not subject to the provisions of this paragraph.</P> <P>(c) <E T="03">Quantities.</E> Generally, each person arriving in the United States may apply the exemption to one article of the type bearing a protected trademark. The Commissioner shall determine if a quantity of an article in excess of one may be entered and, with the approval of the Secretary of the Treasury, publish in the <E T="04">Federal Register</E> a list of types of articles and the quantities of each entitled to the exemption. If the holder of a protected trademark allows importation of a quantity in excess of one of its particular trademarked article, the total of those trademarked articles authorized by the trademark holder may be entered without penalty.</P> <CITA>[T.D. 79-159, 44 FR 31969, June 4, 1979; 44 FR 35208, June 19, 1979, as amended by T.D. 91-77, 56 FR 46115, Sept. 10, 1991]</CITA> </SECTION> </SUBPART> <SUBPART> <PRTPAGE P="156"/> <HD SOURCE="HED">Subpart G—Crewmember Declarations and Exemptions</HD> <SECTION> <SECTNO>§ 148.61</SECTNO> <SUBJECT>Status as crewmembers.</SUBJECT> <P>The following persons arriving in the United States shall not be treated as crewmembers:</P> <P>(a) Members of the uniformed services of the United States and persons in the civil service of the United States engaged in the operation of a vessel, vehicle, or aircraft owned by, or under the complete control and management of, the United States or any of its agencies.</P> <P>(b) Persons engaged in the operation of a private or public aircraft.</P> <P>(c) Persons not connected with the operation, navigation, ownership, or business of a vessel, vehicle or aircraft engaged in international traffic.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 76-338, 41 FR 54167, Dec. 13, 1976]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.62</SECTNO> <SUBJECT>Declaration and entry of articles by crewmembers.</SUBJECT> <P>(a) <E T="03">Declaration required.</E> Articles which are to be landed by a crewmember, including any person traveling on board a vessel, vehicle, or aircraft engaged in international traffic who is returning from a trip on which he was employed as a crewmember, shall be declared upon arrival of the vessel, vehicle, or aircraft in the United States. When practicable, the clearance of articles through Customs shall be made and permission to unlade obtained before the articles are taken from the carrier. However, if no danger to the revenue will result, articles may be submitted for examination and clearance to the Customs office on the pier or at the landing place.</P> <P>(b) <E T="03">Form of declaration</E>—(1) <E T="03">Oral declaration.</E> A crewmember may be permitted to make an oral declaration and entry if all articles he has to declare, in addition to articles for use in port on temporary leave for which no entry is required in accordance with § 148.63, may be admitted free of duty and tax under section 321(a)(2)(B), Tariff Act of 1930, as amended (19 U.S.C. 1321(a)(2)(B)) (See § 148.64).</P> <P>(2) <E T="03">Written declaration.</E> A written declaration on Customs Form 5129, Crewmember's Declaration shall be required in any case in which an oral declaration is not permitted. A written declaration may be required in any case if necessary to effect prompt and orderly clearance of crewmembers and their effects or if deemed necessary to protect the revenue.</P> <P>(c) <E T="03">Transfer without declaration.</E> Articles belonging to a crewmember may be transferred from one carrier to another in international traffic without declaration, entry, or assessment of duty if the transfer is carried out under the supervision of Customs officers, or by a bonded cartman if necessary.</P> <P>(d) <E T="03">Entry at port where articles to be landed.</E> Articles in the possession of or owned by a crewmember of a character for which entry must be made when they are brought into the United States shall be entered at the port where the articles are to be landed. However, if the crewmember remains on a vessel, vehicle, or aircraft which is to proceed to another port of the United States in a movement in which entry of the vessel, vehicle, or aircraft will not be required, entry of the articles shall be made at the port at which such movement begins.</P> <P>(e) <E T="03">Collection of duty and taxes.</E> Any duties and taxes found due shall be collected as in the case of arriving passengers.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 78-99, 43 FR 13061, Mar. 29, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.63</SECTNO> <SUBJECT>Articles for use while on temporary leave.</SUBJECT> <P>(a) <E T="03">Exemption.</E> Articles in the possession of and exclusively for use by any crewmember during the trip or voyage, such as necessary clothing, toiletries, and purely personal effects, may be landed by such crewmember for use on temporary leave without a written declaration or entry, and without payment of duty or internal revenue tax under subheading 9804.00.80, Harmonized Tariff Schedule of the United States (HTSUS) (19 U.S.C. 1202), if the port director is satisfied that:</P> <P>(1) The articles are reasonable and appropriate for the crewmember's accommodation while on temporary leave, and are to be taken out of the United States, except for articles consumed in use;<PRTPAGE P="157"/> </P> <P>(2) The articles are intended exclusively for the crewmember's bona fide personal use;</P> <P>(3) The quantities are reasonable, depending on the circumstances in each particular case; and</P> <P>(4) In the case of tobacco products and alcoholic beverages, the containers have been opened and the total quantity landed shall not exceed 50 cigars, 300 cigarettes, or 2 kilograms of smoking tobacco, or a proportionate amount of each, and 1 liter of alcoholic beverages.</P> <P>(b) <E T="03">Temporary leave.</E> A crewmember is not considered to be on temporary leave from a vessel, vehicle, or aircraft engaged in international traffic or entitled to the exemption under this section upon disembarkation when he is to remain in the confines of a pier, terminal, airport, or area immediately adjacent thereto, in order to timely embark on the carrier in the course of a continuous journey or on a concurrently scheduled arrival and departure.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 80-179, 45 FR 45580, July 7, 1980; T.D. 89-1, 53 FR 51265, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.64</SECTNO> <SUBJECT>Administrative exemption.</SUBJECT> <P>(a) <E T="03">Application of exemption.</E> The exemption from duty and internal revenue tax contemplated by section 321(a)(2)(B), Tariff Act of 1930, as amended (19 U.S.C. 1321(a)(2)(B)), may be applied to articles for the personal and household use, including gifts, of a crewmember arriving in the United States who is not entitled to an exemption under subheading 9804.00.30, 9804.00.65, 9804.00.70, or 9804.00.72, Harmonized Tariff Schedule of the United States (HTSUS) (see §§ 148.66(c) and 148.65). The exemption may be applied when the crewmember is entitled to an exemption under subheading 9804.00.80, HTSUS (19 U.S.C. 1202), for articles for use while on temporary leave (§ 148.63).</P> <P>(b) <E T="03">Limitations.</E> No article accompanying a crewmember arriving in the United States shall be exempted from duty or internal revenue tax under section 321(a)(2)(B), Tariff Act of 1930, as amended, if any article accompanying such crewmember is subject to duty or internal revenue tax by reason of the following limitations.</P> <P>(1) <E T="03">Value of articles.</E> The exemption shall be allowed only when the aggregate fair retail value of all articles not otherwise entitled to an exemption does not exceed $200.</P> <P>(2) <E T="03">Articles subject to internal revenue tax.</E> The exemption shall not be applied to any article subject to internal revenue tax in addition to any articles allowed an exemption under subheading 9804.00.80, HTSUS (19 U.S.C. 1202), other than:</P> <P>(i) Cigarettes not in excess of 50;</P> <P>(ii) Cigars not in excess of 10;</P> <P>(iii) Alcoholic beverages not in excess of 150 milliliters; or</P> <P>(iv) Alcoholic perfumery not in excess of 150 milliliters (Subheading 9805.00.50, HTSUS (19 U.S.C. 1202, 1321)). [T.D. 80-179.].</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 80-179, 45 FR 45580, July 7, 1980; T.D. 84-149, 49 FR 28699, July 16, 1984; T.D. 89-1, 53 FR 51265, Dec. 21, 1988; T.D. 94-51, 59 FR 30296, June 13, 1994; T.D. 97-75, 62 FR 46442, Sept. 3, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.65</SECTNO> <SUBJECT>Exemption for resident crewmembers.</SUBJECT> <P>(a) <E T="03">Status as returning resident.</E> A crewmember arriving in a vessel, vehicle, or aircraft from a foreign port who is a resident of the United States shall be considered a returning resident qualifying for the exemptions allowed under Chapter 98, Subchapter IV, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), and subpart D of this part if he permanently leaves the carrier without the intention of resuming his employment on the same or any other carrier that is engaged in international traffic.</P> <P>(b) <E T="03">Statement of declaration.</E> A resident crewmember who claims that articles declared by him are entitled to be passed free of duty and tax under the returning resident's exemption, shall include a legible statement on the declaration, Customs Form 5129, of the basis for his claim for entitlement to the resident's exemption.</P> <CITA>[T.D. 81-218, 46 FR 42657, Aug. 24, 1981, as amended by T.D. 89-1, 53 FR 51265, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <PRTPAGE P="158"/> <SECTNO>§ 148.66</SECTNO> <SUBJECT>Exemptions for nonresident crewmembers.</SUBJECT> <P>(a) <E T="03">Status as arriving nonresident.</E> A nonresident crewmember will be treated as an arriving nonresident for purposes of claiming the exemptions allowable under Chapter 98, Subchapter IV, Harmonized Tariff Schedule of the United States (HTSUS) (19 U.S.C. 1202), and subpart E of this part when he permanently leaves his employment with a vessel, vehicle, or aircraft at a port in the United States without intention of resuming employment on the same or another carrier in international traffic. However, a nonresident crewmember shall not be treated as an arriving nonresident for this purpose when he departs a carrier for temporary leave but retains his employment with the carrier so that he will be going foreign again in the course of his continuing employment (see § 148.63).</P> <P>(b) <E T="03">Articles carried through the United States.</E> A nonresident crewmember, permanently leaving a carrier in a U.S. port to travel as a passenger on another carrier which will take him to a place outside the United States, who desires to take with him articles not exceeding $200 in aggregate value (including not more than 4 liters of alcoholic beverages) without the payment of duty or internal revenue tax as provided in item 812.40 (see § 148.41), may be accorded free entry of the articles under the following procedure:</P> <P>(1) <E T="03">Declaration and supporting statement.</E> The nonresident crewmember shall itemize the articles on his declaration and entry, Customs Form 5129, required by § 148.62(b)(2), and shall state in writing in support of his declaration that:</P> <P>(i) He has been finally discharged from the carrier, with the date of discharge;</P> <P>(ii) He intends to depart from the same or another U.S. port as a passenger on another carrier for a place outside U.S. Customs territory; and</P> <P>(iii) The articles will be taken with him on such carrier and will not remain in the United States.</P> <P>(2) <E T="03">Allowance by port director.</E> The port director may require verification of the crewmember's discharge and a statement as to the accuracy of the second and third supporting statements of the crewmember from the person in charge of the carrier, the vessel agent, or the port captain. If the port director is satisfied that the crewmember's statements are correct, the articles may be passed free of duty and internal revenue tax under subheading 9808.00.40, HTSUS (19 U.S.C. 1202).</P> <P>(c) <E T="03">Articles to be disposed of as gifts.</E> A nonresident crewmember shall itemize on his baggage declaration and entry, Customs Form 5123 or 5129, required by § 148.62, all articles in his possession for which he seeks entry under subheading 9804.00.30, HTSUS (19 U.S.C. 1202), as bona fide gifts. The crewmember must be permanently leaving his employment on the international carrier for a stay in the United States of at least 72 hours before departing for a place outside the United States as a passenger.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 78-99, 43 FR 13061, Mar. 29, 1978; T.D. 78-394, 43 FR 49789, Oct. 25, 1978; T.D. 89-1, 53 FR 51265, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.67</SECTNO> <SUBJECT>Penalties for failure to declare articles.</SUBJECT> <P>(a) <E T="03">Avoidance of inspection.</E> When articles may be presented to the Customs office on the pier or at the landing place for inspection and clearance, if the circumstances under which the articles are landed indicate an attempt to avoid inspection, the penalties prescribed in section 453, Tariff Act of 1930, as amended (19 U.S.C. 1453), shall be assessed.</P> <P>(b) <E T="03">Articles landed without declaration.</E> Any article landed without having been properly declared as provided in § 148.62 shall be considered as having been unladen without a permit and the penalties provided in 19 U.S.C. 1453 or 19 U.S.C. 1644 and 1644a shall be assessed as applicable.</P> <P>(c) <E T="03">Articles omitted from declaration.</E> If the declaration does not include all the articles landed, the crewmember shall be subject to the penalties prescribed in section 497, Tariff Act of 1930 (19 U.S.C. 1497), with respect to the articles omitted. The penalties prescribed in section 453, Tariff Act of 1930, as amended (19 U.S.C. 1453), shall not be assessed if any, though not all, of the <PRTPAGE P="159"/>articles are declared, except as provided in paragraph (a) of this section.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 98-74, 63 FR 51290, Sept. 25, 1998]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart H—Military and Civilian Employees of the United States, and Evacuees</HD> <SECTION> <SECTNO>§ 148.71</SECTNO> <SUBJECT>Status of persons in service of United States as returning residents.</SUBJECT> <P>A person in the service of the United States and members of his family arriving in the United States are ordinarily considered returning residents for the purpose of Chapter 98, Subchapter IV, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), except that the following persons are treated as nonresidents:</P> <P>(a) A wife or husband of any person in the service of the United States emigrating to the United States, and</P> <P>(b) A child born abroad of any person in the service of the United States who is arriving in the United States for the first time.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 89-1, 53 FR 51265, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.72</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 148.73</SECTNO> <SUBJECT>Baggage on carriers operated by the Department of Defense.</SUBJECT> <P>(a) <E T="03">Declaration.</E> All persons, including crewmembers, entering the United States on carriers operated by or for the Department of Defense shall execute written baggage declarations.</P> <P>(b) <E T="03">Exemptions applicable.</E> Passengers on transports shall be granted the applicable exemptions from duty provided for in Chapter 98, Subchapter IV, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202). Members of the Armed Forces of the United States and personnel in the civil service of the United States engaged in the operation of the vessel shall be accorded the same privilege. Civilian officers and crewmembers not in the service of the United States shall be subject to the provisions of subpart G of this part with respect to exemption from duty.</P> <P>(c) <E T="03">Examination of baggage.</E> Baggage on transports shall be examined at the port where landed in the same manner as baggage on commercial vessels.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 82-213, 48 FR 46979, Oct. 17, 1983; T.D. 89-1, 53 FR 51265, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.74</SECTNO> <SUBJECT>Exemption on termination of assignment to extended duty or on evacuation.</SUBJECT> <P>(a) <E T="03">Exemption.</E> With the limitation on alcoholic beverages and tobacco products provided in paragraph (c) of this section, entry free of duty and tax under subheading 9805.00.50, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), may be accorded personal and household effects of:</P> <P>(1) Any person in the service of the United States who returns to the United States upon the termination of assignment to extended duty at a post or station outside the Customs territory of the United States;</P> <P>(2) Members of his family who have resided with him at such post or station and are returning upon the termination of his assignment; or</P> <P>(3) Any person evacuated to the United States under Government orders or instructions.</P> <P>(b) The term “personal effects” as used in subheading 9805.00.50, HTSUS, is not confined to that class of articles described in subheading 9804.00.20, HTSUS, nor is any period of use, such as prescribed by subheading 9804.00.05, HTSUS, applicable to household effects entered under subheading 9805.00.50, HTSUS. The privilege of free entry under subheading 9805.00.50, HTSUS, does not apply to:</P> <P>(1) Articles imported for sale, or for the account of any person not specified in subheading 9805.00.50, HTSUS; or</P> <P>(2) Articles which have not been in the direct personal possession of the claimant, or a member of his household, while abroad.</P> <P>(c) <E T="03">Limitation on alcoholic beverages and tobacco products.</E> A total of not more than 4 liters of alcoholic beverages and not more than 100 cigars shall be accorded free entry under subheading 9805.00.50, HTSUS, subject to the conditions that:<PRTPAGE P="160"/> </P> <P>(1) These articles accompany the person making the claim for free entry upon his arrival in the U.S.;</P> <P>(2) Not more than 1 liter of any such alcoholic beverages shall have been distilled or otherwise manufactured and bottled in any place other than the United States or its possessions;</P> <P>(3) Such individual has not concurrently claimed exemption as a returning resident under subheading 9804.00.65, 9804.00.70, or 9804.00.72, HTSUS; and</P> <P>(4) Such person, if other than one in the service of the U.S., shall have attained the age of 21.</P> <P>(d) <E T="03">Termination of assignment to extended duty.</E> The requirement of subheading 9805.00.50, HTSUS that the person “returns to the United States upon the termination of assignment to extended duty” shall be considered met upon the necessary proof being submitted that any one of the following is applicable:</P> <P>(1) The person is returning upon the termination of a tour of duty outside the Customs territory of the United States of at least 140 days' duration.</P> <P>(2) The person is returning after the termination of an assignment under permanent change of station orders to duty at a post or station outside the Customs territory of the United States, regardless of the duration of the duty. A crewmember, including a member of a command, serving on a United States naval vessel when it departs from the United States on an intended deployment of 120 days or more outside the Customs territory of the United States and who continues to serve on the vessel until it returns to the United States may be considered as returning after the termination of an assignment of duty under permanent change of station orders.</P> <P>(3) The person is returning to the United States upon the termination of a tour of duty at any time after leaving the United States for duty of not less than 140 days outside the Customs territory of the United States.</P> <P>(4) The person, although not returning to the United States, is ordered by the Government agency involved from duty at a post or station outside the Customs territory of the United States to duty at another post or station outside the Customs territory of the United States necessitating the return to the United States of his personal and household effects.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 80-179, 45 FR 45580, July 7, 1980; T.D. 89-1, 53 FR 51265, Dec. 21, 1988; T.D. 97-75, 62 FR 46442, Sept. 3, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.75</SECTNO> <SUBJECT>Persons ineligible for exemption on termination of assignment.</SUBJECT> <P>(a) <E T="03">Persons returning from temporary assignment.</E> No person, or member of his family, shall be allowed free entry of personal and household effects under subheading 9805.00.50, Harmonized Tariff Schedule of the United States (HTSUS) (19 U.S.C. 1202), where the person returns to the United States pursuant to Government orders or instructions which authorized him initially to proceed to a foreign post or station and return to the United States upon termination of temporary duty, except as it may otherwise be deemed proper in accordance with the provisions of § 148.74(d) or § 148.76.</P> <P>(b) <E T="03">Persons returning on leave or before termination of extended duty assignment.</E> A person returning on leave, other than on reemployment leave at the termination of assignment to extended duty as defined in § 148.74(d), or otherwise returning before the termination of an assignment to extended duty outside the Customs territory of the United States, with or without orders covering the return, is not eligible for an exemption under subheading 9805.00.50, HTSUS (19 U.S.C. 1202).</P> <P>(c) <E T="03">Person returning on temporary duty assignment.</E> A person returning to the United States under orders on temporary duty assignment at the termination of which he is returned to his duty station abroad to resume his regular duties is not regarded as returning to the United States at the termination of extended duty outside the Customs territory of the United States and is not eligible for an exemption under subheading 9805.00.50, HTSUS (19 U.S.C. 1202).</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 89-1, 53 FR 51266, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <PRTPAGE P="161"/> <SECTNO>§ 148.76</SECTNO> <SUBJECT>Waiver of requirements or limitations.</SUBJECT> <P>In any case in which the limitation on the quantity of alcoholic beverages and tobacco products which may be exempted from duty and tax under § 148.74(c) or the failure of the person to meet the requirements that he be returning upon the termination of assignment to “extended duty,” as explained in § 148.74(d), will cause undue hardship to the person through no fault of his own, but rather because of the nature of his assignment or other hardship circumstances, the Commissioner of Customs, upon receipt of a request from the Government agency involved, may waive the limitation or the requirement, as the case may be, if he deems such waiver warranted by the facts.</P> </SECTION> <SECTION> <SECTNO>§ 148.77</SECTNO> <SUBJECT>Entry of effects on termination of assignment to extended duty, or on evacuation.</SUBJECT> <P>(a) <E T="03">General procedure.</E> All articles for which free entry is claimed under subheading 9805.00.50, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), shall be entered or withdrawn in accordance with the requirements prescribed by the Tariff Act of 1930, as amended. Port directors shall be satisfied in all cases that the articles for which free entry is claimed under subheading 9805.00.50, HTSUS, are personal and household effects of the importer entitled to the benefits of item 817.00, particularly in those cases where the quantity of effects imported may appear to be unreasonable for personal or household use. No invoice shall be required for articles accorded free entry under this provision.</P> <P>(b) <E T="03">Declaration and entry</E>—(1) <E T="03">Person entitled to exemption.</E> Declaration and entry for articles claimed to be exempt from duty and tax under subheading 9805.00.50, HTSUS (19 U.S.C. 1202), may be made on Customs Form 3299, or Department of Defense Form (DD) 1252 when entry is made in the name of the person who is entitled to the benefits of the exemption. The date of the person's last departure from the United States shall be indicated on the declaration and entry.</P> <P>(2) <E T="03">Designated official.</E> Customs Form 3299 or Department of Defense Form 1252 executed on behalf of the owner of unaccompanied personal and household effects by either a United States Dispatch Agent or a designated responsible military official in his own name, may be accepted by the Customs officer as the declaration and entry if there is a valid reason evident from the owner's travel orders or information at hand why the United States Government agency concerned is unable to present Department of Defense Form (DD) 1252 or Customs Form 3299 executed by the owner. The date of the owner's last departure from the United States need not be indicated on the form. The following statement shall be added across the face or to the back of Customs Form 3299 or Department of Defense Form 1252. </P> <EXTRACT> <P>This form is completed on behalf of (Name of Government employee) Travel orders and information on hand in this office show that the named person has met all requirements of section 148.74, Customs Regulations, and is entitled to the benefits of subheading 9805.00.50, Harmonized Tariff Schedule of the United States. The shipment imported consists of nothing but personal and household effects of the named person, which effects are not imported for sale or as an accommodation for others.</P> </EXTRACT> <P>(c) <E T="03">Verification of claim for exemption</E>—(1) <E T="03">By travel orders.</E> The declaration and entry shall be verified by the Customs officer by an inspection of the owner's travel orders. If the port director accepts an inspection of the owner's travel orders as evidence that the effects were brought into the United States within the requirements of subheading 9805.00.50, the owner's travel orders shall be identified on the entry, which shall be handled like a free baggage declaration.</P> <P>(2) <E T="03">By other evidence.</E> The declaration and entry may be verified by other evidence which satisfies the port director that the effects were brought into the United States in connection with:</P> <P>(i) The person's return to the United States upon the termination of assignment to extended duty, as explained in § 148.74(d);</P> <P>(ii) The return of members of his family who have resided with him at his post or station upon the termination of his assignment; or<PRTPAGE P="162"/> </P> <P>(iii) The evacuation of a person to the United States under Government orders or instructions.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 82-145, 47 FR 35478, Aug. 16, 1982; T.D. 85-123, 50 FR 29955, July 23, 1985; T.D. 89-1, 53 FR 51266, Dec. 21, 1988]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart I—Personnel of Foreign Governments and International Organizations and Special Treatment for Returning Individuals</HD> <SECTION> <SECTNO>§ 148.81</SECTNO> <SUBJECT>General provisions.</SUBJECT> <P>(a) <E T="03">Reciprocal privileges.</E> The privileges provided for in §§ 148.81 through 148.86 and § 148.90 of this chapter shall be accorded only if reciprocal privileges are granted by the foreign government involved to U.S. personnel of comparable status.</P> <P>(b) <E T="03">Baggage and effects.</E> The term “baggage and effects,” as used in this subpart includes all articles which were in the possession of a person abroad, and are being imported in connection with his arrival, and which are intended for his bona fide personal or household use. It does not include articles imported as an accommodation to others or for sale or other commercial use.</P> <P>(c) <E T="03">Aliens.</E> The privileges provided in this subpart shall be accorded only to alien representatives, officers, employees, and members of the armed forces of foreign governments and designated public international organizations.</P> <P>(d) <E T="03">Internal revenue tax.</E> Any article exempted from the payment of duty under this subpart shall be exempt also from the payment of any internal revenue tax imposed upon or by reason of importation.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 73-227, 38 FR 22548, Aug. 22, 1973]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.82</SECTNO> <SUBJECT>Diplomatic, consular, and other privileged personnel.</SUBJECT> <P>(a) <E T="03">Inviolability of the person of diplomatic personnel.</E> The person of the representatives of foreign governments and members of their families set forth below shall be free from arrest, search, or detention:</P> <P>(1) Ambassadors, ministers, chargés d'affaires, secretaries, counselors, attachés of foreign embassies and legations, and other heads of diplomatic missions or members of the diplomatic staffs of such missions, accredited to the United States or en route between other countries to which accredited and their own countries.</P> <P>(2) Members of the families forming part of the households of the diplomatic personnel listed in the preceding subparagraph, who are accompanying them or traveling separately to join them incidental to their official travel, excluding those members of families who are U.S. nationals.</P> <P>(3) Members of the administrative and technical staffs of diplomatic missions accredited to the United States and members of their families forming part of their household, all of whom are not nationals or permanent residents of the United States who are accompanying them or traveling separately to join them incidental to their official travel.</P> <P>(4) Diplomatic and consular couriers.</P> <P>(b) <E T="03">Exemption for baggage and effects and admission without entry.</E> The baggage and effects of the following representatives of foreign governments shall be admitted free of duty without the filing of an entry, upon the request of the Department of State and appropriate instructions from the United States Customs Service in each instance:</P> <P>(1) Ambassadors, ministers, chargés d'affaires, secretaries, counselors, attachés of embassies and legations, and other members of the diplomatic staffs of such missions accredited to the United States or en route to or from other countries to which assigned, as well as recognized consular officers, and the immediate families, suites, and servants of all the above under subheading 9806.00.05, Harmonized Tariff Schedule of the United States (HTSUS) (19 U.S.C. 1202).</P> <P>(2) Members of the administrative and technical staffs of diplomatic missions and members of their families forming part of their households, all of whom are not nationals or permanent residents of the United States under subheading 9806.00.05, Harmonized Tariff Schedule of the United States (19 <PRTPAGE P="163"/>U.S.C. 1202). Unless more extensive privileges are provided in treaties or special agreements between the United States and the foreign country concerned, this privilege is limited to baggage and effects imported at the time of first installation.</P> <P>(3) Consular employees who are not nationals or permanent residents of the United States. Unless more extensive privileges are provided in treaties or special agreements between the United States and the foreign country concerned, this privilege is limited to articles imported at the time of first installation.</P> <P>(4) Other high officials of foreign governments and such distinguished foreign visitors as may be designated by the Department of State, and their immediate families under subheading 9806.00.25, HTSUS.</P> <P>(5) Foreign government personnel entitled to privileges under statutes or treaties under subheading 9806.00.30, HTSUS.</P> <P>(6) Diplomatic couriers, limited to accompanying baggage and effects.</P> <P>(c) <E T="03">Absence of special request.</E> In the absence of special request from the Department of State prior to the arrival of representatives of foreign governments enumerated in paragraph (b)(1) of this section, their immediate families as well as accompanying suites and servants, and diplomatic couriers, their baggage and effects may be admitted free of duty without entry upon presentation of their credentials or other proof of their identity.</P> <P>(d) <E T="03">Delay in arrival of baggage or effects.</E> If by accident or unavoidable delay in shipment the baggage or other effects of a person entitled to the privileges of this section shall arrive after him upon satisfactory proof of ownership, such baggage or effects may be passed free of duty without entry.</P> <P>(e) <E T="03">Inspection of baggage</E>—(1) <E T="03">Exemption for representatives of foreign governments.</E> The personal baggage of the following representatives of foreign governments and their families is ordinarily exempt from inspection:</P> <P>(i) Ambassadors, ministers, chargés d'affaires, secretaries, counselors, attachés of foreign embassies or legations, and other members of the diplomatic staffs of such missions, who are accredited to the United States or en route between other countries to which accredited and their own countries and members of their families forming part of their household who are not nationals of the United States.</P> <P>(ii) Consular officers recognized by the United States and members of their families forming part of their household who are not nationals or permanent residents of the United States, provided the baggage accompanies them.</P> <P>(iii) Diplomatic couriers, provided the baggage accompanies them.</P> <P>(2) <E T="03">Conditions permitting inspection.</E> The personal baggage of representatives of foreign governments listed in paragraph (e)(1) of this section and members of their families may be inspected if there is serious reason to believe that it contains:</P> <P>(i) Articles other than those for the personal use of such persons or for the use of their establishments or for official mission use.</P> <P>(ii) In the case of consular officers and their families, articles intended for consumption in excess of the quantities necessary for direct use by the person concerned.</P> <P>(iii) Articles which are absolutely or conditionally prohibited importation or exportation under the laws or regulations of the United States, or which are subject to the quarantine laws or regulations of the United States.</P> <P>(3) <E T="03">Presence of foreign representative.</E> When inspection of personal baggage is permitted under paragraph (e)(2) of this section, the inspection shall take place only in the presence of the affected representative of a foreign government, or his authorized agent.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 89-1, 53 FR 51266, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.83</SECTNO> <SUBJECT>Diplomatic and consular bags.</SUBJECT> <P>(a) <E T="03">Diplomatic bags.</E> The contents of diplomatic bags are restricted to diplomatic documents and articles intended exclusively for official use and packages constituting the diplomatic bag must bear visible marks of their character. Diplomatic bags shall not be opened or detained nor shall they be subject to duty or entry.<PRTPAGE P="164"/> </P> <P>(b) <E T="03">Consular bags.</E> Consular bags must bear visible external marks of their character and their contents are restricted to official correspondence and documents or articles intended exclusively for official use. Consular bags shall not be subject to duty and ordinarily shall not be opened or detained. However, if Customs officers have serious reason to believe that a consular bag contains other than permissible materials, they may request that the bag be opened in their presence by an authorized representative of the foreign government concerned. If this request is refused, the consular bag shall be returned to its place of origin.</P> </SECTION> <SECTION> <SECTNO>§ 148.84</SECTNO> <SUBJECT>Special treatment for returning individuals.</SUBJECT> <P>(a) Except as otherwise provided by law, an individual returning to the United States from abroad:</P> <P>(1) Shall not have his or her baggage and effects admitted free of duty without entry.</P> <P>(2) Shall not be entitled to expedited Customs examination and clearance of his or her baggage and effects unless the port director finds:</P> <P>(i) That the individual:</P> <P>(A) Is seriously ill or infirm;</P> <P>(B) Was summoned by news of affliction or disaster; or</P> <P>(C) Is accompanying the body of a deceased relative; or</P> <P>(ii) That a special circumstance exists which warrants expedited examination and clearance.</P> <P>(b) For purposes of this section, the term “baggage and effects” means any article which was in the possession of the individual while abroad, is being imported in connection with his or her arrival, and is intended for his or her bona fide personal or household use. This term does not include any article imported as an accommodation to others or for sale or other commercial use.</P> <CITA>[T.D. 78-394, 43 FR 49789, Oct. 25, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.85</SECTNO> <SUBJECT>Subsequent importations for the personal or family use of diplomatic, consular and other privileged personnel.</SUBJECT> <P>The privilege of importing free of duty and without the filing of any entry articles for personal or family use, but not as an accommodation for others or for sale or other commercial use, shall be granted upon the request of the Department of State and upon appropriate instructions from the United States Customs Service in each instance, to the following:</P> <P>(a) Ambassadors, ministers, chargés d'affaires, secretaries, counselors and attachés of foreign embassies and legations accredited to the United States under subheading 9806.00.40, Harmonized Tariff Schedule of the United States (HTSUS) (19 U.S.C. 1202);</P> <P>(b) Other representatives, officers and employees of foreign governments, under subheading 9806.00.50, HTSUS; and</P> <P>(c) Other persons designated pursuant to statute or pursuant to treaties between the United States and the countries which they represent, under subheading 9806.00.55, HTSUS.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 89-1, 53 FR 51266, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.86</SECTNO> <SUBJECT>Articles for official use of representatives of foreign governments and public international organizations.</SUBJECT> <P>Office supplies and equipment and other articles for the official use of members and attaches of foreign embassies and legations, consular officers, and other representatives of foreign governments or of personnel of public international organizations, may be admitted free of duty under subheading 9809.00.20, Harmonized Tariff Schedule of the United States, without the filing of an entry, upon the request of the Department of State.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 82-145, 47 FR 35478, Aug. 16, 1982; T.D. 89-1, 53 FR 51266, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.87</SECTNO> <SUBJECT>Officers and employees of, and representatives to public international organizations.</SUBJECT> <P>(a) <E T="03">Exemption for baggage and effects.</E> The baggage and effects of the alien officers and employees of, or representatives of foreign governments, to the organizations designated by the President as public international organizations pursuant to section 1 of the International Organizations Immunities Act <PRTPAGE P="165"/>(22 U.S.C. 288), and the baggage and effects of their families, suites, and servants, shall be admitted free of duty and without entry under subheading 9806.00.15, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), but only upon the receipt in each instance of instructions from the United States Customs Service issued at the request of the Department of State.</P> <P>(b) <E T="03">Designated public international organizations.</E> The President, by virtue of the authority vested in him by section 1 of the International Organizations Immunities Act of December 29, 1945 (22 U.S.C. 288), has designated certain organizations as public international organizations entitled to the free entry privileges of that statute. The following is a list of the public international organizations currently entitled to such free entry privileges and the Executive orders by which they were designated:</P> <GPOTABLE CDEF="s50,7,xs44" COLS="3" OPTS="L2"> <BOXHD> <CHED H="1">Organization</CHED> <CHED H="1">Executive Order</CHED> <CHED H="1">Date</CHED> </BOXHD> <ROW> <ENT I="01">African Development Bank</ENT> <ENT>12403</ENT> <ENT>Feb. 8, 1983.</ENT> </ROW> <ROW> <ENT I="01">African Development Fund</ENT> <ENT>11977</ENT> <ENT>Mar. 14, 1977.</ENT> </ROW> <ROW> <ENT I="01">Asian Development Bank</ENT> <ENT>11334</ENT> <ENT>Mar. 7, 1967.</ENT> </ROW> <ROW> <ENT I="01">Border Environment Cooperation Commission</ENT> <ENT>12904</ENT> <ENT>Mar. 16, 1994.</ENT> </ROW> <ROW> <ENT I="01">Caribbean Organization</ENT> <ENT>10983</ENT> <ENT>Dec. 30, 1961.</ENT> </ROW> <ROW> <ENT I="01">Commission for Environmental Cooperation</ENT> <ENT>12904</ENT> <ENT>Mar. 16, 1994.</ENT> </ROW> <ROW> <ENT I="01">Commission for Labor Cooperation</ENT> <ENT>12904</ENT> <ENT>Mar. 16, 1994.</ENT> </ROW> <ROW> <ENT I="01">Commission for the Study of Alternatives to the Panama Canal</ENT> <ENT>12567</ENT> <ENT>Oct. 2, 1986.</ENT> </ROW> <ROW> <ENT I="01">Council of Europe in Respect of the Group of States Against Corruption (GRECO)</ENT> <ENT>13240</ENT> <ENT>Dec. 18, 2001.</ENT> </ROW> <ROW> <ENT I="01">Customs Cooperation Council</ENT> <ENT>11596</ENT> <ENT>June 5, 1971.</ENT> </ROW> <ROW> <ENT I="01">European Bank for Reconstruction and Development</ENT> <ENT>12766</ENT> <ENT>June 18, 1991.</ENT> </ROW> <ROW> <ENT I="01">European Space Agency (formerly the European Space Research Organization (ESRO))</ENT> <ENT>12766</ENT> <ENT>June 18, 1991.</ENT> </ROW> <ROW> <ENT I="01">Food and Agriculture Organization</ENT> <ENT>9698</ENT> <ENT>Feb. 19, 1946.</ENT> </ROW> <ROW> <ENT I="01">Great Lakes Fishery Commission</ENT> <ENT>11059</ENT> <ENT>Oct. 23, 1962.</ENT> </ROW> <ROW> <ENT I="01">Hong Kong Economic and Trade Offices</ENT> <ENT>13052</ENT> <ENT>June 30, 1997.</ENT> </ROW> <ROW> <ENT I="01">Inter-American Defense Board</ENT> <ENT>10228</ENT> <ENT>Mar. 26, 1951.</ENT> </ROW> <ROW> <ENT I="01">Inter-American Development Bank</ENT> <ENT>10873</ENT> <ENT>Apr. 8, 1960.</ENT> </ROW> <ROW> <ENT I="01">Inter-American Institute of Agricultural Sciences</ENT> <ENT>9751</ENT> <ENT>July 11, 1946.</ENT> </ROW> <ROW> <ENT I="01">Inter-American Investment Corporation</ENT> <ENT>12567</ENT> <ENT>Oct. 2, 1986.</ENT> </ROW> <ROW> <ENT I="01">Inter-American Statistical Institute</ENT> <ENT>9751</ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">Inter-American Tropical Tuna Commission</ENT> <ENT>11059</ENT> <ENT>Oct. 23, 1962.</ENT> </ROW> <ROW> <ENT I="01">Intergovernmental Maritime Consultative Organization</ENT> <ENT>10795</ENT> <ENT>Dec. 13, 1958.</ENT> </ROW> <ROW> <ENT I="01">International Atomic Energy Agency</ENT> <ENT>10727</ENT> <ENT>Aug. 31, 1957.</ENT> </ROW> <ROW> <ENT I="01">International Bank for Reconstruction and Development</ENT> <ENT>9751</ENT> <ENT>July 11, 1946.</ENT> </ROW> <ROW> <ENT I="01">International Boundary and Water Commission, United States & Mexico</ENT> <ENT>12467</ENT> <ENT>Mar. 2, 1984.</ENT> </ROW> <ROW> <ENT I="01">International Centre for Settlement of Investment Disputes</ENT> <ENT>11966</ENT> <ENT>Jan. 19, 1977.</ENT> </ROW> <ROW> <ENT I="01">International Civil Aviation Organization</ENT> <ENT>9863</ENT> <ENT>May 31, 1947.</ENT> </ROW> <ROW> <ENT I="01">International Coffee Organization</ENT> <ENT>11225</ENT> <ENT>May 22, 1965.</ENT> </ROW> <ROW> <ENT I="01">International Committee of the Red Cross</ENT> <ENT>12643</ENT> <ENT>June 23, 1988.</ENT> </ROW> <ROW> <ENT I="01">International Cotton Advisory Committee</ENT> <ENT>9911</ENT> <ENT>Dec. 19, 1947.</ENT> </ROW> <ROW> <ENT I="01">International Cotton Institute</ENT> <ENT>11283</ENT> <ENT>May 27, 1966.</ENT> </ROW> <ROW> <ENT I="01">International Criminal Police Organization (INTERPOL)—Limited privileges.</ENT> <ENT>12425</ENT> <ENT>June 16, 1983.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>12971</ENT> <ENT>Sep. 15, 1995.</ENT> </ROW> <ROW> <ENT I="01">International Development Association</ENT> <ENT>11966</ENT> <ENT>Jan. 19, 1977.</ENT> </ROW> <ROW> <ENT I="01">International Development Law Institute</ENT> <ENT>12842</ENT> <ENT>Mar. 29, 1993.</ENT> </ROW> <ROW> <ENT I="01">International Fertilizer Development Center</ENT> <ENT>11977</ENT> <ENT>Mar. 14, 1977.</ENT> </ROW> <ROW> <ENT I="01">International Finance Corporation</ENT> <ENT>10680</ENT> <ENT>Oct. 2, 1956.</ENT> </ROW> <ROW> <ENT I="01">International Food Policy Research Institute—Limited privileges only</ENT> <ENT>12359</ENT> <ENT>Apr. 22, 1982.</ENT> </ROW> <ROW> <ENT I="01">International Fund for Agricultural Development</ENT> <ENT>12732</ENT> <ENT>Oct. 31, 1990.</ENT> </ROW> <ROW> <ENT I="01">International Hydrographic Bureau</ENT> <ENT>10769</ENT> <ENT>May 29, 1958.</ENT> </ROW> <ROW> <ENT I="01">International Joint Commission—United States and Canada</ENT> <ENT>9972</ENT> <ENT>June 25, 1948.</ENT> </ROW> <ROW> <ENT I="01">International Labor Organization</ENT> <ENT>9698</ENT> <ENT>Feb. 19, 1946.</ENT> </ROW> <ROW> <ENT I="01">International Maritime Satellite Organization</ENT> <ENT>12238</ENT> <ENT>Sept. 12, 1980.</ENT> </ROW> <ROW> <ENT I="01">International Monetary Fund</ENT> <ENT>9751</ENT> <ENT>July 11, 1946.</ENT> </ROW> <ROW> <ENT I="01">International Pacific Halibut Commission</ENT> <ENT>11059</ENT> <ENT>Oct. 23, 1962.</ENT> </ROW> <ROW> <ENT I="01">International Secretariat for Volunteer Service</ENT> <ENT>11363</ENT> <ENT>July 20, 1967.</ENT> </ROW> <ROW> <ENT I="01">International Telecommunications Satellite Organization (INTELSAT)</ENT> <ENT>11966</ENT> <ENT>Jan. 19, 1977.</ENT> </ROW> <ROW> <ENT I="01">International Telecommunication Union</ENT> <ENT>9863</ENT> <ENT>May 31, 1947.</ENT> </ROW> <ROW> <ENT I="01">International Union for Conservation of Nature and Natural Resources—Limited privileges</ENT> <ENT>12986</ENT> <ENT>Jan. 18, 1996.</ENT> </ROW> <ROW> <ENT I="01">International Wheat Advisory Committee (International Wheat Council)</ENT> <ENT>9823</ENT> <ENT>Jan. 24, 1947.</ENT> </ROW> <ROW> <ENT I="01">Interparliamentary Union</ENT> <ENT>13097</ENT> <ENT>Aug. 7, 1998.</ENT> </ROW> <ROW> <ENT I="01">Israel-United States Binational Industrial Research and Development Foundation</ENT> <ENT>12956</ENT> <ENT>Mar. 13, 1995.</ENT> </ROW> <ROW> <ENT I="01">Korean Peninsula Energy Development Organization</ENT> <ENT>12997</ENT> <ENT>Apr. 1, 1996.</ENT> </ROW> <ROW> <ENT I="01">Multilateral Investment Guarantee Agency</ENT> <ENT>12647</ENT> <ENT>Aug. 2, 1988.</ENT> </ROW> <ROW> <ENT I="01">Multinational Force and Observers</ENT> <ENT>12359</ENT> <ENT>Apr. 22, 1982.</ENT> </ROW> <ROW> <PRTPAGE P="166"/> <ENT I="01">North American Development Bank</ENT> <ENT>12904</ENT> <ENT>Mar. 16, 1994.</ENT> </ROW> <ROW> <ENT I="01">North Pacific Anadromous Fish Commission</ENT> <ENT>12895</ENT> <ENT>Jan. 26, 1994.</ENT> </ROW> <ROW> <ENT I="01">North Pacific Marine Science Organization</ENT> <ENT>12894</ENT> <ENT>Jan. 26, 1994.</ENT> </ROW> <ROW> <ENT I="01">Organization for Economic Cooperation and Development [formerly Organization for European Economic Cooperation]</ENT> <ENT>10133</ENT> <ENT>June 27, 1950.</ENT> </ROW> <ROW> <ENT I="01">Organization for the Prohibition of Chemical Weapons.</ENT> <ENT>13049</ENT> <ENT>June 11, 1997.</ENT> </ROW> <ROW> <ENT I="01">Organization of African Unity (OAU)</ENT> <ENT>11767</ENT> <ENT>Feb. 19, 1974.</ENT> </ROW> <ROW> <ENT I="01">Organization of American States</ENT> <ENT>10533</ENT> <ENT>June 3, 1954.</ENT> </ROW> <ROW> <ENT I="01">Organization of Eastern Caribbean States</ENT> <ENT>12669</ENT> <ENT>Feb. 20, 1989.</ENT> </ROW> <ROW> <ENT I="01">Pacific Salmon Commission</ENT> <ENT>12567</ENT> <ENT>Oct. 2, 1986.</ENT> </ROW> <ROW> <ENT I="01">Pan American Health Organization (includes the Pan American Sanitary Bureau)</ENT> <ENT>10864</ENT> <ENT>Feb. 18, 1960.</ENT> </ROW> <ROW> <ENT I="01">Preparatory Commission of the International Atomic Energy Agency</ENT> <ENT>10727</ENT> <ENT>Aug. 31, 1957.</ENT> </ROW> <ROW> <ENT I="01">Provisional Intergovernmental Committee for the Movement of Migrants from Europe (now known as the Intergovernmental Committee for European Migration)</ENT> <ENT>10335</ENT> <ENT>Mar. 28, 1952.</ENT> </ROW> <ROW> <ENT I="01">South Pacific Commission</ENT> <ENT>10086</ENT> <ENT>Nov. 25, 1949.</ENT> </ROW> <ROW> <ENT I="01">United International Bureau for the Protection of Intellectual Property</ENT> <ENT>11484</ENT> <ENT>Sept. 29, 1969.</ENT> </ROW> <ROW> <ENT I="01">United Nations</ENT> <ENT>9698</ENT> <ENT>Feb. 19, 1946.</ENT> </ROW> <ROW> <ENT I="01">United Nations Educational, Scientific, and Cultural Organization</ENT> <ENT>9863</ENT> <ENT>May 31, 1947.</ENT> </ROW> <ROW> <ENT I="01">United Nations Industrial Development Organization</ENT> <ENT>12628</ENT> <ENT>Mar. 8, 1988.</ENT> </ROW> <ROW> <ENT I="01">Universal Postal Union</ENT> <ENT>10727</ENT> <ENT>Aug. 31, 1957.</ENT> </ROW> <ROW> <ENT I="01">World Health Organization</ENT> <ENT>10025</ENT> <ENT>Dec. 30, 1948.</ENT> </ROW> <ROW> <ENT I="01">World Intellectual Property Organization</ENT> <ENT>11866</ENT> <ENT>June 18, 1975.</ENT> </ROW> <ROW> <ENT I="01">World Meteorological Organization</ENT> <ENT>10676</ENT> <ENT>Sept. 1, 1956.</ENT> </ROW> <ROW> <ENT I="01">World Tourism Organization</ENT> <ENT>12508</ENT> <ENT>Mar. 22, 1985.</ENT> </ROW> <ROW> <ENT I="01">World Trade Organization</ENT> <ENT>13042</ENT> <ENT>Apr. 9, 1997.</ENT> </ROW> </GPOTABLE> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> citations affecting § 148.87, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at <E T="03">www.fdsys.gov</E>.</P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 148.88</SECTNO> <SUBJECT>Certain representatives to and officers of the United Nations and the Organization of American States.</SUBJECT> <P>(a) <E T="03">Exemption for baggage and effects and admission without entry.</E> At the request of the Department of State and upon appropriate instructions from the United States Customs Service in each instance, the privilege of admission free of duty without the filing of an entry may be extended to the baggage and effects of the following alien representatives, officers, and members of the staff of the United Nations and the Organization of American States, and their personal baggage is ordinarily exempt from inspection, subject to § 148.82(e)(2):</P> <P>(1) Every person designated by a United Nations member nation as the principal resident representative to the United Nations of such member or as a resident representative with the rank of ambassador or minister plenipotentiary and members of their families;</P> <P>(2) Such resident members of their staffs as may be agreed upon between the Secretary-General of the United Nations, the Government of the United States, and the Government of the United Nations member concerned and members of their families;</P> <P>(3) Every person designated by a United Nations member of a specialized United Nations agency as its principal resident representative, with the rank of ambassador or minister plenipotentiary at the headquarters of such agency in the United States and members of their families;</P> <P>(4) Such other principal resident representatives of United Nations members to a specialized United Nations agency and such resident members of the staffs of representatives to a specialized United Nations agency as may be agreed upon between the principal executive officer of the specialized agency, the Government of the United States, and the Government of the United Nations member concerned and members of their families;</P> <P>(5) The Secretary-General, Under Secretaries-General, and Assistant Secretaries-General to the United Nations and members of their families;</P> <P>(6) Representatives of members to the principal and subsidiary organs of the United Nations and to conferences convened by the United Nations, while exercising their functions and during their journey to and from the place of meeting, with regard to personal baggage only;</P> <P>(7) Experts performing missions for the United Nations, the same facilities <PRTPAGE P="167"/>for personal baggage as are accorded diplomatic envoys;</P> <P>(8) Any person designated by a member of the Organization of American States as its representative or interim representative on the council of the Organization of American States and members of their families; and</P> <P>(9) All other permanent members of the Delegation of a member of the Organization of American States and members of their families regarding whom there is agreement for that purpose between the government of the member state concerned, the Secretary-General of the Organization of American States, and the Government of the United States of America.</P> <P>(b) <E T="03">Absence of special request.</E> In the absence of a special request from the Department of State prior to the arrival of persons of the classes enumerated in paragraph (a) of this section, the privilege of admission free of duty without entry may be extended to their baggage and effects upon presentation of their credentials or other proof of identity.</P> <P>(c) <E T="03">Importations for personal or family use.</E> Upon the request of the Department of State and appropriate instructions from the United States Customs Service, the privilege of importing without entry and free of duty articles for their personal or family use but not as an accommodation for others or for sale or other commercial use may be granted to persons of the classes enumerated in paragraph (a) of this section except those in paragraph (a) (6) and (7) of this section, under subheading 9806.00.55, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202).</P> <P>(d) <E T="03">Personal inviolability.</E> The person of the representatives to and officers of the United Nations and the Organization of American States set forth in paragraph (a) of this section shall be free from arrest, search, and detention except that persons of the rank set forth in paragraph (a) (6) and (7) of this section shall be accorded this privilege only while exercising their function and traveling to and from the place of meeting.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 89-1, 53 FR 51266, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.89</SECTNO> <SUBJECT>Property of public international organizations and foreign governments.</SUBJECT> <P>(a) <E T="03">Exemption from duty.</E> Property of designated international organizations listed in paragraph (b) of § 148.87 or of foreign governments shall be admitted free of duty and internal-revenue taxes imposed upon or by reason of importation under 22 U.S.C. 288a(d), but such exemption shall be granted only upon the receipt in each instance of instruction from the United States Customs Service issued at the request of the Department of State.</P> <P>(b) <E T="03">Bond.</E> Any Customs bond which may be required from a designated international organization (see paragraph (b) of § 148.87) in connection with the importation or entry of merchandise into, or the exportation of merchandise from, the United States may be accepted without surety.</P> <CITA>[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 82-145, 47 FR 35479, Aug. 16, 1982]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.90</SECTNO> <SUBJECT>Foreign military personnel.</SUBJECT> <P>(a) <E T="03">Exemptions allowed.</E> Port directors shall in accordance with the provisions of this section admit the following free of duty and internal revenue tax imposed upon or by reason of importation:</P> <P>(1) The baggage and effects of persons on duty in the United States as members of the armed forces of any foreign country, and of their immediate families under subheading 9806.00.20, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202);</P> <P>(2) Articles entered or withdrawn from warehouse for consumption by a member of the armed forces of any foreign country on duty in the United States, for his personal use or that of any member of his immediate family but not as an accommodation to others or for sale or other commercial use, under subheading 9806.00.45, HTSUS; and</P> <P>(3) Articles entered or withdrawn from warehouse for consumption for the official use of members of the armed forces of any foreign country on duty in the United States, under subheading 9809.00.30, HTSUS.</P> <P>(b) <E T="03">Reciprocity limitation.</E> When port directors have been advised officially <PRTPAGE P="168"/>of a finding by the Secretary of the Treasury that a foreign country does not reciprocate to members of the armed forces of the United States on duty in its country and members of their immediate families the privileges accorded its members and their families in the United States, the port directors shall accord to the personnel of such foreign government privileges under the law only to the extent to which the foreign government accords similar treatment to members of the armed forces of the United States and members of their immediate families.</P> <P>(c) <E T="03">Status of importer questioned.</E> If any question arises as to the status of the importer under subheadings 9806.00.20, 9806.00.45 and 9809.00.30, HTSUS, or whether articles entered thereunder are for official use or for personal or family use, but not as an accommodation to others or for sale or other commercial use, the port director shall report the available facts to the Commissioner of Customs for instructions.</P> <P>(d) <E T="03">Alcoholic beverages for personal or family use</E>—(1) <E T="03">General rule</E>—(i) <E T="03">Limitation stated.</E> Except in the case of exceptional circumstances set forth in paragraph (d)(2) of this section, entry of alcoholic beverages (other than malt beverages) for personal or family use but not as an accommodation to others or for sale or other commercial use under subheading 9806.00.45, HTSUS, is limited to one case each month.</P> <P>(ii) <E T="03">Advance entry or withdrawal.</E> A maximum of three cases (the initial one plus two cases in advance) may be entered or withdrawn at any one time in a given 3-month period if the port director is satisfied they are for personal or family use but not as an accommodation to others or for sale or other commercial use. Such advance entry or withdrawal shall not be deemed to broaden the one case per month limitation.</P> <P>(iii) <E T="03">Certification.</E> At the time of each entry or withdrawal, the member of the Armed Forces must certify that since his last entry or withdrawal there have expired a number of months equal to the numbers of cases last entered or withdrawn.</P> <P>(2) <E T="03">Exceptional circumstances.</E> In exceptional circumstances an additional quantity of alcoholic beverages for personal or family use but not as an accommodation to others or for sale or other commercial use, in excess of the one case per month limitation may be allowed under the following procedure:</P> <P>(i) A statement signed by the member of the Armed Forces and attached to his declaration for free entry will be submitted to the port director, setting forth the reason for requesting the additional quantity;</P> <P>(ii) The statement of request must be approved by the officer or person in charge of the Armed Forces involved, or a person specifically authorized by such officer or person to approve such requests; and</P> <P>(iii) The port director must be satisfied that the need for the additional quantity is justified. Questionable cases shall be referred to the Commissioner of Customs for instructions.</P> <P>(3) <E T="03">Retention and verification of the warehouse proprietors' records.</E> The warehouse proprietor shall retain all records relating to the entry and withdrawal of alcoholic beverages under subheading 9806.00.45, HTSUS, for 3 years from the date of the entry against which the withdrawal of the alcoholic beverages is charged.</P> <P>(e) <E T="03">Entry requirements.</E> The entry requirements prescribed in the Tariff Act of 1930, as amended (Title 19, United States Code), and the regulations thereunder are applicable to articles for which free entry is claimed under subheadings 9806.00.20, 9806.00.45, 9809.00.30, HTSUS. No invoices shall be required.</P> <CITA>[T.D. 73-227, 38 FR 22548, Aug. 22, 1973, as amended by T.D. 79-159, 44 FR 31969, June 4, 1979; T.D. 89-1, 53 FR 51266, Dec. 21, 1988]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart J—Noncommercial Importations of Limited Value</HD> <SECTION> <SECTNO>§ 148.101</SECTNO> <SUBJECT>Applicability.</SUBJECT> <P>Each person, including a crewmember, arriving in the United States who enters articles for his personal or household use, or as bona fide gifts not imported for sale nor for the account of another person, valued in the aggregate at not over $1,000 fair retail value in the country of acquisition, shall be assessed a flat rate of duty on the articles, as provided in § 148.102. The entry shall be made under subheading <PRTPAGE P="169"/>9816.00.20 or 9816.00.40, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), and is subject to the limitations and conditions in this subpart. Except as provided in § 148.105, the flat rate of duty shall be assessed in place of any rates of duty other than free rates of duty. If the dutiable amount of the article(s) is over $1,000 fair retail value, the flat rate of duty provisions shall apply to the amount not over $1,000 fair retail value, and the excess amount shall be valued under section 402, Tariff Act of 1930, as amended (19 U.S.C. 1401a). The article(s) shall be classified under the appropriate subheading number of the tariff schedule. For purposes of this subpart, “fair retail value” in the country of acquisition means the price at which the merchandise is freely offered there for sale at retail and “country of acquisition” includes America Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands of the United States.</P> <P>Two examples of the application of this subpart are set forth below: </P> <EXAMPLE> <HD SOURCE="HED">Example 1:</HD> <P>B returned from Europe where he acquired merchandise having a fair retail value of $1,950. Assume for purposes of this example that (1) in addition to the personal exemption of $400, $100 of the merchandise carries a free rate of duty, (2) allowances and exemptions have not been used within the past 30 days, and (3) all articles in excess of allowances and exemptions and duty-free articles are dutiable at rates other than the flat rate.</P> <P>B presents his baggage to the Customs officer for examination and his declaration for verification. Duty is figured as follows:</P> <GPOTABLE CDEF="s50,7,7" COLS="3" OPTS="L2"> <BOXHD> <CHED H="1"/> <CHED H="1">Fair retail value</CHED> <CHED H="1">Duty</CHED> </BOXHD> <ROW> <ENT I="01">(a) The $400 personal exemption</ENT> <ENT>$400</ENT> <ENT/> </ROW> <ROW> <ENT I="01">(b) Articles which carry a free rate of duty</ENT> <ENT>100</ENT> <ENT/> </ROW> <ROW> <ENT I="01">(c) The $1,000 flat rate of duty allowance calculated at:</ENT> <ENT>1,000</ENT> <ENT/> </ROW> <ROW> <ENT I="03">4 percent (effective 01/01/01 through 12/31/01)</ENT> <ENT/> <ENT>$40</ENT> </ROW> <ROW> <ENT I="03">3 percent (effective from 01/01/02)</ENT> <ENT/> <ENT>30</ENT> </ROW> <ROW RUL="n,s"> <ENT I="01">(d) Balance of articles subject to duty at rates other than flat rate</ENT> <ENT> <SU>1</SU> 450</ENT> <ENT>(<SU>1</SU>)</ENT> </ROW> <ROW> <ENT I="05">Total</ENT> <ENT> <SU>1</SU> 1,950</ENT> <ENT>(<SU>1</SU>)</ENT> </ROW> <TNOTE> <SU>1</SU> The articles not covered by exemptions, allowances, and duty-free rates will be valued under section 402, Tariff Act of 1930, as amended, and duty calculated at rates other than the flat rate.</TNOTE> </GPOTABLE> </EXAMPLE> <EXAMPLE> <HD SOURCE="HED">Example 2:</HD> <P>Mr. and Mrs. B return from the U.S. Virgin Islands. During the trip, they acquired merchandise having a fair retail value of $4,900. Assume for purposes of this example that (1) in addition to the personal exemption of $1,200 for each returning resident, $100 of the merchandise carries a free rate of duty, (2) allowances and exemptions have not been used within the past 30 days, (3) all articles in excess of allowances and exemptions and duty-free articles are dutiable at rates other than the flat rate, and (4) Mrs. B made $400 in purchases on the trip, none of which carries a free rate of duty.</P> <P>Mr. and Mrs. B present their baggage to the Customs officer for examination and their declaration for verification. Duty is figured as follows:</P> <GPOTABLE CDEF="s50,7,7" COLS="3" OPTS="L2"> <BOXHD> <CHED H="1"/> <CHED H="1">Fair retail value</CHED> <CHED H="1">Duty</CHED> </BOXHD> <ROW> <ENT I="01">(a) The $1,200 personal exemptions for residents returning from the U.S. Virgin Islands are grouped for a total of</ENT> <ENT>$2,400</ENT> <ENT/> </ROW> <ROW> <ENT I="01">(b) Articles which carry a free rate of duty</ENT> <ENT>100</ENT> <ENT/> </ROW> <ROW> <ENT I="01">(c) The $1,000 flat rate of duty allowance calculated at:</ENT> <ENT>2,000</ENT> <ENT/> </ROW> <ROW> <ENT I="03">2 percent (effective 01/01/01 through 12/31/01)</ENT> <ENT/> <ENT>$40</ENT> </ROW> <ROW> <ENT I="03">1.5 percent (effective from 01/01/02)</ENT> <ENT/> <ENT>30</ENT> </ROW> <ROW RUL="n,s"> <ENT I="01">(d) Balance of articles subject to duty at rates other than flat rate</ENT> <ENT> <SU>1</SU> 400</ENT> <ENT>(<SU>1</SU>)</ENT> </ROW> <ROW> <ENT I="05">Total</ENT> <ENT> <SU>1</SU> 4,900</ENT> <ENT>(<SU>1</SU>)</ENT> </ROW> <TNOTE> <SU>1</SU> The articles not covered by exemptions, allowances, and duty-free rates will be valued under section 402, Tariff Act of 1930, as amended, and duty calculated at rates other than the flat rate.</TNOTE> </GPOTABLE> </EXAMPLE> <CITA>[T.D. 78-394, 43 FR 49789, Oct. 25, 1978, as amended by T.D. 86-118, 51 FR 22516, June 20, 1986; 52 FR 12149, Apr. 15, 1987; T.D. 87-89, 52 FR 24446, July 1, 1987; T.D. 89-1, 53 FR 51266, Dec. 21, 1988; T.D. 97-75, 62 FR 46442, Sept. 3, 1997; T.D. 01-61, 66 FR 46218, Sept. 4, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.102</SECTNO> <SUBJECT>Flat rate of duty.</SUBJECT> <P>(a) <E T="03">Generally.</E> The rate of duty on articles accompanying any person, including a crewmember, arriving in the United States (exclusive of duty-free articles and articles acquired in American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States) shall be 4 percent, effective January 1, 2001, and 3 percent, effective January 1, 2002, of the fair retail value in the country of acquisition.</P> <P>(b) <E T="03">American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands.</E> The rate of duty on articles accompanying any person, including a <PRTPAGE P="170"/>crewmember, arriving in the United States directly or indirectly from American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States (exclusive of duty-free articles), acquired in these locations as an incident of the person's physical presence there, shall be 2 percent, effective January 1, 2001, and 1.5 percent, effective January 1, 2002, of the fair retail value in the location in which acquired.</P> <CITA>[T.D. 01-61, 66 FR 46218, Sept. 4, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.103</SECTNO> <SUBJECT>Family grouping of allowances.</SUBJECT> <P>(a) <E T="03">Generally.</E> When members of a family residing in one household travel together on their return to the United States, the flat rate of duty allowance will be grouped and allowed without regard to which member of the family is the owner of the articles. A group allowance shall not include an allowance for a family member not entitled to it in his own right, nor shall a group allowance be applied to any property of that member.</P> <P>(b) <E T="03">Members of a family residing in one household.</E> “Members of a family residing in one household” shall include all persons, regardless of age, who:</P> <P>(1) Are related by blood, marriage, or adoption;</P> <P>(2) Lived together in one household at their last permanent residence; and</P> <P>(3) Intend to live in one household after their arrival in the United States.</P> <CITA>[T.D. 78-394, 43 FR 49789, Oct. 25, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.104</SECTNO> <SUBJECT>Frequency of use.</SUBJECT> <P>(a) <E T="03">30-day period.</E> The flat rate of duty shall not apply to a person who has used the provision within the 30-day period immediately prior to his arrival in the United States. The date of the person's last arrival on which he declared articles for which the flat rate of duty was applicable shall be considered the date that rate was last used.</P> <P>(b) <E T="03">Computation of time.</E> The 30-day period immediately prior to the person's arrival in the United States shall be computed by excluding the day of arrival and counting backward 30 days.</P> <P>(c) <E T="03">Remainder not applicable to subsequent journey.</E> A person who has received a flat rate of duty allowance of less than $1,000 in connection with his return from one journey is not entitled to apply the remainder to articles acquired abroad on a subsequent journey.</P> <CITA>[T.D. 78-394, 43 FR 49789, Oct. 25, 1978, as amended by T.D. 86-118, 51 FR 22516, June 20, 1986; T.D. 97-75, 62 FR 46443, Sept. 3, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.105</SECTNO> <SUBJECT>Procedure for excluding articles from flat rate of duty.</SUBJECT> <P>(a) <E T="03">Generally.</E> Any person who has information that merchandise is being imported into the United States under the provisions of subheading 9816.00.20 or 9816.00.40, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), and this subpart which adversely affects the economic interest of the United States may communicate the information in writing to the Commissioner of Customs, Attention: Office of Field Operations, Washington, DC 20229.</P> <P>(b) <E T="03">Content of communication.</E> The communication to the Commissioner need not be in any particular form but shall contain the following:</P> <P>(1) The name of the individual and the person, firm, or association the individual represents, if any;</P> <P>(2) The nature of the individual's interest in the matter, if any;</P> <P>(3) A description of the merchandise, which it is alleged affects the economic interest of the United States adversely, including subheadings of the HTSUS, if known;</P> <P>(4) The country of acquisition and the ports and dates of entry of the merchandise, if known; and</P> <P>(5) A statement and supporting evidence as to the manner in which the individual believes the economic interest of the United States is being adversely affected.</P> <P>(c) <E T="03">Inquiry to be conducted.</E> Upon receipt of a communication containing the information required by paragraph (b) of this section, an inquiry will be conducted.</P> <P>(d) <E T="03">Negative determination.</E> If the inquiry results in a finding that no reasonable cause exists to believe that the application of the flat rate of duty provisions to a particular article of merchandise is adversely affecting the economic interest of the United States, the inquirer shall be advised in writing <PRTPAGE P="171"/>of the finding and the matter shall be closed.</P> <P>(e) <E T="03">Publication of tentative finding.</E> If the inquiry results in a finding by the Secretary of the Treasury that reasonable cause exists to believe that the application of the flat rate of duty provisions to a particular article of merchandise is affecting the economic interest of the United States adversely, a notice of the finding will be published in the <E T="04">Federal Register</E> and Customs Bulletin, along with a statement of intent to exclude the articles from application of the flat rate of duty provisions. Interested persons will be given an opportunity to submit written comments on the notice.</P> <P>(f) <E T="03">Final determination.</E> Based upon the comments received and the results of any additional inquiry as may be necessary, if it is determined by the Secretary of the Treasury that application of the flat rate of duty provisions adversely affects the economic interest of the United States, a Treasury Decision will be published in the <E T="04">Federal Register</E> and Customs Bulletin announcing that the merchandise will be excluded from application of the flat rate of duty provisions. Excluded articles of merchandise shall be listed in § 148.106. If it is determined by the Secretary of the Treasury that a valid basis for excluding the merchandise from the flat rate of duty provisions does not exist, the notice proposing to exclude the article will be withdrawn by publishing a notice in the <E T="04">Federal Register</E> and the Customs Bulletin.</P> <CITA>[T.D. 78-394, 43 FR 49789, Oct. 25, 1978, as amended by T.D. 89-1, 53 FR 51267, Dec. 21, 1988; T.D. 91-77, 56 FR 46115, Sept. 10, 1991; T.D. 93-66, 58 FR 44130, Aug. 19, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.106</SECTNO> <SUBJECT>Excluded articles of merchandise.</SUBJECT> <P>The following articles of merchandise have been found to affect the economic interest of the United States adversely, and they are excluded from the application of the flat rate of duty provisions.</P> <P>[Reserved for listing.]</P> <CITA>[T.D. 78-394, 43 FR 49789, Oct. 25, 1978]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart K—Unaccompanied Shipments From American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States</HD> <SECTION> <SECTNO>§ 148.110</SECTNO> <SUBJECT>Applicability.</SUBJECT> <P>The provisions of this subpart are applicable to articles not accompanying a person, including a crewmember, which are purchased in <E T="03">and</E> shipped from American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States. However, this subpart is not applicable to the importation of unaccompanied articles in a manner prohibited by law or regulation (e.g., mail shipments of alcoholic beverages or alcoholic beverages shipped other than by mail in excess of quantities authorized by State laws or regulations).</P> <P>The following is a summary of the procedure to be followed to obtain the benefits of this subpart: A person purchasing articles in American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States would receive a sales slip, invoice, or other evidence of purchase which he would present to the Customs officer along with his baggage declaration, Customs Form 6059-B, and a Declaration of Unaccompanied Articles, Customs Form 255. The latter form is prepared in triplicate for each shipment to follow. The Customs officer would verify the information, indicate on the form whether the article or articles were free of duty, dutiable at the flat rate, or a combination of the foregoing, and validate the form. Two copies would be returned to the traveler, who would send one form to the vendor. Upon receipt of the form the vendor would place it in an envelope, affix it to the outside of the package, clearly mark the package “Unaccompanied Tourist Shipment,” and send the package to the traveler, generally via mail, although it could be sent by other means. If sent through the mail, the package would be examined by Customs and forwarded to the Postal Service for delivery. Any duties due would be collected by the mailman. If the shipment arrives other than <PRTPAGE P="172"/>through the mail, the traveler would be notified by the carrier when the article arrives. Entry would be made by the carrier or the traveler at the customhouse. Any duties due would be collected at that time.</P> <CITA>[T.D. 78-394, 43 FR 49790, Oct. 25, 1978; 43 FR 55758, Nov. 29, 1978; T.D. 97-75, 62 FR 46443, Sept. 3, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.111</SECTNO> <SUBJECT>Written declaration for unaccompanied articles.</SUBJECT> <P>The baggage declaration, Customs Form 6059-B, of a person (the crewmembers declaration, Customs Form 5129, in the case of a returning crewmember) arriving directly or indirectly from American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States shall be in writing if it covers articles which do not accompany him and:</P> <P>(a) The articles are entitled to free entry under the $1,200 exemption provided by subheading 9804.00.70, Harmonized Tariff Schedule of the United States (HTSUS) (19 U.S.C. 1202), or</P> <P>(b) The articles are noncommerical importations of limited value subject to a flat rate of duty under subheading 9816.00.40, HTSUS.</P> <CITA>[T.D. 78-394, 43 FR 49790, Oct. 25, 1978, as amended by T.D. 86-118, 51 FR 22516, June 20, 1986; T.D. 89-1, 53 FR 51267, Dec. 21, 1988; T.D. 97-75, 62 FR 46443, Sept. 3, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.112</SECTNO> <SUBJECT>Evidence of purchase.</SUBJECT> <P>A sales slip, invoice, or other evidence of purchase, shall be presented with the declaration for all unaccompanied articles.</P> <CITA>[T.D. 78-394, 43 FR 49790, Oct. 25, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.113</SECTNO> <SUBJECT>Declaration, entry, and collection of duty.</SUBJECT> <P>(a) <E T="03">Declaration and entry for unaccompanied articles</E>—(1) <E T="03">Declaration.</E> A baggage declaration covering articles for which a claim of free entry, in whole or in part, is made under the $1,600 exemption provided by subheading 9804.00.70, Harmonized Tariff Schedule of the United States (HTSUS) (19 U.S.C. 1202), or a baggage or crewmembers declaration covering articles for which the flat rate of duty provision of subheading 9816.00.40, HTSUS appears to be applicable, must be accompanied by a Declaration of Unaccompanied Articles, CBP Form 255. CBP Form 255 must be prepared in triplicate by the vendor or declarant for each shipment of declared articles not accompanying the person. A shipment consists of one or more packages or containers sent as a unit.</P> <P>(2) <E T="03">Verification.</E> The CBP officer must verify the information from the declaration, sales slip, invoice, or other evidence of purchase furnished by the person. The completed CBP Form 255 must be validated by the CBP officer and two copies given to the person.</P> <P>(b) <E T="03">Collection of duty.</E> Duties shall be collected before release of the articles, after their arrival in the United States, as provided in § 145.12 or § 148.115.</P> <CITA>[T.D. 78-394, 43 FR 49790, Oct. 25, 1978, as amended by T.D. 86-118, 51 FR 22516, June 20, 1986; T.D. 89-1, 53 FR 51267, Dec. 21, 1988; T.D. 93-66, 58 FR 44131, Aug. 19, 1993; T.D. 97-75, 62 FR 46443, Sept. 3, 1997; CBP Dec. 09-37, 74 FR 48855, Sept. 25, 2009]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.114</SECTNO> <SUBJECT>Shipment of unaccompanied articles.</SUBJECT> <P>One copy of the validated Customs Form 255 shall be returned to the vendor. The vendor shall place the form in an envelope, affix it to the outside of the shipment, and clearly mark the outside of the shipment “Unaccompanied Tourist Shipment.”</P> <CITA>[T.D. 78-394, 43 FR 49790, Oct. 25, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.115</SECTNO> <SUBJECT>Release of shipment.</SUBJECT> <P>(a) <E T="03">Release after examination.</E> Unaccompanied tourist shipments:</P> <P>(1) To which the personal exemption provided in subheading 9804.00.70, Harmonized Tariff Schedule of the United States (HTSUS) (19 U.S.C. 1202), is applicable, or</P> <P>(2) For which entry is made under the flat rate of duty provisions of subheading 9816.00.40, HTSUS, or under those provisions in conjunction with the regular rate of duty provision of another subheading of the tariff schedule, shall be released if:</P> <P>(i) The shipment is properly marked and accompanied by a validated copy of Customs Form 255,</P> <P>(ii) The examining Customs officer is satisfied that the contents of the shipment are as stated on the Customs <PRTPAGE P="173"/>Form 255 and, if applicable, that they are properly classified,</P> <P>(iii) The declared value conforms to the fair retail value in the country of acquisition, and</P> <P>(iv) In respect to shipments for which entry is made under subheading 9816.00.40, HTSUS, any duties found to be due are paid.</P> <P>(b) <E T="03">Removal of Customs Form 255.</E> The copy of Customs Form 255 attached to the shipment shall be removed by the Customs officer and retained for Customs purposes.</P> <P>(c) <E T="03">Missing Customs Form 255.</E> If a validated copy of Customs Form 255 does not accompany the shipment, entry shall be made under the provisions of part 141 or 145 of this chapter.</P> <P>(d) <E T="03">Restricted or prohibited shipments.</E> No shipment containing prohibited or restricted merchandise for which exemption is claimed under subheading 9804.00.70, HTSUS, or for which entry is claimed under subheading 9816.00.40, HTSUS, shall be released except upon compliance with the provisions of part 12 and §§ 145.51 through 145.59 of this chapter, and other applicable laws and regulations.</P> <P>(e) <E T="03">Verification of claim.</E> The port director may withhold release of any shipment for which exemption is claimed under subheading 9804.00.70, HTSUS, or for which entry is claimed under subheading 9816.00.40, HTSUS, to verify the validity of the claim. If he is unable to verify the claim, the merchandise shall be released under the provisions of part 141 or 145 of this chapter.</P> <CITA>[T.D. 78-394, 43 FR 49790, Oct. 25, 1978; 43 FR 55758, Nov. 29, 1978, as amended by T.D. 89-1, 53 FR 51267, Dec. 21, 1988; T.D. 93-66, 58 FR 44131, Aug. 19, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 148.116</SECTNO> <SUBJECT>Claim for refund.</SUBJECT> <P>Any person who has filed a declaration of unaccompanied articles under §§ 148.112 and 148.113 and who is dissatisfied with the amount of duty assessed on the articles upon their arrival in the United States may file a claim for administrative review under subpart C, part 145, of this chapter if the articles arrived by mail, or under parts 173 and 174 if the articles arrived other than by mail. Any supporting documents, including a copy of Customs Form 255, should be submitted with the claim.</P> <CITA>[T.D. 78-394, 43 FR 49790, Oct. 25, 1978; 43 FR 55758, Nov. 29, 1978]</CITA> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 149</EAR> <HD SOURCE="HED">PART 149—IMPORTER SECURITY FILING</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>149.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>149.2</SECTNO> <SUBJECT>Importer security filing—requirement, time of transmission, verification of information, update, withdrawal, compliance date.</SUBJECT> <SECTNO>149.3</SECTNO> <SUBJECT>Data elements.</SUBJECT> <SECTNO>149.4</SECTNO> <SUBJECT>Bulk and break bulk cargo.</SUBJECT> <SECTNO>149.5</SECTNO> <SUBJECT>Eligibility to file an Importer Security Filing, authorized agents.</SUBJECT> <SECTNO>149.6</SECTNO> <SUBJECT>Entry and entry summary documentation and Importer Security Filing submitted via a single electronic transmission.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>5 U.S.C. 301; 6 U.S.C. 943; 19 U.S.C. 66, 1624, 2071 note.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>CBP Dec. 08-46, 73 FR 71782, Nov. 25, 2008, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 149.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>(a) <E T="03">Importer Security Filing Importer</E>. For purposes of this part, “Importer Security Filing (ISF) Importer” means the party causing goods to arrive within the limits of a port in the United States by vessel. For shipments other than foreign cargo remaining on board (FROB), immediate exportation (IE) and transportation and exportation (T&E) in-bond shipments, and goods to be delivered to a foreign trade zone (FTZ), the ISF Importer will be the goods' owner, purchaser, consignee, or agent such as a licensed customs broker. For FROB cargo, the ISF Importer will be the carrier. For IE and T&E in-bond shipments, and goods to be delivered to an FTZ, the ISF Importer will be the party filing the IE, T&E, or FTZ documentation.</P> <P>(b) <E T="03">Importation</E>. For purposes of this part, “importation” means the point at which cargo arrives within the limits of a port in the United States.</P> <P>(c) <E T="03">Bulk cargo</E>. For purposes of this part, “bulk cargo” is defined as homogeneous cargo that is stowed loose in the hold and is not enclosed in any container such as a box, bale, bag, cask, or the like. Such cargo is also described as bulk freight. Specifically, bulk cargo is composed of either:<PRTPAGE P="174"/> </P> <P>(1) Free flowing articles such as oil, grain, coal, ore, and the like, which can be pumped or run through a chute or handled by dumping; or</P> <P>(2) Articles that require mechanical handling such as bricks, pig iron, lumber, steel beams, and the like.</P> <P>(d) <E T="03">Break bulk cargo</E>. For purposes of this part, “break bulk cargo” is defined as cargo that is not containerized, but which is otherwise packaged or bundled.</P> </SECTION> <SECTION> <SECTNO>§ 149.2</SECTNO> <SUBJECT>Importer security filing—requirement, time of transmission, verification of information, update, withdrawal, compliance date.</SUBJECT> <P>(a) <E T="03">Importer security filing required</E>. For cargo arriving by vessel, with the exception of any bulk cargo pursuant to § 149.4(a) of this part, the ISF Importer, as defined in § 149.1 of this part, or authorized agent (<E T="03">see</E> § 149.5 of this part) must submit in English the Importer Security Filing elements prescribed in § 149.3 of this part within the time specified in paragraph (b) of this section via a CBP-approved electronic interchange system.</P> <P>(b) <E T="03">Time of transmission</E>. With the exception of any break bulk cargo pursuant to § 149.4(b) of this part, ISF Importers must submit:</P> <P>(1) Seller, buyer, importer of record number / foreign trade zone applicant identification number, and consignee number(s) (as defined in § 149.3(a)(1) through (4) of this part) no later than 24 hours before the cargo is laden aboard the vessel at the foreign port.</P> <P>(2) Manufacturer (or supplier), ship to party, country of origin, and commodity HTSUS number (as defined in § 149.3(a)(5) through (8) of this part) no later than 24 hours before the cargo is laden aboard the vessel at the foreign port.</P> <P>(3) Container stuffing location and consolidator (stuffer) (as defined in § 149.3(a)(9) and (10) of this part) as early as possible, in no event later than 24 hours prior to arrival in a United States port (or upon lading at a foreign port that is less than a 24 hour voyage to the closest United States port).</P> <P>(4) The data elements required under § 149.3(b) of this part for FROB, prior to lading aboard the vessel at the foreign port.</P> <P>(5) The data elements required under § 149.3(b) of this part for shipments intended to be transported in-bond as an immediate exportation (IE) or transportation and exportation (T&E), no later than 24 hours before cargo is laden aboard the vessel at the foreign port.</P> <P>(c) <E T="03">Verification of information</E>. Where the party electronically presenting to CBP the Importer Security Filing required in paragraph (a) of this section receives any of this information from another party, CBP will take into consideration how, in accordance with ordinary commercial practices, the presenting party acquired such information, and whether and how the presenting party is able to verify this information. Where the presenting party is not reasonably able to verify such information, CBP will permit the party to electronically present the information on the basis of what the party reasonably believes to be true.</P> <P>(d) <E T="03">Update of Importer Security Filing</E>. The party who submitted the Importer Security Filing pursuant to paragraph (a) of this section must update the filing if, after the filing is submitted and before the goods enter the limits of a port in the United States, any of the information submitted changes or more accurate information becomes available.</P> <P>(e) <E T="03">Withdrawal of Importer Security Filing</E>. If, after an Importer Security Filing is submitted pursuant to paragraph (a) of this section, the goods associated with the Importer Security Filing are no longer intended to be imported to the United States, the party who submitted the Importer Security Filing must withdraw the Importer Security Filing and transmit to CBP the reason for such withdrawal.</P> <P>(f) <E T="03">Flexible requirements</E>. For each of the four data elements required under paragraph (b)(2) of this section ISF Importers will be permitted to submit an initial response or responses based on the best available data available at the time that, in accordance with paragraph (d) of this section, ISF Importers will be required to update as soon as more precise or more accurate information is available, in no event less than 24 hours prior to arrival at a U.S. port (or upon lading at a foreign port <PRTPAGE P="175"/>that is less than a 24 hour voyage to the closest U.S. port).</P> <P>(g) <E T="03">Compliance date of this section</E>. (1) <E T="03">General</E>. Subject to paragraph (g)(2) of this section, ISF Importers must comply with the requirements of this section on and after January 26, 2010.</P> <P>(2) <E T="03">Delay in compliance date of section</E>. CBP may, at its sole discretion, delay the general compliance date set forth in paragraph (g)(1) of this section in the event that any necessary modifications to the approved electronic data interchange system are not yet in place or for any other reason. Notice of any such delay will be provided in the <E T="04">Federal Register</E>.</P> <CITA>[CBP Dec. 08-46, 73 FR 71782, Nov. 25, 2008, as amended by USCBP-2007-0077, 74 FR 33922, July 14, 2009]</CITA> </SECTION> <SECTION> <SECTNO>§ 149.3</SECTNO> <SUBJECT>Data elements.</SUBJECT> <P>(a) <E T="03">Shipments intended to be entered into the United States and shipments intended to be delivered to a foreign trade zone</E>. Except as otherwise provided for in paragraph (b) of this section, the following elements must be provided for each good listed at the six-digit HTSUS number at the lowest bill of lading level (<E T="03">i.e.</E>, at the house bill of lading level, if applicable). The manufacturer (or supplier), country of origin, and commodity HTSUS number must be linked to one another at the line item level.</P> <P>(1) <E T="03">Seller</E>. Name and address of the last known entity <E T="03">by whom</E> the goods are sold or agreed to be sold. If the goods are to be imported otherwise than in pursuance of a purchase, the name and address of the owner of the goods must be provided. A widely recognized commercially accepted identification number for this party may be provided in lieu of the name and address.</P> <P>(2) <E T="03">Buyer</E>. Name and address of the last known entity <E T="03">to whom</E> the goods are sold or agreed to be sold. If the goods are to be imported otherwise than in pursuance of a purchase, the name and address of the owner of the goods must be provided. A widely recognized commercially accepted identification number for this party may be provided in lieu of the name and address.</P> <P>(3) <E T="03">Importer of record number/Foreign trade zone applicant identification number</E>. Internal Revenue Service (IRS) number, Employer Identification Number (EIN), Social Security Number (SSN), or CBP assigned number of the entity liable for payment of all duties and responsible for meeting all statutory and regulatory requirements incurred as a result of importation. For goods intended to be delivered to a foreign trade zone (FTZ), the IRS number, EIN, SSN, or CBP assigned number of the party filing the FTZ documentation with CBP must be provided.</P> <P>(4) <E T="03">Consignee number(s)</E>. Internal Revenue Service (IRS) number, Employer Identification Number (EIN), Social Security Number (SSN), or CBP assigned number of the individual(s) or firm(s) in the United States on whose account the merchandise is shipped.</P> <P>(5) <E T="03">Manufacturer (or supplier)</E>. Name and address of the entity that last manufactures, assembles, produces, or grows the commodity or name and address of the party supplying the finished goods in the country from which the goods are leaving. In the alternative the name and address of the manufacturer (or supplier) that is currently required by the import laws, rules and regulations of the United States (<E T="03">i.e.</E>, entry procedures) may be provided (this is the information that is used to create the existing manufacturer identification (MID) number for entry purposes). A widely recognized commercially accepted identification number for this party may be provided in lieu of the name and address.</P> <P>(6) <E T="03">Ship to party</E>. Name and address of the first deliver-to party scheduled to physically receive the goods after the goods have been released from customs custody. A widely recognized commercially accepted identification number for this party may be provided in lieu of the name and address.</P> <P>(7) <E T="03">Country of origin</E>. Country of manufacture, production, or growth of the article, based upon the import laws, rules and regulations of the United States.</P> <P>(8) <E T="03">Commodity HTSUS number</E>. Duty/statistical reporting number under which the article is classified in the Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS <PRTPAGE P="176"/>number must be provided to the six-digit level. The HTSUS number may be provided up to the 10-digit level. This element can only be used for entry purposes if it is provided at the 10-digit level or greater by the importer of record or its licensed customs broker.</P> <P>(9) <E T="03">Container stuffing location</E>. Name and address(es) of the physical location(s) where the goods were stuffed into the container. For break bulk shipments, as defined in § 149.1 of this part, the name and address(es) of the physical location(s) where the goods were made “ship ready” must be provided. A widely recognized commercially accepted identification number for this element may be provided in lieu of the name and address.</P> <P>(10) <E T="03">Consolidator (stuffer)</E>. Name and address of the party who stuffed the container or arranged for the stuffing of the container. For break bulk shipments, as defined in § 149.1 of this part, the name and address of the party who made the goods “ship ready” or the party who arranged for the goods to be made “ship ready” must be provided. A widely recognized commercially accepted identification number for this party may be provided in lieu of the name and address.</P> <P>(b) <E T="03">FROB, IE shipments, and T&E shipments</E>. For shipments consisting entirely of foreign cargo remaining on board (FROB) and shipments intended to be transported in-bond as an immediate exportation (IE) or transportation and exportation (T&E), the following elements must be provided for each good listed at the six-digit HTSUS number at the lowest bill of lading level (<E T="03">i.e.</E>, at the house bill of lading level, if applicable).</P> <P>(1) <E T="03">Booking party</E>. Name and address of the party who initiates the reservation of the cargo space for the shipment. A widely recognized commercially accepted identification number for this party may be provided in lieu of the name and address.</P> <P>(2) <E T="03">Foreign port of unlading</E>. Port code for the foreign port of unlading at the intended final destination.</P> <P>(3) <E T="03">Place of delivery</E>. City code for the place of delivery.</P> <P>(4) <E T="03">Ship to party</E>. Name and address of the first deliver-to party scheduled to physically receive the goods after the goods have been released from customs custody. A widely recognized commercially accepted identification number for this party may be provided in lieu of the name and address.</P> <P>(5) <E T="03">Commodity HTSUS number</E>. Duty/statistical reporting number under which the article is classified in the Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS number must be provided to the six-digit level. The HTSUS number may be provided to the 10-digit level.</P> </SECTION> <SECTION> <SECTNO>§ 149.4</SECTNO> <SUBJECT>Bulk and break bulk cargo.</SUBJECT> <P>(a) <E T="03">Bulk cargo exempted from filing requirement</E>. For bulk cargo that is exempt from the requirement set forth in § 4.7(b)(2) of this chapter that a cargo declaration be filed with Customs and Border Protection (CBP) 24 hours before such cargo is laden aboard the vessel at the foreign port, ISF Importers, as defined in § 149.1 of this part, of bulk cargo are also exempt from filing an Importer Security Filing with respect to that cargo.</P> <P>(b) <E T="03">Break bulk cargo exempted from time requirement</E>. For break bulk cargo that is exempt from the requirement set forth in § 4.7(b)(2) of this chapter for carriers to file a cargo declaration with Customs and Border Protection (CBP) 24 hours before such cargo is laden aboard the vessel at the foreign port, ISF Importers, as defined in § 149.1 of this part, of break bulk cargo are also exempt with respect to that cargo from the requirement set forth in § 149.2 of this part to file an Importer Security Filing with CBP 24 hours before such cargo is laden aboard the vessel at the foreign port. Any importers of break bulk cargo that are exempted from the filing requirement of § 149.2 of this part must present the Importer Security Filing to CBP 24 hours prior to the cargo's arrival in the United States. These ISF Importers must still report 24 hours in advance of loading any containerized or non-qualifying break bulk cargo they will be importing.</P> </SECTION> <SECTION> <SECTNO>§ 149.5</SECTNO> <SUBJECT>Eligibility to file an Importer Security Filing, authorized agents.</SUBJECT> <P>(a) <E T="03">Eligibility</E>. To be qualified to file Importer Security Filing information electronically, a party must establish the communication protocol required <PRTPAGE P="177"/>by Customs and Border Protection for properly presenting the Importer Security Filing through the approved data interchange system. If the Importer Security Filing and entry or entry summary are provided via a single electronic transmission to CBP pursuant to § 149.6(b) of this part, the party making the transmission must be an importer acting on its own behalf or a licensed customs broker.</P> <P>(b) <E T="03">Bond required</E>. The ISF Importer must possess a basic importation and entry bond containing all the necessary provisions of § 113.62 of this chapter, a basic custodial bond containing all the necessary provisions of § 113.63 of this chapter, an international carrier bond containing all the necessary provisions of § 113.64 of this chapter, a foreign trade zone operator bond containing all the necessary provisions of § 113.73 of this chapter, or an importer security filing bond as provided in Appendix D to part 113 of this chapter. If an ISF Importer does not have a required bond, the agent submitting the Importer Security Filing on behalf of the ISF Importer may post the agent's bond.</P> <P>(c) <E T="03">Powers of attorney</E>. Authorized agents must retain powers of attorney in English until revoked. Revoked powers of attorney and letters of revocation must be retained for five years after the date of revocation. Authorized agents must make powers of attorney and letters of revocation available to representatives of Customs and Border Protection upon request.</P> </SECTION> <SECTION> <SECTNO>§ 149.6</SECTNO> <SUBJECT>Entry and entry summary documentation and Importer Security Filing submitted via a single electronic transmission.</SUBJECT> <P>If the Importer Security Filing is filed pursuant to § 149.2 of this part via the same electronic transmission as entry or entry/entry summary documentation pursuant to § 142.3 of this chapter, the importer is only required to provide the following fields once to be used for Importer Security Filing, entry, or entry/entry summary purposes, as applicable:</P> <P>(a) Importer of record number;</P> <P>(b) Consignee number;</P> <P>(c) Country of origin; and</P> <P>(d) Commodity HTSUS number if this number is provided at the 10-digit level.</P> </SECTION> </PART> <PART> <EAR>Pt. 151</EAR> <HD SOURCE="HED">PART 151—EXAMINATION, SAMPLING, AND TESTING OF MERCHANDISE</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>151.0</SECTNO> <SUBJECT>Scope.</SUBJECT> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECTNO>151.1</SECTNO> <SUBJECT>Merchandise to be examined.</SUBJECT> <SECTNO>151.2</SECTNO> <SUBJECT>Quantities to be examined.</SUBJECT> <SECTNO>151.3</SECTNO> <SUBJECT>Disclosure of examination packages.</SUBJECT> <SECTNO>151.4</SECTNO> <SUBJECT>Time of examination.</SUBJECT> <SECTNO>151.5</SECTNO> <SUBJECT>Conditions for examination prior to entry.</SUBJECT> <SECTNO>151.6</SECTNO> <SUBJECT>Place of examination.</SUBJECT> <SECTNO>151.7</SECTNO> <SUBJECT>Examination elsewhere than at place of arrival or public stores.</SUBJECT> <SECTNO>151.8</SECTNO> <SUBJECT>Examination after assembly.</SUBJECT> <SECTNO>151.9</SECTNO> <SUBJECT>Immediate transportation entry delivered outside port limits.</SUBJECT> <SECTNO>151.10</SECTNO> <SUBJECT>Sampling.</SUBJECT> <SECTNO>151.11</SECTNO> <SUBJECT>Request for samples or additional examination packages after release of merchandise.</SUBJECT> <SECTNO>151.12</SECTNO> <SUBJECT>Accreditation of commercial laboratories.</SUBJECT> <SECTNO>151.13</SECTNO> <SUBJECT>Approval of commercial gaugers.</SUBJECT> <SECTNO>151.14</SECTNO> <SUBJECT>Use of commercial laboratory tests in liquidation.</SUBJECT> <SECTNO>151.15</SECTNO> <SUBJECT>Movement of merchandise to a centralized examination station.</SUBJECT> <SECTNO>151.16</SECTNO> <SUBJECT>Detention of merchandise.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Sugars, Sirups, and Molasses</HD> <SECTNO>151.21</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>151.22</SECTNO> <SUBJECT>Estimated duties on raw sugar.</SUBJECT> <SECTNO>151.23</SECTNO> <SUBJECT>Allowance for moisture in raw sugar.</SUBJECT> <SECTNO>151.24</SECTNO> <SUBJECT>Unlading facilities for bulk sugar.</SUBJECT> <SECTNO>151.25</SECTNO> <SUBJECT>Mixing classes of sugar.</SUBJECT> <SECTNO>151.26</SECTNO> <SUBJECT>Molasses in tank cars.</SUBJECT> <SECTNO>151.27</SECTNO> <SUBJECT>Weighing and sampling done at time of unlading.</SUBJECT> <SECTNO>151.28</SECTNO> <SUBJECT>Gauging of sirup or molasses discharged into storage tanks.</SUBJECT> <SECTNO>151.29</SECTNO> <SUBJECT>Expense of unlading and handling.</SUBJECT> <SECTNO>151.30</SECTNO> <SUBJECT>Sugar closets.</SUBJECT> <SECTNO>151.31</SECTNO> <SUBJECT>[Reserved]</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Petroleum and Petroleum Products</HD> <SECTNO>151.41</SECTNO> <SUBJECT>Information on entry summary.</SUBJECT> <SECTNO>151.42</SECTNO> <SUBJECT>Controls on unlading and gauging.</SUBJECT> <SECTNO>151.43</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>151.44</SECTNO> <SUBJECT>Storage tanks.</SUBJECT> <SECTNO>151.45</SECTNO> <SUBJECT>Storage tanks bonded as warehouses.</SUBJECT> <SECTNO>151.46</SECTNO> <SUBJECT>Allowance for detectable moisture and impurities.</SUBJECT> <SECTNO>151.47</SECTNO> <SUBJECT>Optional entry of net quantity of petroleum or petroleum products.</SUBJECT> </SUBPART> <SUBPART> <PRTPAGE P="178"/> <HD SOURCE="HED">Subpart D—Metal-Bearing Ores and Other Metal-Bearing Materials</HD> <SECTNO>151.51</SECTNO> <SUBJECT>Sampling requirements.</SUBJECT> <SECTNO>151.52</SECTNO> <SUBJECT>Sampling procedures.</SUBJECT> <SECTNO>151.53</SECTNO> <SUBJECT>Sample lockers.</SUBJECT> <SECTNO>151.54</SECTNO> <SUBJECT>Testing by Customs laboratory.</SUBJECT> <SECTNO>151.55</SECTNO> <SUBJECT>Deductions for loss during processing.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Wool and Hair</HD> <SECTNO>151.61</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>151.62</SECTNO> <SUBJECT>Information on invoices.</SUBJECT> <SECTNO>151.63</SECTNO> <SUBJECT>Information on entry summary.</SUBJECT> <SECTNO>151.64</SECTNO> <SUBJECT>Extra copy of entry summary.</SUBJECT> <SECTNO>151.65</SECTNO> <SUBJECT>Duties.</SUBJECT> <SECTNO>151.66</SECTNO> <SUBJECT>Duty on samples.</SUBJECT> <SECTNO>151.67</SECTNO> <SUBJECT>Sampling by importer.</SUBJECT> <SECTNO>151.68</SECTNO> <SUBJECT>Merchandise to be sampled and tested by Customs.</SUBJECT> <SECTNO>151.69</SECTNO> <SUBJECT>Transfer or exportation of part of sampling unit.</SUBJECT> <SECTNO>151.70</SECTNO> <SUBJECT>Method of sampling by Customs.</SUBJECT> <SECTNO>151.71</SECTNO> <SUBJECT>Laboratory testing for clean yield.</SUBJECT> <SECTNO>151.73</SECTNO> <SUBJECT>Importer's request for commercial laboratory test.</SUBJECT> <SECTNO>151.74</SECTNO> <SUBJECT>Retest at port director's request.</SUBJECT> <SECTNO>151.75</SECTNO> <SUBJECT>Final determination of clean yield.</SUBJECT> <SECTNO>151.76</SECTNO> <SUBJECT>Grading of wool.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Cotton</HD> <SECTNO>151.81</SECTNO> <SUBJECT>Definition of staple length.</SUBJECT> <SECTNO>151.82</SECTNO> <SUBJECT>Information on invoices.</SUBJECT> <SECTNO>151.83</SECTNO> <SUBJECT>Method of sampling.</SUBJECT> <SECTNO>151.84</SECTNO> <SUBJECT>Determination of staple length.</SUBJECT> <SECTNO>151.85</SECTNO> <SUBJECT>Importer's request for redetermination.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart G—Fruit Juices</HD> <SECTNO>151.91</SECTNO> <SUBJECT>Brix values of unconcentrated natural fruit juices.</SUBJECT> </SUBPART> <SUBPART> <RESERVED>Subpart H [Reserved]</RESERVED> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart I—Cigars, Cigarillos, and Tobacco</HD> <SECTNO>151.111</SECTNO> <SUBJECT>Cigars, cigarillos, and tobacco of Cuban origin.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>19 U.S.C. 66, 1202 (General Note 3(i) and (j), Harmonized Tariff Schedule of the United States (HTSUS)), 1624;</P> <P>Section 151.11 also issued under 21 U.S.C. 381;</P> <P>Section 151.21 also issued under the provisions of Chapters 17 and 18, HTSUS;</P> <P>Section 151.42 also issued under 19 U.S.C. 1460, 1584, 1592;</P> <P>Section 151.43 also issued under 19 U.S.C. 1592;</P> <P>Section 151.46 also issued under 19 U.S.C. 1507;</P> <P>Section 151.62 also issued under 19 U.S.C. 1481;</P> <P>Section 151.63 also issued under 19 U.S.C. 1484;</P> <P>Section 151.66 also issued under 19 U.S.C. 1562;</P> <P>Section 151.68 also issued under 19 U.S.C. 1311, 1562;</P> <P>Section 151.69 also issued under 19 U.S.C. 1557, 1562;</P> <P>Section 151.82 also issued under 19 U.S.C. 1481;</P> <P>Section 151.91 also issued under the Additional U.S. Notes to Chapter 20, HTSUS.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>T.D. 73-175, 38 FR 17470, July 2, 1973, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 151.0</SECTNO> <SUBJECT>Scope.</SUBJECT> <P>This part sets forth general provisions governing the examination and sampling of imported merchandise, as well as specific provisions governing the examination, sampling, and testing of certain particular types of merchandise.</P> </SECTION> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECTION> <SECTNO>§ 151.1</SECTNO> <SUBJECT>Merchandise to be examined.</SUBJECT> <P>The port director shall examine such packages or quantities of merchandise as he deems necessary for the determination of duties and for compliance with the Customs laws and any other laws enforced by the Customs Service.</P> <CITA>[T.D. 81-240, 46 FR 45130, Sept. 10, 1981]</CITA> </SECTION> <SECTION> <SECTNO>§ 151.2</SECTNO> <SUBJECT>Quantities to be examined.</SUBJECT> <P>(a)(1) <E T="03">Minimum quantities.</E> Not less than one package of every 10 packages of merchandise shall be examined, unless a special regulation permits a lesser number of packages to be examined. Port directors are specially authorized to examine less than one package of every 10 packages, but not less than one package of every invoice, in the case of any merchandise which is:</P> <P>(i) Imported in packages the contents and values of which are uniform, or</P> <P>(ii) Imported in packages the contents of which are identical as to character although differing as to quantity and value per package.</P> <P>(2) <E T="03">Exceptions to minimum quantities.</E> At ports of entry specifically designated by the Commissioner of Customs, the port director is authorized to release, without examination, merchandise of a character which the port director has determined need not be examined in every instance to ensure the <PRTPAGE P="179"/>protection of the revenue and compliance with the Customs laws and any other laws enforced by the Customs Service.</P> <CITA>[T.D. 81-240, 46 FR 45130, Sept. 10, 1981]</CITA> </SECTION> <SECTION> <SECTNO>§ 151.3</SECTNO> <SUBJECT>Disclosure of examination packages.</SUBJECT> <P>Information as to the particular packages which will be examined shall not be made available to the importer, his agent, or any person other than Customs officers necessarily concerned, until the merchandise has arrived within the limits of the port of entry.</P> </SECTION> <SECTION> <SECTNO>§ 151.4</SECTNO> <SUBJECT>Time of examination.</SUBJECT> <P>Imported merchandise shall not be opened, examined, or inspected until it has been entered under some form of entry for consumption or warehouse, except in the following cases:</P> <P>(a) <E T="03">Official Government examination and sampling.</E> Authorized employees of the Customs Service, Food and Drug Administration, Animal and Plant Health Inspection Service, Public Health Service, or other Government agency may for official purposes examine or take samples of merchandise for which entry has not been filed, including merchandise being released under a special permit for immediate delivery.</P> <P>(b) <E T="03">Perishable merchandise, benzenoid chemicals, and merchandise received without an invoice.</E> An application by the importer to examine merchandise, whether or not covered by an entry for transportation in bond or for exportation, may be granted by the port director, under the conditions listed in § 151.5, in the following cases:</P> <P>(1) Examination of perishable merchandise is desired solely to determine its condition. This is not limited to a single examination, and there is no objection to incidental display to prospective buyers during the examination.</P> <P>(2) [Reserved]</P> <P>(3) The importer has been unable to obtain the required documents or information to make the necessary entry, and examination of the merchandise is required to obtain information for the preparation of a pro forma invoice to be used in making entry.</P> <P>(c) <E T="03">Examination of merchandise entered for transportation under bond or for exportation</E>—(1) <E T="03">Examination, sampling, weighing or emergency operation.</E> As a bona fide incident to exportation or further transportation, the importer of merchandise entered or withdrawn for transportation under bond or for exportation may, upon written application to the port director supported by a valid business reason for the request, be permitted to examine, sample, weigh, or subject his merchandise to an operation required by reason of an emergency, provided that any operation performed on the merchandise does not constitute a manufacture, and that § 151.5 is complied with. For conditions governing transshipment and emergency access to the shipment by the carrier, see § 18.3 of this chapter.</P> <P>(2) <E T="03">Nonemergency operation.</E> In cases not involving an emergency, an operation not constituting a manufacture may be permitted under the conditions listed in paragraph (c)(1) of this section if neither the protection of the revenue nor the proper conduct of Customs business requires that the operation be done in a Customs bonded warehouse, provided that the importer's written application for such operation is approved by the port director.</P> <CITA>[T.D. 73-175, 38 FR 17470, July 2, 1973, as amended by T.D. 95-99, 60 FR 62733, Dec. 7, 1995; T.D. 97-82, 62 FR 51771, Oct. 3, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 151.5</SECTNO> <SUBJECT>Conditions for examination prior to entry.</SUBJECT> <P>Examination, sampling, weighing, or operation upon merchandise at the importer's request prior to entry for consumption or warehouse, as provided for in § 151.4 (b) and (c), shall be subject to the following conditions:</P> <P>(a) The operation permitted shall be executed under Customs supervision;</P> <P>(b) If the merchandise is in possession or joint possession of a carrier or container station operator, the concurrence of such carrier or operator shall be obtained; and</P> <P>(c) The Government shall be reimbursed for the compensation, computed in accordance with § 24.17(d) of this <PRTPAGE P="180"/>chapter, and other expenses of the Customs officer or employee supervising the action permitted.</P> <CITA>[T.D. 73-175, 38 FR 17470, July 2, 1973, as amended by T.D. 95-99, 60 FR 62733, Dec. 7, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 151.6</SECTNO> <SUBJECT>Place of examination.</SUBJECT> <P>All merchandise will be examined at the place of arrival, unless examination at another place is required or authorized by the port director in accordance with § 151.7 or § 151.15 of this part. Except where the merchandise is required by the port director to be examined at the public stores, the importer shall bear any expense involved in preparing the merchandise for Customs examination and in the closing of packages.</P> <CITA>[T.D. 84-152, 49 FR 29374, July 20, 1984, as amended by T.D. 93-6, 58 FR 5606, Jan. 22, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 151.7</SECTNO> <SUBJECT>Examination elsewhere than at place of arrival or public stores.</SUBJECT> <P>The port director may require or authorize examination at a place other than the place of arrival or the public stores, such as at the importer's premises or at a centralized examination station under § 151.15 of this part. If examination at a place other than at the place of arrival or the public stores is authorized it will be subject to the following conditions:</P> <P>(a) <E T="03">Sealing of packages.</E> If examination is to be made at the importer's premises or other place not under the control of Customs, the port director may require the packages to be corded and sealed by a Customs officer before the packages are removed from the place of arrival. The packages shall be opened only in the presence of the Customs officer authorized to examine their contents.</P> <P>(b) <E T="03">Preparation for Customs examination and closing of packages.</E> Except when merchandise is required by the port director to be examined at the public stores, the importer shall arrange and bear any expense for preparation of the merchandise for Customs examination and closing of packages.</P> <P>(c) <E T="03">Reimbursement of expenses outside port limits.</E> If the place of examination is not located within the limits of a port of entry or at a Customs station at which Customs is permanently located, whether or not that location is the place of arrival, the importer shall pay any additional expenses, including actual expenses of travel and subsistence but not the salary during regular hours of duty of the examining officer. However, no collection will be made if the total amount chargeable against one importer for one day amounts to less than 50 cents. If the total amount chargeable amounts to 50 cents or more but less than $1, a minimum charge of $1 will be made.</P> <P>(d) <E T="03">Bond for removal from Customs custody.</E> Before permitting the removal of merchandise for examination elsewhere than at the public stores, wharf, or other place under the control of Customs, the port director shall require the importer to execute a bond on Customs Form 301, containing the bond conditions set forth in § 113.62 of this chapter.</P> <CITA>[T.D. 73-175, 38 FR 17470, July 2, 1973, as amended by T.D. 84-152, 49 FR 29374, July 20, 1984; T.D. 84-213, 49 FR 41186, Oct. 19, 1984; T.D. 93-6, 58 FR 5606, Jan. 22, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 151.8</SECTNO> <SUBJECT>Examination after assembly.</SUBJECT> <P>(a) <E T="03">Application by importer.</E> Upon application by the importer, machinery, altars, shrines, and other articles which must be set up or assembled prior to examination may be examined at the mill, factory, or other suitable place after being assembled.</P> <P>(b) <E T="03">Conditions applicable.</E> The importer shall comply with the conditions set forth in § 151.7 (b) through (d). The port director may also require that a deposit be made of the estimated additional expense. The packages need not be corded and sealed in accordance with § 151.7(a), but the port director may make such preliminary examination as he deems necessary to identify the merchandise with the invoice.</P> <P>(c) <E T="03">Removal of merchandise and notification of assembly.</E> After the bond required by § 151.7(d) has been filed and any necessary preliminary examination has been made, the port director may permit the merchandise to be removed to the place at which it is to be assembled for examination. Within 90 days after such removal, unless an extension has been applied for and granted by the port director, the importer <PRTPAGE P="181"/>shall notify the port director that the merchandise has been assembled and is ready for examination, whereupon final examination shall be made.</P> </SECTION> <SECTION> <SECTNO>§ 151.9</SECTNO> <SUBJECT>Immediate transportation entry delivered outside port limits.</SUBJECT> <P>When merchandise covered by an immediate transportation entry has been authorized by the port director to be delivered to a place outside a port of entry as provided for in § 18.11(c) of this chapter, the provisions of § 151.7 shall be complied with to the same extent as if the merchandise had been delivered to the port of entry, and then authorized to be examined elsewhere than at the public stores, wharf, or other place under the control of Customs.</P> </SECTION> <SECTION> <SECTNO>§ 151.10</SECTNO> <SUBJECT>Sampling.</SUBJECT> <P>When necessary, the port director may obtain samples of merchandise for appraisement, classification, or other official purposes. Samples shall be taken by Customs or a commercial gauger approved in accordance with § 151.13. Samples shall be marked to ensure identification and retained according to established policies.</P> <CITA>[T.D. 87-39, 52 FR 9787, Mar. 26, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 151.11</SECTNO> <SUBJECT>Request for samples or additional examination packages after release of merchandise.</SUBJECT> <P>If the port director requires samples or additional examination packages of merchandise which has been released from CBP custody, he shall send the importer a written request, on Customs Form 28, Request for Information, or other appropriate form, to submit the necessary samples or packages. If the request is not promptly complied with, the port director may make a demand under the bond for the return of the necessary merchandise to CBP custody in accordance with § 141.113 of this chapter. For purposes of determining admissibility, representatives of the Food and Drug Administration may obtain samples of any food, drug, device, or cosmetic, the importation of which is governed by section 801 of the Federal Food, Drug, and Cosmetic Act, as amended (21 U.S.C. 381).</P> <CITA>[T.D. 73-175, 38 FR 17470, July 2, 1973, as amended by T.D. 75-152, 40 FR 27444, June 30, 1975; T.D. 84-213, 49 FR 41186, Oct. 19, 1984; CBP Dec. 07-02, 72 FR 4430, Jan. 31, 2007]</CITA> </SECTION> <SECTION> <SECTNO>§ 151.12</SECTNO> <SUBJECT>Accreditation of commercial laboratories.</SUBJECT> <P>This section sets forth the requirements for commercial laboratories to obtain accreditation by CBP for the testing of certain commodities, and explains the operation of such accredited laboratories. This section also provides for the imposition of accreditation and reaccreditation fees, sets forth grounds for the suspension and revocation of accreditation, and provides for the imposition of a monetary penalty for an accredited commercial laboratory that fails to adhere to the provisions of this section.</P> <P>(a) <E T="03">Definitions.</E> For purposes of this section, the following words and phrases have the meanings indicated:</P> <P> <E T="03">Analysis record.</E> An “analysis record” is a compilation of all documents which have been generated during the course of analysis of a particular sample which, under normal circumstances, may include, both in paper and electronic-form, such documents as work sheets, notes, associated spectra (both spectra of the actual product and any standard spectra used for comparison), photographs and microphotographs, and the laboratory report.</P> <P> <E T="03">Assistant Commissioner.</E> In §§ 151.12 and 151.13, references to the “Assistant Commissioner” mean the Assistant Commissioner, Office of Information and Technology, or his designee, located in Washington, D.C.</P> <P> <E T="03">Check samples.</E> “Check samples” are samples which have been distributed by CBP to accredited laboratories to test their proficiency in a certain area of accreditation.</P> <P> <E T="03">Commodity Group Brochure.</E> A “Commodity Group Brochure” is a booklet which contains a listing of laboratory methods which commercial laboratories are required to have the capability to perform to qualify for CBP-accreditation in a particular commodity group. The brochures and the Customs and Border Protection Laboratory <PRTPAGE P="182"/>(CBPL) Methods will specify the particular laboratory testing methods required for particular commodity groups, unless written permission from the Executive Director is given to use an alternate method. Procedures required by the Executive Director may reference applicable general industry testing standards, published by such organizations as the American Society for Testing and Materials (ASTM) and the American Petroleum Institute (API). Commodity Group Brochures and a listing of the methods found in the U.S. Customs Laboratory Methods Manual are available from the U.S. Customs and Border Protection, Attention: Executive Director, Laboratories and Scientific Services, Washington, D.C. 20229 and can also be found on the CBP Web site: <E T="03">www.cbp.gov</E>.</P> <P> <E T="03">Executive Director.</E> In §§ 151.12 and 151.13, references to the “Executive Director” mean the Executive Director, Laboratories and Scientific Services, located in Washington, D.C.</P> <P>(b) <E T="03">What is a “Customs-accredited laboratory”?</E> “Commercial laboratories” are individuals and commercial organizations that analyze merchandise, <E T="03">i.e.,</E> determine its composition and/or characteristics, through laboratory analysis. A “Customs-accredited laboratory” is a commercial laboratory, within the United States, that has demonstrated, to the satisfaction of the Executive Director, pursuant to this section, the capability to perform analysis of certain commodities to determine elements relating to the admissibility, quantity, composition, or characteristics of imported merchandise. Customs accreditation extends only to the performance of such functions as are vested in, or delegated to, Customs.</P> <P>(c) <E T="03">What are the obligations of a Customs-accredited laboratory?</E> A commercial laboratory accredited by Customs agrees to the following conditions and requirements:</P> <P>(1) To comply with the requirements of part 151, Customs Regulations (19 CFR part 151), and to conduct professional services in conformance with approved standards and procedures, including procedures which may be required by the Commissioner of Customs or the Executive Director;</P> <P>(2) To have no interest in or other connection with any business or other activity which might affect the unbiased performance of duties as a Customs-accredited laboratory. It is understood that this does not prohibit acceptance of the usual fees for professional services;</P> <P>(3) To maintain the ability, <E T="03">i.e.,</E> the instrumentation, equipment, qualified staff, facilities, etc., to perform the services for which the laboratory is accredited, and allow the Executive Director to evaluate that ability on a periodic basis by such means as on-site inspections, demonstrations of analysis procedures, reviews of submitted records, and proficiency testing through check samples;</P> <P>(4) To retain those laboratory records beyond the five-year record-retention period and samples (see paragraph (j)(1) of this section) specified by Customs as necessary to address matters concerned in pending litigation, and, if laboratory operations or accreditation cease, to contact Customs immediately regarding the disposition of records/samples retained;</P> <P>(5) To promptly investigate any circumstance which might affect the accuracy of work performed as an accredited laboratory, to correct the situation immediately, and to notify both the port director and the Executive Director of such matters, their consequences, and any corrective action taken or that needs to be taken; and</P> <P>(6) To immediately notify both the port director and the Executive Director of any attempt to impede, influence, or coerce laboratory personnel in the performance of their duties, or of any decision to terminate laboratory operations or accredited status. Further, within 5 days of any changes involving legal name, address, ownership, parent-subsidiary relationships, bond, other offices or sites, or approved signatories to notify the Executive Director by certified mail.</P> <P>(d) <E T="03">What are the commodity groups for which accreditation may be sought?</E> (1) Commercial laboratories may apply for accreditation to perform tests for any of the commodity groups listed in paragraph (d)(2) of this section. Applicable test procedures are listed in Commodity Group Brochures and the U.S. <PRTPAGE P="183"/>Customs Laboratory Methods Manual. Application may be made for accreditation in more than one commodity group. At the discretion of the Executive Director accreditation may be granted for subgroups of tests within a commodity group or for commodity groups not specifically enumerated. Once accredited, a Customs-accredited laboratory may apply at any time to expand its accreditation, to add new testing sites, or increase the number of commodity groups or subgroups accredited.</P> <P>(2) The commodity groups for which accreditation may be sought without special permission from the Executive Director are:</P> <P>(i) Dairy and Chocolate Products entered under Chapters 4, 18, and 21 of the Harmonized Tariff Schedule of the United States (HTSUS);</P> <P>(ii) Food and Food Products entered under Chapters 7-12, 15, 16, and 19-21, HTSUS;</P> <P>(iii) Botanical Identification—materials and products entered under Chapters 14 and 44-46, HTSUS;</P> <P>(iv) Sugar, Sugar Syrups, and Confectionery products entered under Chapter 17, HTSUS;</P> <P>(v) Spirituous Beverages entered under Chapter 22, HTSUS;</P> <P>(vi) Building Stone, Ceramics, Glassware, and Other Mineral Substances entered under Chapters 25 and 68-70, HTSUS;</P> <P>(vii) Inorganic Materials, including Inorganic Compounds and Ores, entered under Chapters 26, 28, 31, and 36-38, HTSUS;</P> <P>(viii) Petroleum and Petroleum Products entered under Chapters 27 and 29, HTSUS;</P> <P>(ix) Organic Materials, including Intermediates and Pharmaceuticals, entered under Chapters 29, 30, 34, 35, and 38, HTSUS;</P> <P>(x) Rubber, Plastics, Polymers, Pigments and Paints entered under Chapters 32, 39, and 40, HTSUS;</P> <P>(xi) Essential Oils and Perfumes entered under Chapter 33, HTSUS;</P> <P>(xii) Leather and Articles of Leather entered under Chapters 41 and 42, HTSUS;</P> <P>(xiii) Paper and Paper Products entered under Chapters 47-49, HTSUS;</P> <P>(xiv) Textiles and Related Products, including footwear and hats, entered under Chapters 50-67, HTSUS; and,</P> <P>(xv) Metals and Alloys entered under Chapters 72-83, HTSUS.</P> <P>(e) <E T="03">What are the approved methods of analysis?</E> Customs-accredited laboratories must follow the general or specific testing methods set forth in Commodity Group Brochures and the U.S. Customs Laboratory Methods Manual in the testing of designated commodities, unless the Executive Director gives written permission to use an alternate method. Alternative methods will be considered and approved on a case-by-case basis.</P> <P>(f) <E T="03">How would a commercial laboratory become a Customs-accredited laboratory?</E>—(1) <E T="03">What should an application contain?</E> An application for Customs accreditation must contain the following information:</P> <P>(i) The applicant's legal name and the address of its principal place of business and any other facility out of which it will work;</P> <P>(ii) Detailed statements of ownership and any partnerships, parent-subsidiary relationships, or affiliations with any other domestic or foreign organizations, including, but not limited to, importers, other commercial laboratories, producers, refiners, Customs brokers, or carriers;</P> <P>(iii) A statement of financial condition;</P> <P>(iv) If a corporation, a copy of the articles of incorporation and the names of all officers and directors;</P> <P>(v) The names, titles, and qualifications of each person who will be authorized to sign or approve analysis reports on behalf of the commercial laboratory;</P> <P>(vi) A complete description of the applicant's facilities, instruments, and equipment;</P> <P>(vii) An express agreement that if notified by Customs of pending accreditation to execute a bond in accordance with part 113, Customs Regulations (19 CFR part 113), and submit it to the Customs port nearest to the applicant's main office. (The limits of liability on the bond will be established by the Customs port in consultation with the Executive Director. In order to retain Customs accreditation, the laboratory <PRTPAGE P="184"/>must maintain an adequate bond, as determined by the port director);</P> <P>(viii) A listing of each commodity group for which accreditation is being sought and, if methods are being submitted for approval which are not specifically provided for in a Commodity Group Brochure and the U.S. Customs Laboratory Methods Manual, a listing of such methods;</P> <P>(ix) A listing by commodity group of each method according to its Customs Laboratory Method Number for which the laboratory is seeking accreditation;</P> <P>(x) An express agreement to be bound by the obligations contained in paragraph (c) of this section; and,</P> <P>(xi) A nonrefundable pre-payment equal to 50 percent of the fixed accreditation fee, as published in the <E T="04">Federal Register</E> and Customs Bulletin, to cover preliminary processing costs. Further, the applicant agrees to pay Customs within 30 days of notification of preliminary accreditation the associated charges assessed for accreditation, <E T="03">i.e.</E>, those charges for actual travel and background investigation costs, and the balance of the fixed accreditation fee.</P> <P>(2) <E T="03">Where should an application be sent?</E> A commercial laboratory seeking accreditation or an extension of an existing accreditation must send a letter of application to the U.S. Customs Service, Attention: Executive Director, Laboratories & Scientific Services, 1300 Pennsylvania Ave., NW, Washington, D.C. 20229.</P> <P>(3) <E T="03">How will an application be reviewed?</E>—(i) <E T="03">Physical plant and management system.</E> The facility of the applicant will be inspected to ensure that it is properly equipped to perform the necessary tests and that staff personnel are capable of performing required tests. Customs evaluation of an applicant's professional abilities will be in accordance with the general criteria contained in either the American Society for Testing and Materials (ASTM) E548 (Standard Guide for General Criteria Used for Evaluating Laboratory Competence) or the ISO/IEC Guide 25 (General Requirements for the Competence of Calibration and Testing Laboratories). This review will ascertain the laboratory's ability to manage and control the acquisition of technical data. The review will be performed at the time of initial application and upon reaccreditation at three-year intervals.</P> <P>(ii) <E T="03">Ability to perform tests on specified commodity groups.</E> For each commodity group applied for, the applicant will undergo a separate review of testing capabilities. The specific accreditation will be based on the laboratory's ability to perform the tests required for that commodity group. This will include the qualifications of the technical personnel in this field and the instrument availability required by the test methods. Maintenance of accreditation will be ongoing and may require the submission of test results on periodic check samples. The criteria for acceptance will be based on the laboratory's ability to produce a work product that assists in the proper classification and entry of imported merchandise.</P> <P>(iii) <E T="03">Determination of competence.</E> The Executive Director will determine the applicant's overall competence, independence, and character by conducting on-site inspections, which may include demonstrations by the applicant of analysis procedures and a review of analysis records submitted, and background investigations. The Executive Director may also conduct proficiency testing through check samples.</P> <P>(iv) <E T="03">Evaluation of technical and operational requirements.</E> Customs will determine whether the following technical and operational requirements are met:</P> <P>(A) <E T="03">Equipment.</E> The laboratory must be equipped with all of the instruments and equipment needed to conduct the tests for which it is accredited. The laboratory must ensure that all instruments and equipment are properly calibrated, checked, and maintained.</P> <P>(B) <E T="03">Facilities.</E> The laboratory must have, at a minimum, adequate space, lighting, and environmental controls to ensure compliance with the conditions prescribed for appropriate test procedures.</P> <P>(C) <E T="03">Personnel.</E> The laboratory must be staffed with persons having the necessary education, training, knowledge, and experience for their assigned functions (e.g., maintaining equipment, <PRTPAGE P="185"/>calibrating instruments, performing laboratory analyses, evaluating analytical results, and signing analysis reports on behalf of the laboratory). In general, each technical staff member should hold, at a minimum, a bachelor's degree in science or have two years related experience in an analytical laboratory.</P> <P>(g) <E T="03">How will an applicant be notified concerning accreditation?</E>—(1) <E T="03">Notice of accreditation or nonselection.</E> When Customs evaluation of a laboratory's credentials is completed, the Executive Director will notify the laboratory in writing of its preliminary accreditation or nonselection. (Final accreditation determinations will not be made until the applicant has satisfied all bond requirements and made payment on all assessed charges and the balance of the applicable accreditation fee). All final notices of accreditation, reaccreditation, or extension of existing Customs accreditation will be published in the <E T="04">Federal Register</E> and Customs Bulletin.</P> <P>(2) <E T="03">Grounds for nonselection.</E> The Executive Director may deny a laboratory's application for any of the following reasons:</P> <P>(i) The application contains false or misleading information concerning a material fact;</P> <P>(ii) The laboratory, a principal of the laboratory, or a person the Executive Director determines is exercising substantial ownership or control over the laboratory operation is indicted for, convicted of, or has committed acts which would:</P> <P>(A) Under United States federal or state law, constitute a felony or misdemeanor involving misstatements, fraud, or a theft-related offense; or</P> <P>(B) Reflect adversely on the business integrity of the applicant;</P> <P>(iii) A determination is made that the laboratory-applicant does not possess the technical capability, have adequate facilities, or management to perform the approved methods of analysis for Customs purposes;</P> <P>(iv) A determination is made that the laboratory has submitted false reports or statements concerning the sampling of merchandise, or that the applicant was subject to sanctions by state, local, or professional administrative bodies for such conduct;</P> <P>(v) Nonpayment of assessed charges and the balance of the fixed accreditation fee; or</P> <P>(vi) Failure to execute a bond in accordance with part 113 of this chapter.</P> <P>(3) <E T="03">Adverse accreditation decisions; appeal procedures</E>—(i) <E T="03">Preliminary notice.</E> A laboratory which is not selected for accreditation will be sent a preliminary notice of nonselection. The preliminary notice of nonselection will state the specific grounds for the proposed nonselection decision and advise the laboratory that it may file a response addressing the grounds for the action proposed with the Executive Director within 30 calendar days of the date the preliminary notice of nonselection was received by the laboratory.</P> <P>(ii) <E T="03">Final notice</E>—(A) <E T="03">Based on nonresponse.</E> If the laboratory does not respond to the preliminary notice, the Executive Director will issue a final notice of nonselection within 60 calendar days of the date the preliminary notice of nonselection was received by the laboratory applicant. The final notice of nonselection will state the specific grounds for the nonselection and advise the laboratory that it may choose to pursue one of the following two options:</P> <P>(<E T="03">1</E>) Submit a new application for accreditation, in accordance with the provisions of paragraph (f)(1) of this section, 180 days after the date of the final notice of nonselection; or</P> <P>(<E T="03">2</E>) Administratively appeal the final notice of nonselection to the Assistant Commissioner within 30 calendar days of the date of the final notice of nonselection.</P> <P>(B) <E T="03">Based on response.</E> If the laboratory files a timely response, the Executive Director will issue a final determination regarding the laboratory's accreditation within 30 calendar days of the date the applicant's response is received by the Executive Director. If this final determination is adverse to the laboratory, then the final notice of nonselection will state the specific grounds for nonselection and advise the laboratory that it may choose to pursue one of the two options provided at paragraphs (g)(3)(ii)(A)(1) and (2) of this section.<PRTPAGE P="186"/> </P> <P>(iii) <E T="03">Appeal decision.</E> The Assistant Commissioner will issue a decision on the appeal within 30 calendar days of the date the appeal is received. If the appeal decision is adverse to the laboratory, then the decision notice will advise the laboratory that it may choose to pursue one of the following two options:</P> <P>(A) Submit a new application for accreditation, in accordance with the provisions of paragraph (f)(1) of this section, 120 days after the date of the appeal decision; or</P> <P>(B) File an action with the Court of International Trade, pursuant to chapter 169 of title 28, United States Code, within 60 days of the date of the appeal decision.</P> <P>(h) <E T="03">What are the accreditation/reaccreditation fee requirements?</E>—(1) <E T="03">In general.</E> A fixed fee, representing Customs administrative overhead expense, will be assessed for each application for accreditation or reaccreditation. In addition, associated assessments, representing the actual costs associated with travel and per diem of Customs employees related to verification of application criteria and background investigations will be charged. The combination of the fixed fee and associated assessments represent reimbursement to Customs for costs related to accreditation and reaccreditation. The fixed fee will be published in the Customs Bulletin and the <E T="04">Federal Register.</E> Based on a review of the actual costs associated with the program, the fixed fee may be adjusted periodically; any changes will be published in the Customs Bulletin and the <E T="04">Federal Register</E>.</P> <P>(i) <E T="03">Accreditation fees.</E> A nonrefundable pre-payment equal to 50 percent of the fixed accreditation fee to cover preliminary processing costs must accompany each application for accreditation. Before a laboratory will be accredited, it must remit to Customs, at the address specified in the billing, within the 30 day billing period, the associated charges assessed for the accreditation and the balance of the fixed accreditation fee.</P> <P>(ii) <E T="03">Reaccreditation fees.</E> Before a laboratory will be reaccredited, it must submit to Customs, at the billing address specified, within the 30 day billing period the fixed reaccreditation fee.</P> <P>(2) <E T="03">Disputes.</E> In the event a laboratory disputes the charges assessed for travel and per diem costs associated with scheduled inspection visits, it may file an appeal within 30 calendar days of the date of the assessment with the Executive Director. The appeal letter must specify which charges are in dispute and provide such supporting documentation as may be available for each allegation. The Executive Director will make findings of fact concerning the merits of an appeal and communicate the agency decision to the laboratory in writing within 30 calendar days of the date of the appeal.</P> <P>(i) <E T="03">Can existing Customs-accredited laboratories continue to operate?</E> Commercial laboratories accredited by the Executive Director prior to December 8, 1993, will retain that accreditation under these regulations provided they conduct their business in a manner consistent with the administrative portions of this section. This paragraph does not pertain to any laboratory which has had its accreditation suspended or revoked. Laboratories which have had their accreditations continued under this section will have their status reevaluated on their next triennial inspection date which is no earlier than three years after the effective date of this regulation. At the time of reaccreditation, these laboratories must meet the requirements of this section and remit to Customs, at the address specified in the billing, within the 30 day billing period, the fixed reaccreditation fee. Failure to meet these requirements will result in revocation or suspension of the accreditation.</P> <P>(j) <E T="03">How will Customs-accredited laboratories operate?</E>—(1) <E T="03">Samples for testing.</E> Upon request by the importer of record of merchandise, the port director will release a representative sample of the merchandise for testing by a Customs-accredited laboratory at the expense of the importer. Under Customs supervision, the sample will be split into two essentially equal parts and given to the Customs-accredited laboratory. One portion of the sample may be used by the Customs-accredited laboratory for its testing. The other portion must be <PRTPAGE P="187"/>retained by the laboratory, under appropriate storage conditions, for Customs use, as necessary, unless Customs requires other specific procedures. Upon request, the sample portion reserved for Customs purposes must be surrendered to Customs.</P> <P>(i) <E T="03">Retention of non-perishable samples.</E> Non-perishable samples reserved for Customs and sample remnants from any testing must be retained by the accredited laboratory for a period of four months from the date of the laboratory's final analysis report, unless other instructions are issued in writing by Customs. At the end of this retention time period, the accredited laboratory may dispose of the retained samples and sample remnants in a manner consistent with federal, state, and local statutes.</P> <P>(ii) <E T="03">Retention of perishable samples.</E> Perishable samples reserved for Customs and sample remnants from any testing can be disposed of more expeditiously than provided for at paragraph (j)(1)(i) of this section, if done in accordance with acceptable laboratory procedures, unless other instructions are issued in writing by Customs.</P> <P>(2) <E T="03">Reports</E>—(i) <E T="03">Contents of reports.</E> Testing data must be obtained using methods approved by the Executive Director. The testing results from a Customs-accredited laboratory that are submitted by an importer of record with respect to merchandise in an entry, in the absence of testing conducted by Customs laboratories, will be accepted by Customs, provided that the importer of record certifies that the sample tested was taken from the merchandise in the entry and the report establishes elements relating to the admissibility, quantity, composition, or characteristics of the merchandise entered, as required by law.</P> <P>(ii) <E T="03">Status of commercial reports where Customs also tests merchandise.</E> Nothing in these regulations will preclude Customs from sampling and testing merchandise from a shipment which has been sampled and tested by a Customs-accredited laboratory at the request of an importer. In cases where a shipment has been analyzed by both Customs and a Customs-accredited laboratory, all Customs actions will be based upon the analysis provided by the Customs laboratory, unless the Executive Director advises otherwise. If Customs tests merchandise, it will release the results of its test to the importer of record or its agent upon request unless the testing information is proprietary to the holder of a copyright or patent, or developed by Customs for enforcement purposes.</P> <P>(3) <E T="03">Recordkeeping requirements.</E> Customs-accredited laboratories must maintain records of the type normally kept in the ordinary course of business in accordance with the provisions of this chapter and any other applicable provision of law, and make them available during normal business hours for Customs inspection. In addition, these laboratories must maintain all records necessary to permit the evaluation and verification of all Customs-related work, including, as appropriate, those described below. All records must be maintained for five years, unless the laboratory is notified in writing by Customs that a longer retention time is necessary for particular records. Electronic data storage and transmission may be approved by Customs.</P> <P>(i) <E T="03">Sample records.</E> Records for each sample tested for Customs purposes must be readily accessible and contain the following information:</P> <P>(A) A unique identifying number;</P> <P>(B) The date when the sample was received or taken;</P> <P>(C) The identity of the commodity (e.g., crude oil);</P> <P>(D) The name of the client;</P> <P>(E) The source of the sample (e.g., name of vessel, flight number of airline, name of individual taking the sample); and</P> <P>(F) If available, the Customs entry date, entry number, and port of entry and the names of the importer, exporter, manufacturer, and country-of-origin.</P> <P>(ii) <E T="03">Major equipment records.</E> Records for each major piece of equipment or instrument (including analytical balances) used in Customs-related work must identify the name and type of instrument, the manufacturer's name, the instrument's model and any serial numbers, and the occurrence of all servicing performed on the equipment or instrument, to include recalibration <PRTPAGE P="188"/>and any repair work, identifying who performed the service and when.</P> <P>(iii) <E T="03">Records of analytical procedures.</E> The Customs-accredited laboratory must maintain complete and up-to-date copies of all approved analytical procedures, calibration methods, etc., and must document the procedures each staff member is authorized to perform. These procedures must be readily available to appropriate staff.</P> <P>(iv) <E T="03">Laboratory analysis records.</E> The Customs-accredited laboratory must identify each analysis by sample record number (see paragraph (j)(3)(i) of this section) and must maintain all information or data (such as sample weights, temperatures, references to filed spectra, etc.) associated with each Customs-related laboratory analysis. Each analysis record must be dated and initialed or signed by the staff member(s) who did the work.</P> <P>(v) <E T="03">Laboratory analysis reports.</E> Each laboratory analysis report submitted to Customs must include:</P> <P>(A) The name and address of the Customs-accredited laboratory;</P> <P>(B) A description and identification of the sample, including its unique identifying number;</P> <P>(C) The designations of each analysis procedure used;</P> <P>(D) The analysis report itself (<E T="03">i.e.,</E> the pertinent characteristics of the sample);</P> <P>(E) The date of the report; and</P> <P>(F) The typed name and signature of the person accepting technical responsibility for the analysis report (<E T="03">i.e.,</E> an approved signatory).</P> <P>(4) <E T="03">Representation of Customs-accredited status.</E> Commercial laboratories accredited by Customs must limit statements or wording regarding their accreditation to an accurate description of the tests for the commodity group(s) for which accreditation has been obtained. Use of terms other than those appearing in the notice of accreditation (see paragraph (g) of this section) is prohibited.</P> <P>(5) <E T="03">Subcontracting prohibited.</E> Customs-accredited laboratories must not subcontract Customs-related analysis work to non Customs-accredited laboratories or non Customs-approved gaugers, but may subcontract to other facilities that are Customs-accredited/approved and in good standing.</P> <P>(k) <E T="03">How can a laboratory have its accreditation suspended or revoked or be required to pay a monetary penalty?</E>—(1) <E T="03">Grounds for suspension, revocation, or assessment of a monetary penalty</E>—(i) <E T="03">In general.</E> The Executive Director may immediately suspend or revoke a laboratory's accreditation only in cases where the laboratory's actions are intentional violations of any Customs law or when required by public health or safety. In other situations where the Executive Director has cause, the Executive Director will propose the suspension or revocation of a laboratory's accreditation or propose a monetary penalty and provide the laboratory with the opportunity to respond to the notice of proposed action.</P> <P>(ii) <E T="03">Specific grounds.</E> A laboratory's accreditation may be suspended or revoked, or a monetary penalty may be assessed because:</P> <P>(A) The selection was obtained through fraud or the misstatement of a material fact by the laboratory;</P> <P>(B) The laboratory, a principal of the laboratory, or a person the port director determines is exercising substantial ownership or control over the laboratory operation is indicted for, convicted of, or has committed acts which would: under United States federal or state law, constitute a felony or misdemeanor involving misstatements, fraud, or a theft-related offense; or reflect adversely on the business integrity of the applicant. In the absence of an indictment, conviction, or other legal process, the port director must have probable cause to believe the proscribed acts occurred;</P> <P>(C) Staff laboratory personnel refuse or otherwise fail to follow any proper order of a Customs officer or any Customs order, rule, or regulation;</P> <P>(D) The laboratory fails to operate in accordance with the obligations of paragraph (c) of this section;</P> <P>(E) A determination is made that the laboratory is no longer technically or operationally proficient at performing the approved methods of analysis for Customs purposes;</P> <P>(F) The laboratory fails to remit to Customs, at the billing address specified, within the 30 day billing period <PRTPAGE P="189"/>the associated charges assessed for the accreditation and the balance of the fixed accreditation fee;</P> <P>(G) The laboratory fails to maintain its bond;</P> <P>(H) The laboratory fails to remit to Customs, at the billing address specified, within the 30 day billing period, the fixed reaccreditation fee; or</P> <P>(I) The laboratory fails to remit any monetary penalty assessed under this section.</P> <P>(iii) <E T="03">Assessment of monetary penalties.</E> The assessment of a monetary penalty under this section, may be in lieu of, or in addition to, a suspension or revocation of accreditation under this section. The monetary penalty may not exceed $100,000 per violation and will be assessed and administered pursuant to published guidelines. Any monetary penalty under this section can be in addition to the recovery of:</P> <P>(A) Any loss of revenue, in cases where the laboratory intentionally falsified the analysis report in collusion with the importer, pursuant to 19 U.S.C. 1499(b)(1)(B)(i); or</P> <P>(B) Liquidated damages assessed under the laboratory's Customs bond.</P> <P>(2) <E T="03">Notice of adverse action.</E> When a decision to suspend or revoke accreditation, and/or assess a monetary penalty is made, the Executive Director will immediately notify the laboratory in writing, indicating whether the action is effective immediately or is proposed.</P> <P>(i) <E T="03">Immediate suspension or revocation.</E> Where the suspension or revocation of accreditation is immediate, the Executive Director will issue a final notice of adverse determination. The final notice of adverse determination will state the specific grounds for the immediate suspension or revocation, direct the laboratory to cease performing any Customs-accredited functions, and advise the laboratory that it may choose to pursue one of the following two options:</P> <P>(A) Submit a new application for accreditation, in accordance with the provisions of paragraph (f)(1) of this section, 180 days after the date of the final notice of adverse determination; or</P> <P>(B) Administratively appeal the final notice of adverse determination to the Assistant Commissioner within 30 calendar days of the date of the final notice of adverse determination.</P> <P>(ii) <E T="03">Proposed suspension, revocation, or assessment of monetary penalty</E>—(A) <E T="03">Preliminary notice.</E> Where the suspension or revocation of accreditation, and/or the assessment of a monetary penalty is proposed, the Executive Director will issue a preliminary notice of proposed action. The preliminary notice of proposed action will state the specific grounds for the proposed action, inform the laboratory that it may continue to perform those functions requiring Customs-accreditation until the Executive Director's final notice is issued, and advise the laboratory that it may file a response addressing the grounds for the action proposed with the Executive Director within 30 calendar days of the date the preliminary notice of proposed action was received by the laboratory. The laboratory may respond by accepting responsibility, explaining extenuating circumstances, and/or providing rebuttal evidence. The laboratory also may ask for a meeting with the Executive Director or his designee to discuss the proposed action.</P> <P>(B) <E T="03">Final notice</E>—(<E T="03">1</E>) <E T="03">Based on nonresponse.</E> If the laboratory does not respond to the preliminary notice of proposed action, the Executive Director will issue a final notice of adverse determination within 60 calendar days of the date the preliminary notice of proposed action was received by the laboratory. The final notice of adverse determination will state the specific grounds for the adverse determination, direct the laboratory to cease performing any Customs-accredited functions, and advise the laboratory that it may choose to pursue one of the two options provided at paragraphs (k)(2)(i)(A) and (B) of this section.</P> <P>(<E T="03">2</E>) <E T="03">Based on response.</E> If the laboratory files a timely response, the Executive Director will issue a final determination regarding the status of the laboratory's accreditation within 30 calendar days of the date the laboratory's response is received by the Executive Director. If this final determination is adverse to the laboratory, then the final notice of adverse determination will state the specific grounds for the adverse action, advise the laboratory to cease performing any functions <PRTPAGE P="190"/>requiring Customs accreditation, and advise the laboratory that it may choose to pursue one of the two options provided at paragraphs (k)(2)(i)(A) and (B) of this section.</P> <P>(<E T="03">3</E>) <E T="03">Publication of final notices of adverse determination.</E> Any final notices of adverse determination issued by the Executive Director resulting in a laboratory being directed to cease performing Customs-accredited functions will be published in the <E T="04">Federal Register</E> and Customs Bulletin and the notice published will include the effective date, duration, and scope of the determination.</P> <P>(<E T="03">4</E>) <E T="03">Appeal decision.</E> The Assistant Commissioner will issue a decision on the appeal within 30 calendar days of the date the appeal is received. If the appeal decision is adverse to the laboratory, then the decision notice will advise the laboratory that it may choose to pursue one of the following two options:</P> <P>(i) Submit a new application for accreditation, in accordance with the provisions of paragraph (f)(1) of this section, 120 days after the date of the appeal decision; or</P> <P>(ii) File an action with the Court of International Trade, pursuant to chapter 169 of title 28, United States Code, within 60 days of the date of the appeal decision.</P> <CITA>[T.D. 99-67, 64 FR 48534, Sept.7, 1999; T.D. 99-67, 65 FR 10009, 10010, Feb. 25, 2000]</CITA> </SECTION> <SECTION> <SECTNO>§ 151.13</SECTNO> <SUBJECT>Approval of commercial gaugers.</SUBJECT> <P>This section sets forth the requirements for commercial gaugers to obtain approval by Customs for the measuring of certain merchandise, and explains the operation of such approved gaugers. This section also provides for the imposition of approval and reapproval fees, sets forth grounds for the suspension or revocation of approval, and provides for the imposition of a monetary penalty for an approved commercial gauger that fails to adhere to the provisions of this section.</P> <P>(a) <E T="03">What is a “Customs-approved gauger”?</E> “Commercial gaugers” are individuals and commercial organizations that measure, gauge, or sample merchandise (usually merchandise in bulk form) and who deal mainly with animal and vegetable oils, petroleum, petroleum products, and bulk chemicals. A “Customs-approved gauger” is a commercial concern, within the United States, that has demonstrated, to the satisfaction of the Executive Director (defined at § 151.12(a)), pursuant to this section, the capability to perform certain gauging and measurement procedures for certain commodities. Customs approval extends only to the performance of such functions as are vested in, or delegated to, Customs.</P> <P>(b) <E T="03">What are the obligations of a Customs-approved gauger?</E> A commercial gauger approved by Customs agrees to the following conditions and requirements:</P> <P>(1) To comply with the requirements of part 151, Customs Regulations (19 CFR part 151), and to conduct professional services in conformance with approved standards and procedures, including procedures which may be required by the Commissioner of Customs or the Executive Director;</P> <P>(2) To have no interest in or other connection with any business or other activity which might affect the unbiased performance of duties as a Customs-approved gauger. It is understood that this does not prohibit acceptance of the usual fees for professional services;</P> <P>(3) To maintain the ability, <E T="03">i.e.,</E> the instrumentation, equipment, qualified staff, facilities, etc., to perform the services for which the gauger is approved, and allow the Executive Director to evaluate that ability on a periodic basis by such means as on-site inspections, demonstrations of gauging procedures, and reviews of submitted records;</P> <P>(4) To retain those gauger records beyond the five-year record-retention period specified by Customs as necessary to address matters concerned in pending litigation, and, if gauger operations or approval cease, to contact Customs immediately regarding the disposition of records retained;</P> <P>(5) To promptly investigate any circumstance which might affect the accuracy of work performed as an approved gauger, to correct the situation immediately, and to notify both the <PRTPAGE P="191"/>port director and the Executive Director of such matters, their consequences, and any corrective action taken or that needs to be taken; and</P> <P>(6) To immediately notify both the port director and the Executive Director of any attempt to impede, influence, or coerce gauger personnel in the performance of their duties, or of any decision to terminate gauger operations or approval status. Further, within 5 days of any changes involving legal name, address, ownership, parent-subsidiary relationships, bond, other offices or sites, or approved signatories to notify the Executive Director by certified mail.</P> <P>(c) <E T="03">What are the approved measurement procedures?</E> Customs-approved gaugers must comply with appropriate procedures published by such professional organizations as the American Society for Testing and Materials (ASTM) and the American Petroleum Institute (API), unless the Executive Director gives written permission to use an alternate method. Alternative methods will be considered and approved on a case-by-case basis.</P> <P>(d) <E T="03">How would a commercial gauger become a Customs-approved gauger?</E>—(1) <E T="03">What should an application contain?</E> An application for Customs approval must contain the following information:</P> <P>(i) The applicant's legal name and the address of its principal place of business and any other facility out of which it will work;</P> <P>(ii) Detailed statements of ownership and any partnerships, parent-subsidiary relationships, or affiliations with any other domestic or foreign organizations, including, but not limited to, importers, producers, refiners, Customs brokers, or carriers;</P> <P>(iii) A statement of financial condition;</P> <P>(iv) If a corporation, a copy of the articles of incorporation and the names of all officers and directors;</P> <P>(v) The names, titles, and qualifications of each person who will be authorized to sign or approve gauging reports on behalf of the commercial gauger;</P> <P>(vi) A complete description of the applicant's facilities, instruments, and equipment;</P> <P>(vii) An express agreement that if notified by Customs of pending approval to execute a bond in accordance with part 113, Customs Regulations (19 CFR part 113), and submit it to the Customs port nearest to the applicant's main office. (The limits of liability on the bond will be established by the Customs port in consultation with the Executive Director. In order to retain Customs approval, the gauger must maintain an adequate bond, as determined by the port director);</P> <P>(viii) An express agreement to be bound by the obligations contained in paragraph (b) of this section; and,</P> <P>(ix) A nonrefundable pre-payment equal to 50 percent of the fixed approval fee, as published in the <E T="04">Federal Register</E> and Customs Bulletin, to cover preliminary processing costs. Further, the applicant agrees to pay Customs within 30 days of notification of preliminary approval the associated charges assessed for approval, <E T="03">i.e.,</E> those charges for actual travel and background investigation costs, and the balance of the fixed approval fee.</P> <P>(2) <E T="03">Where should an application be sent?</E> A commercial gauger seeking approval or an extension of an existing approval must send a letter of application to the U.S. Customs Service, Attention: Executive Director, Laboratories & Scientific Services, 1300 Pennsylvania Ave., NW, Washington, D.C. 20229.</P> <P>(3) <E T="03">How will an application be reviewed?</E>—(i) <E T="03">Determination of competence.</E> The Executive Director will determine the applicant's overall competence, independence, and character by conducting on-site inspections, which may include demonstrations by the applicant of gauging procedures and a review of records submitted, and background investigations. The Executive Director may also conduct proficiency testing through check samples.</P> <P>(ii) <E T="03">Evaluation of technical and operational requirements.</E> Customs will determine whether the following technical and operational requirements are met:</P> <P>(A) <E T="03">Equipment.</E> The facility must be equipped with all of the instruments <PRTPAGE P="192"/>and equipment needed to conduct approved services. The gauger must ensure that all instruments and equipment are properly calibrated, checked, and maintained.</P> <P>(B) <E T="03">Facilities.</E> The facility must have, at a minimum, adequate space, lighting, and environmental controls to ensure compliance with the conditions prescribed for appropriate measurements.</P> <P>(C) <E T="03">Personnel.</E> The facility must be staffed with persons having the necessary education, training, knowledge, and experience for their assigned functions (e.g., maintaining equipment, calibrating instruments, performing gauging services, evaluating gauging results, and signing gauging reports on behalf of the commercial gauger). In general, each technical staff member should have, at a minimum, six months training and experience in gauging.</P> <P>(e) <E T="03">How will an applicant be notified concerning approval?</E>—(1) <E T="03">Notice of approval or nonselection.</E> When Customs evaluation of a gauger's credentials is completed, the Executive Director will notify the gauger in writing of its preliminary approval or nonselection. (Final approval determinations will not be made until the applicant has satisfied all bond requirements and made payment on all assessed charges and the balance of the applicable approval fee). All final notices of approval, reapproval, or extension of existing Customs approval will be published in the <E T="04">Federal Register</E> and Customs Bulletin.</P> <P>(2) <E T="03">Grounds for nonselection.</E> The Executive Director may deny a gauger's application for any of the following reasons:</P> <P>(i) The application contains false or misleading information concerning a material fact;</P> <P>(ii) The gauger, a principal of the gauging facility, or a person the Executive Director determines is exercising substantial ownership or control over the gauger operation is indicted for, convicted of, or has committed acts which would:</P> <P>(A) Under United States federal or state law, constitute a felony or misdemeanor involving misstatements, fraud, or a theft-related offense; or</P> <P>(B) Reflect adversely on the business integrity of the applicant;</P> <P>(iii) A determination is made that the gauger-applicant does not possess the technical capability, have adequate facilities, or management to perform the approved methods of measurement for Customs purposes;</P> <P>(iv) A determination is made that the gauger has submitted false reports or statements concerning the measurement of merchandise, or that the applicant was subject to sanctions by state, local, or professional administrative bodies for such conduct;</P> <P>(v) Nonpayment of assessed charges and the balance of the fixed approval fee; or</P> <P>(vi) Failure to execute a bond in accordance with part 113 of this chapter.</P> <P>(3) <E T="03">Adverse approval decisions; appeal procedures.</E>(i) <E T="03">Preliminary notice.</E> A gauger which is not selected for approval will be sent a preliminary notice of nonselection. The preliminary notice of nonselection will state the specific grounds for the proposed nonselection decision and advise the gauger that it may file a response addressing the grounds for the action proposed with the Executive Director within 30 calendar days of the date the preliminary notice of nonselection was received by the gauger.</P> <P>(ii) <E T="03">Final notice</E>—(A) <E T="03">Based on nonresponse.</E> If the gauger does not respond to the preliminary notice, the Executive Director will issue a final notice of nonselection within 60 calendar days of the date the preliminary notice of nonselection was received by the gauger applicant. The final notice of nonselection will state the specific grounds for the nonselection and advise the gauger that it may choose to pursue one of the following two options:</P> <P>(<E T="03">1</E>) Submit a new application for approval, in accordance with the provisions of paragraph (d)(1) of this section, 180 days after the date of the final notice of nonselection; or</P> <P>(<E T="03">2</E>) Administratively appeal the final notice of nonselection to the Assistant Commissioner within 30 calendar days of the date of the final notice of nonselection.</P> <P>(B) <E T="03">Based on response.</E> If the gauger files a timely response, the Executive <PRTPAGE P="193"/>Director will issue a final determination regarding the gauger's approval within 30 calendar days of the date the applicant's response is received by the Executive Director. If this final determination is adverse to the gauger, then the final notice of nonselection will state the specific grounds for nonselection and advise the gauger that it may choose to pursue one of the two options provided at paragraphs (e)(3)(ii)(A)(1) and (2) of this section.</P> <P>(iii) <E T="03">Appeal decision.</E> The Assistant Commissioner will issue a decision on the appeal within 30 calendar days of the date the appeal is received. If the appeal decision is adverse to the gauger, then the decision notice will advise the gauger that it may choose to pursue one of the following two options:</P> <P>(A) Submit a new application for approval, in accordance with the provisions of paragraph (d)(1) of this section, 120 days after the date of the appeal decision; or</P> <P>(B) File an action with the Court of International Trade, pursuant to chapter 169 of title 28, United States Code, within 60 days of the date of the appeal decision.</P> <P>(f) <E T="03">What are the approval/reapproval fee requirements?</E>—(1) <E T="03">In general.</E> A fixed fee, representing Customs administrative overhead expense, will be assessed for each application for approval or reapproval. In addition, associated assessments, representing the actual costs associated with travel and per diem of Customs employees related to verification of application criteria and background investigations will be charged. The combination of the fixed fee and associated assessments represent reimbursement to Customs for costs related to approval and reapproval. The fixed fee will be published in the Customs Bulletin and the <E T="04">Federal Register.</E> Based on a review of the actual costs associated with the program, the fixed fee may be adjusted periodically; any changes will be published in the Customs Bulletin and the <E T="04">Federal Register.</E> </P> <P>(i) <E T="03">Approval fees.</E> A nonrefundable pre-payment equal to 50 percent of the fixed approval fee to cover preliminary processing costs must accompany each application for approval. Before a gauger will be approved, it must submit to Customs, at the address specified in the billing, within the 30 day billing period the associated charges assessed for the approval and the balance of the fixed approval fee.</P> <P>(ii) <E T="03">Reapproval fees.</E> Before a gauger will be reapproved, it must submit to Customs, at the billing address specified, within the 30 day billing period, the fixed reapproval fee.</P> <P>(2) <E T="03">Disputes.</E> In the event a gauger disputes the charges assessed for travel and per diem costs associated with scheduled inspection visits, it may file an appeal within 30 calendar days of the date of the assessment with the Executive Director. The appeal letter must specify which charges are in dispute and provide such supporting documentation as may be available for each allegation. The Executive Director will make findings of fact concerning the merits of an appeal and communicate the agency decision to the gauger in writing within 30 calendar days of the date of the appeal.</P> <P>(g) <E T="03">Can existing Customs-approved gaugers continue to operate?</E> Commercial gaugers approved by the Executive Director prior to December 8, 1993, will retain approval under these regulations provided that they conduct their business in a manner consistent with the administrative portions of this section. This paragraph does not pertain to any gauger which has had its approval suspended or revoked. Gaugers which have had their approvals continued under this section will have their status reevaluated on their next triennial inspection date which is no earlier than three years after the effective date of this regulation. At the time of reapproval, these gaugers must meet the requirements of this section and remit to Customs, at the address specified in the billing, within the 30 day billing period the fixed reapproval fee. Failure to meet these requirements will result in revocation or suspension of the approval.</P> <P>(h) <E T="03">How will Customs-approved gaugers operate?</E>—(1) <E T="03">Reports</E>—(i) <E T="03">Contents of reports.</E> The measurement results from a Customs-approved gauger that are submitted by an importer of record with respect to merchandise in an entry, in the absence of measurements conducted by Customs, will be accepted by <PRTPAGE P="194"/>Customs, provided that the importer of record certifies that the measurement was of the merchandise in the entry. All reports must measure net landed quantity, except in the case of crude petroleum of Heading 2709, Harmonized Tariff Schedule of the United States (HTSUS), which may be measured by gross quantity. Reports must use the appropriate HTSUS units of quantity, e.g., liters, barrels, or kilograms.</P> <GPOTABLE CDEF="s100,r100,r100" COLS="3" OPTS="L2"> <BOXHD> <CHED H="1">HTSUS</CHED> <CHED H="1">Product</CHED> <CHED H="1">Unit of quantity</CHED> </BOXHD> <ROW> <ENT I="01">Headings 1501-1515</ENT> <ENT>Animal and vegetable oils</ENT> <ENT>Kilogram.</ENT> </ROW> <ROW> <ENT I="01">Subheadings 2707.10-2707.30 and 2902.20-2902.44</ENT> <ENT>Benzene, toluene and xylene</ENT> <ENT>Liter.</ENT> </ROW> <ROW> <ENT I="01">Heading 2709</ENT> <ENT>Crude Petroleum</ENT> <ENT>Barrel.</ENT> </ROW> <ROW> <ENT I="01">Heading 2710 (various subheadings)</ENT> <ENT>Fuel oils, motor oils, kerosene, naphtha, lubricating oils</ENT> <ENT>Barrel.</ENT> </ROW> <ROW> <ENT I="01">Chapter 29 (various subheadings)</ENT> <ENT>Organic compounds in bulk and liquid form</ENT> <ENT>Kilogram, liter, etc.</ENT> </ROW> </GPOTABLE> <P>(ii) <E T="03">Status of commercial reports where Customs also gauges merchandise.</E> Nothing in these regulations will preclude Customs from gauging a shipment which has been gauged by a Customs-approved gauger at the request of an importer. In cases where a shipment has been gauged by both Customs and a Customs-approved gauger, all Customs actions will be based upon the gauging reports issued by Customs, unless the Executive Director advises other actions. If Customs gauges merchandise, it will release the report of its measurements to the importer of record or its agent upon request unless the gauging information is proprietary to the holder of a copyright or patent, or developed by Customs for enforcement purposes.</P> <P>(2) <E T="03">Recordkeeping requirements.</E> Customs-approved gaugers must maintain records of the type normally kept in the ordinary course of business in accordance with the provisions of this chapter and any other applicable provisions of law, and make them available during normal business hours for Customs inspection. In addition, these gaugers must maintain all records necessary to permit the evaluation and verification of all Customs-related work, including, as appropriate, those described below. All records must be maintained for five years, unless the gauger is notified in writing by Customs that a longer retention time is necessary for particular records. Electronic data storage and transmission may be approved by Customs.</P> <P>(i) <E T="03">Transaction records.</E> Records for each Customs-related transaction must be readily accessible and have the following:</P> <P>(A) A unique identifying number;</P> <P>(B) The date and location where the transaction occurred;</P> <P>(C) The identity of the product (e.g., crude oil);</P> <P>(D) The name of the client;</P> <P>(E) The source of the product (e.g., name of vessel, flight number of airline); and</P> <P>(F) If available, the Customs entry date, entry number, and port of entry and the names of the importer, exporter, manufacturer, and country-of-origin.</P> <P>(ii) <E T="03">Major equipment records.</E> Records for each major piece of equipment used in Customs-related work must identify the name and type of instrument, the manufacturer's name, the instrument's model and any serial numbers, and the occurrence of all servicing performed on the equipment or instrument, to include recalibration and any repair work, identifying who performed the service and when.</P> <P>(iii) <E T="03">Records of gauging procedures.</E> The Customs-approved gauger must maintain complete and up-to-date copies of all approved gauging procedures, calibration methods, etc., and must document the procedures that each staff member is authorized to perform. These procedures must be readily available to appropriate staff.</P> <P>(iv) <E T="03">Gauging records.</E> The Customs-approved gauger must identify each transaction by transaction record number (see paragraph (h)(2)(i) of this section) and must maintain all information or data (such as temperatures, <PRTPAGE P="195"/>etc.) associated with each Customs-related gauging transaction. Each gauging record (<E T="03">i.e.,</E> the complete file of all data for each separate transaction) must be dated and initialed or signed by the staff member(s) who did the work.</P> <P>(v) <E T="03">Gauging reports.</E> Each gauging report submitted to Customs must include:</P> <P>(A) The name and address of the Customs-approved gauger;</P> <P>(B) A description and identification of the transaction, including its unique identifying number;</P> <P>(C) The designations of each gauging procedure used;</P> <P>(D) The gauging report itself (<E T="03">i.e.,</E> the quantity of the merchandise);</P> <P>(E) The date of the report; and</P> <P>(F) The typed name and signature of the person accepting technical responsibility for the gauging report (<E T="03">i.e.,</E> an approved signatory).</P> <P>(3) <E T="03">Representation of Customs-approved status.</E> Commercial gaugers approved by Customs must limit statements or wording regarding their approval to an accurate description of the commodities for which approval has been obtained. Use of terms other than those appearing in the notice of approval (see paragraph (e) of this section) is prohibited.</P> <P>(4) <E T="03">Subcontracting prohibited.</E> Customs-approved gaugers must not subcontract Customs-related work to non Customs-approved gaugers or non Customs-accredited laboratories, but may subcontract to other facilities that are Customs-approved/accredited and in good standing.</P> <P>(i) <E T="03">How can a gauger have its approval suspended or revoked or be required to pay a monetary penalty?</E>—(1) <E T="03">Grounds for suspension, revocation, or assessment of a monetary penalty</E>—(i) <E T="03">In general.</E> The Executive Director may immediately suspend or revoke a gauger's approval only in cases where the gauger's actions are intentional violations of any Customs law or when required by public health or safety. In other situations where the Executive Director has cause, the Executive Director will propose the suspension or revocation of a gauger's approval or propose a monetary penalty and provide the gauger with the opportunity to respond to the notice of proposed action.</P> <P>(ii) <E T="03">Specific grounds.</E> A gauger's approval may be suspended or revoked, or a monetary penalty may be assessed because:</P> <P>(A) The selection was obtained through fraud or the misstatement of a material fact by the gauger;</P> <P>(B) The gauger, a principal of the gauging facility, or a person the port director determines is exercising substantial ownership or control over the gauger operation is indicted for, convicted of, or has committed acts which would: under United States federal or state law, constitute a felony or misdemeanor involving misstatements, fraud, or a theft-related offense; or reflect adversely on the business integrity of the applicant. In the absence of an indictment, conviction, or other legal process, the port director must have probable cause to believe the proscribed acts occurred;</P> <P>(C) Staff gauger personnel refuse or otherwise fail to follow any proper order of a Customs officer or any Customs order, rule, or regulation;</P> <P>(D) The gauger fails to operate in accordance with the obligations of paragraph (b) of this section;</P> <P>(E) A determination is made that the gauger is no longer technically or operationally proficient at performing the approved methods of measurement for Customs purposes;</P> <P>(F) The gauger fails to remit to Customs, at the billing address specified, within the 30 day billing period the associated charges assessed for the approval and the balance of the fixed approval fee;</P> <P>(G) The gauger fails to maintain its bond;</P> <P>(H) The gauger fails to remit to Customs, at the billing address specified, within the 30 day billing period the fixed reapproval fee; or</P> <P>(I) The gauger fails to remit any monetary penalty assessed under this section.</P> <P>(iii) <E T="03">Assessment of monetary penalties.</E> The assessment of a monetary penalty under this section, may be in lieu of, or in addition to, a suspension or revocation of approval under this section. The monetary penalty may not exceed <PRTPAGE P="196"/>$100,000 per violation and will be assessed and administered pursuant to published guidelines. Any monetary penalty under this section can be in addition to the recovery of:</P> <P>(A) Any loss of revenue, in cases where the gauger intentionally falsified the gauging report in collusion with the importer, pursuant to 19 U.S.C. 1499(b)(1)(B)(i); or</P> <P>(B) Liquidated damages assessed under the gauger's Customs bond.</P> <P>(2) <E T="03">Notice of adverse action.</E> When a decision to suspend or revoke approval, and/or assess a monetary penalty is made, the Executive Director will immediately notify the gauger in writing, indicating whether the action is effective immediately or is proposed.</P> <P>(i) <E T="03">Immediate suspension or revocation.</E> Where the suspension or revocation of approval is immediate, the Executive Director will issue a final notice of adverse determination. The final notice of adverse determination will state the specific grounds for the immediate suspension or revocation, direct the gauger to cease performing any Customs-approved functions, and advise the gauger that it may choose to pursue one of the following two options:</P> <P>(A) Submit a new application for approval, in accordance with the provisions of paragraph (d)(1) of this section, 180 days after the date of the final notice of nonselection; or</P> <P>(B) Administratively appeal the final notice of adverse determination to the Assistant Commissioner within 30 calendar days of the date of the final notice of adverse determination.</P> <P>(ii) <E T="03">Proposed suspension, revocation, or assessment of monetary penalty</E>—(A) <E T="03">Preliminary notice.</E> Where the suspension or revocation of approval, and/or the assessment of a monetary penalty is proposed, the Executive Director will issue a preliminary notice of proposed action. The preliminary notice of proposed action will state the specific grounds for the proposed action, inform the gauger that it may continue to perform those functions requiring Customs-approval until the Executive Director's final notice is issued, and advise the gauger that it may file a response addressing the grounds for the action proposed with the Executive Director within 30 calendar days of the date the preliminary notice of proposed action was received by the gauger. The gauger may respond by accepting responsibility, explaining extenuating circumstances, and/or providing rebuttal evidence. The gauger also may ask for a meeting with the Executive Director or his designee to discuss the proposed action.</P> <P>(B) <E T="03">Final notice</E>—(<E T="03">1</E>) <E T="03">Based on nonresponse.</E> If the gauger does not respond to the preliminary notice of proposed action, the Executive Director will issue a final notice of adverse determination within 60 calendar days of the date the preliminary notice of proposed action was received by the gauger. The final notice of adverse determination will state the specific grounds for the adverse determination, direct the gauger to cease performing any Customs-approved functions, and advise the gauger that it may choose to pursue one of the two options provided at paragraphs (i)(2)(i)(A) and (B) of this section.</P> <P>(<E T="03">2</E>) <E T="03">Based on response.</E> If the gauger files a timely response, the Executive Director will issue a final determination regarding the status of the gauger's approval within 30 calendar days of the date the gauger's response is received by the Executive Director. If this final determination is adverse to the gauger, then the final notice of adverse determination will state the specific grounds for the adverse action, advise the gauger to cease performing any functions requiring Customs approval, and advise the gauger that it may choose to pursue one of the two options provided at paragraphs (i)(2)(i))(A) and (B) of this section.</P> <P>(<E T="03">3</E>) <E T="03">Publication of final notices of adverse determination.</E> Any final notices of adverse determination issued by the Executive Director resulting in a gauger being directed to cease performing Customs-approved functions will be published in the <E T="04">Federal Register</E> and Customs Bulletin and the notice published will include the effective date, duration, and scope of the determination.</P> <P>(<E T="03">4</E>) <E T="03">Appeal decision.</E> The Assistant Commissioner will issue a decision on the appeal within 30 calendar days of the date the appeal is received. If the <PRTPAGE P="197"/>appeal decision is adverse to the gauger, then the decision notice will advise the gauger that it may choose to pursue one of the following two options:</P> <P>(i) Submit a new application for approval, in accordance with the provisions of paragraph (d)(1) of this section, 120 days after the date of the appeal decision; or</P> <P>(ii) File an action with the Court of International Trade, pursuant to chapter 169 of title 28, United States Code, within 60 calendar days of the date of the appeal decision.</P> <CITA>[T.D. 99-67, 64 FR 48539, Sept. 7, 1999; 65 FR 10011, Feb. 25, 2000]</CITA> </SECTION> <SECTION> <SECTNO>§ 151.14</SECTNO> <SUBJECT>Use of commercial laboratory tests in liquidation.</SUBJECT> <P>The analysis method for crude petroleum contained in ASTM D96 or other approved analysis method and as determined by a Customs-accredited commercial laboratory shall be used for Customs purposes if the difference between the value found by the commercial laboratory and the value found by the Customs laboratory does not exceed 0.11 percent. If the difference exceeds this limit and the Customs-accredited commercial laboratory cannot establish that Customs is in error, then the Customs results shall be used.</P> <CITA>[T.D. 90-78, 55 FR 40167, Oct. 2, 1990, as amended by T.D. 99-67, 64 FR 48543, Sept. 7, 1999]</CITA> </SECTION> <SECTION> <SECTNO>§ 151.15</SECTNO> <SUBJECT>Movement of merchandise to a centralized examination station.</SUBJECT> <P>(a) <E T="03">Permission to transfer merchandise for examination.</E> When a shipment requires examination at a centralized examination station (CES), Customs Form 3461, or Customs Form 3461 (ALT) for land border cargo, or an attachment to either, may be used to request permission to transfer the merchandise to a CES. The entry filer must write, type or stamp the following lines on the form or attachment, and must supply the information called for on the first three lines: </P> <EXTRACT> <FP SOURCE="FP-2">Containers to be transferred: ___ All or,</FP> <FP SOURCE="FP1-2">Container #'s ___, ___, ___←</FP> <FP SOURCE="FP-2">To CES_________________←</FP> <FP SOURCE="FP-2">Approved by: U.S. Customs Inspector___←</FP> <FP SOURCE="FP-2">Date_________________←</FP> </EXTRACT> <FP>Unless the port director exercises his authority pursuant to paragraph (d) of this section, the reviewing inspector will initial and date the form or attachment being used, or stamp one copy of the Customs Form 3461 or 3461 (ALT) if required by the port director. A copy of this document will act as notification and authorization to the entry filer that the merchandise must be transferred to the importer-designated CES unless another CES is designated by the port director under paragraph (d) of this section.</FP> <P>(b) <E T="03">Assumption of liability during transfer.</E> Merchandise designated for examination may be transferred from the importing carrier's point of unlading or from a bonded facility, to a CES, only if the transfer takes place under bond. The entry filer shall select one of the following bonded movements for the transfer to the CES unless the type of bonded movement to be used is specified by the port director under paragraph (d) of this section:</P> <P>(1) If the merchandise is tranferred directly to a CES by an importing carrier, the importing carrier shall remain liable under the terms of its international carrier bond for the proper safekeeping and delivery of the merchandise until it is receipted for by the CES operator.</P> <P>(2) If the merchandise is transferred directly from a bonded carrier's facility to a CES or is delivered directly to the CES by a bonded carrier, the bonded carrier shall remain liable under the terms of its custodial bond for the proper safekeeping and delivery of the merchandise until it is receipted for by the CES operator.</P> <P>(3) If containerized cargo, including excess loose cargo that is part of the containerized cargo, is transferred to a CES operator's own facility using his own vehicles, the CES operator shall be liable under the terms of his custodial bond for the proper safekeeping and delivery of the merchandise to the CES facility.</P> <P>(4) If the importer or his agent acting as importer of record transfers the merchandise to a CES, that importer or agent shall assume liability under his importation and entry bond (see § 151.7(d) of this part) for the proper <PRTPAGE P="198"/>transfer of the merchandise until it is receipted for by the CES operator.</P> <P>(c) <E T="03">Annual blanket transfer.</E> Port directors may institute an annual blanket transfer application procedure to facilitate any of the bonded movements described in paragraph (b) of this section.</P> <P>(d) <E T="03">Designation of bonded movement and CES to be used.</E> In the event the port director deems it necessary, he may direct the type of bonded movement to be used to transfer merchandise to a CES and may designate the CES at which examination must take place. In either case the port director's action will be noted on the Customs Form 3461 or 3461 (ALT) or attachment thereto.</P> <CITA>[T.D. 93-6, 58 FR 5606, Jan. 22, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 151.16</SECTNO> <SUBJECT>Detention of merchandise.</SUBJECT> <P>(a) <E T="03">Exemptions from applicability.</E> The provisions of this section are not applicable to detentions effected by Customs on behalf of other agencies of the U.S. Government in whom the determination of admissibility is vested and to detentions arising from possibly piratical copies (see part 133, subpart E, of this chapter) or import of goods bearing marks which are confusingly similar to recorded trademarks or restricted gray market merchandise (see part 133, subpart C, of this chapter.)</P> <P>(b) <E T="03">Decision to detain or release.</E> Within the 5-day period (excluding weekends and holidays) following the date on which merchandise is presented for Customs examination, Customs shall decide whether to release or detain merchandise. Merchandise which is not released within such 5-day period shall be considered to be detained merchandise. For purposes of this section, merchandise shall be considered to be presented for Customs examination when it is in a condition to be viewed and examined by a Customs officer. Mere presentation to the examining officer of a cargo van, container or instrument of international traffic in which the merchandise to be examined is contained will not be considered to be presentation of merchandise for Customs examination for purposes of this section. Except when merchandise is examined at the public stores, the importer shall pay all costs relating to the preparation and transportation of merchandise for examination.</P> <P>(c) <E T="03">Notice of detention.</E> If a decision to detain merchandise is made, or the merchandise is not released within the 5-day period, Customs shall issue a notice to the importer or other party having an interest in such merchandise no later than 5 days (excluding weekends and holidays) after such decision or failure to release (see paragraph (b) of this section). Issuance of a notice of detention is not to be construed as a final determination as to admissibility of the merchandise. The notice shall be prepared by the Customs officer detaining the merchandise and shall advise the importer or other interested party of the:</P> <P>(1) Initiation of the detention, including the date the merchandise was presented for examination;</P> <P>(2) Specific reason for the detention;</P> <P>(3) Anticipated length of the detention;</P> <P>(4) Nature of the tests or inquiries to be conducted; and</P> <P>(5) Nature of any information which, if supplied to the Customs Service, may accelerate the disposition of the detention.</P> <P>(d) <E T="03">Providing testing results.</E> Upon written request by the importer or other party having an interest in detained merchandise, Customs shall provide copies of the results of any testing conducted on the merchandise together with a description of the testing procedures and methodologies used (unless such procedures or methodologies are proprietary to the holder of a copyright or patent or were developed by Customs for enforcement purposes). The results and test description shall be in sufficient detail to permit the duplication and analysis of the testing and the results.</P> <P>(e) <E T="03">Final determinations.</E> A final determination with respect to admissibility of detained merchandise will be made within 30 days from the date the merchandise is presented for Customs examination. Such a determination may be the subject of a protest.</P> <P>(f) <E T="03">Effect of failure to make a determination.</E> The failure by Customs to make a final determination with respect to the admissibility of detained merchandise within 30 days after the <PRTPAGE P="199"/>merchandise has been presented for Customs examination, or such longer period if specifically authorized by law, shall be treated as a decision by Customs to exclude the merchandise for purposes of section 514(a)(4) of the Tariff Act of 1930, as amended (19 U.S.C. 1514(a)(4)). Such a deemed exclusion may be the subject of a protest.</P> <P>(g) <E T="03">Failure to decide protest.</E> If a protest which is filed as a result of a final determination or a deemed exclusion of detained merchandise is not allowed or denied in whole or in part before the 30th day after the day on which the protest was filed, it shall be treated as having been denied on such 30th day for purposes of 28 U.S.C. 1581.</P> <P>(h) <E T="03">Decision before commencement of court action.</E> Customs may at any time after a deemed denial of a protest as provided in paragraph (g) of this section, but before commencement of a court action as provided in paragraph (i) of this section, grant a protest and permit release of detained merchandise, or deny a protest in accordance with § 174.30 of this chapter.</P> <P>(i) <E T="03">Commencement of court action; burden of proof and decisions of the court.</E> Once a court action respecting a detention is commenced, unless Customs establishes by a preponderance of the evidence that an admissibility decision has not been reached for good cause, the court shall grant the appropriate relief which may include, but is not limited to, an order to cancel the detention and release the merchandise.</P> <P>(j) <E T="03">Seizure and forfeiture; denial of entry or exportation.</E> If otherwise provided by law, detained merchandise may be seized and forfeited. In lieu of seizure and forfeiture, where authorized by law, Customs may deny entry and permit the merchandise to be exported, with the importer responsible for paying all expenses of exportation.</P> <CITA>[T.D. 99-65, 64 FR 43611, Aug. 11, 1999]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Sugars, Sirups, and Molasses</HD> <SECTION> <SECTNO>§ 151.21</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The following are general definitions for the purposes of this subpart in applying the provisions of Chapters 17 and 18, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202):</P> <P>(a) <E T="03">Degree.</E> “Degree” or “sugar degree” means an International Sugar Degree as determined by polarimetric test performed in accordance with procedures recognized by the International Commission for Uniform Methods of Sugar Analysis. This test discloses the percentage of sucrose contained in the sugar.</P> <P>(b) <E T="03">Total sugars.</E> “Total sugars” means the sum of the sucrose, the raffinose, and the reducing sugars.</P> <CITA>[T.D. 73-175, 38 FR 17470, July 2, 1973, as amended by T.D. 89-1, 53 FR 51268, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 151.22</SECTNO> <SUBJECT>Estimated duties on raw sugar.</SUBJECT> <P>Estimated duties shall be taken on raw sugar, as defined in Subheading Note 1 to Chapter 17, Harmonized Tariff Schedule of the United States, on the basis of not less than 96° polariscopic test unless the invoice shows that the sugar is of a lower grade than that of the ordinary commercial shipment.</P> <CITA>[T.D. 73-175, 38 FR 17470, July 2, 1973, as amended by T.D. 89-1, 53 FR 51268, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 151.23</SECTNO> <SUBJECT>Allowance for moisture in raw sugar.</SUBJECT> <P>Inasmuch as the absorption of sea water or moisture reduces the polariscopic test of sugar, there shall be no allowance on account of increased weight of raw sugar importations due to unusual absorption of sea water or other moisture while on the voyage of importation. Any portion of the cargo claimed by the importer to have absorbed sea water or moisture on the voyage of importation shall be weighed, sampled, and tested separately. No such claim shall be considered if made after the sugar claimed to have been damaged has been weighed.</P> </SECTION> <SECTION> <SECTNO>§ 151.24</SECTNO> <SUBJECT>Unlading facilities for bulk sugar.</SUBJECT> <P>When dutiable sugar is to be imported in bulk, a full description of the facilities to be used in unlading the sugar shall be submitted to the Commissioner of Customs as far as possible in advance of the date of importation, <PRTPAGE P="200"/>and special instructions will be issued as to the methods to be applied in weighing and sampling such sugar.</P> </SECTION> <SECTION> <SECTNO>§ 151.25</SECTNO> <SUBJECT>Mixing classes of sugar.</SUBJECT> <P>No regulations relative to the weighing, taring, sampling, classifying, and testing of imported sugar shall be so construed as to permit mixing together sugar of different classes, such as centrifugal, beet, molasses, or any sugar different in character from those mentioned, for the purpose of weighing, taring, sampling, or testing.</P> </SECTION> <SECTION> <SECTNO>§ 151.26</SECTNO> <SUBJECT>Molasses in tank cars.</SUBJECT> <P>When molasses is imported in tank cars, the importer shall file with the port director a certificate showing whether there is any substantial difference either in the total sugars or the character of the molasses in the different cars.</P> </SECTION> <SECTION> <SECTNO>§ 151.27</SECTNO> <SUBJECT>Weighing and sampling done at time of unlading.</SUBJECT> <P>Sugar, sirup, and molasses requiring either weighing or sampling shall be weighed or sampled at the time of unlading. When such merchandise requires both weighing and sampling, these operations shall be performed simultaneously.</P> </SECTION> <SECTION> <SECTNO>§ 151.28</SECTNO> <SUBJECT>Gauging of sirup or molasses discharged into storage tanks.</SUBJECT> <P>(a) <E T="03">Plans of storage tank to be filed.</E> When sirup or molasses is imported in bulk in tank vessels and is to be pumped or discharged into storage tanks, before the discharging is permitted there shall be filed with the port director a certified copy of the plans and gauge table of the storage tank showing all inlets and outlets and stating accurately the capacity in liters per centimeter of height of the tank from an indicated starting point.</P> <P>(b) <E T="03">Settling before gauging.</E> After the discharge is completed, all inlets to the tank shall be carefully sealed and the sirup or molasses left undisturbed for a period not to exceed 20 days to allow for settling before being gauged. When a request for immediate gauging is made in writing by the importer, it shall be allowed by the port director.</P> <CITA>[T.D. 73-175, 38 FR 17470, July 2, 1973, as amended by T.D. 80-142, 45 FR 36384, May 30, 1980; T.D. 89-1, 53 FR 51268, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 151.29</SECTNO> <SUBJECT>Expense of unlading and handling.</SUBJECT> <P>No expense incidental to the unlading, transporting, or handling of sugar, sirup, or molasses for convenient weighing, gaging, measuring, sampling, or marking shall be borne by the Government.</P> </SECTION> <SECTION> <SECTNO>§ 151.30</SECTNO> <SUBJECT>Sugar closets.</SUBJECT> <P>Sugar closets for samples shall be substantially built and secured by locks furnished by Customs. They shall be conveniently located as near as possible to the points of discharge they are intended to serve. They shall be provided by the owner of the premises on which they are located and shall be so situated that sugar, sirup, and molasses stored therein shall not be subjected to extremes of temperature or humidity.</P> </SECTION> <SECTION> <SECTNO>§ 151.31</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Petroleum and Petroleum Products</HD> <SECTION> <SECTNO>§ 151.41</SECTNO> <SUBJECT>Information on entry summary.</SUBJECT> <P>On the entry summary for petroleum or petroleum products in bulk, the importer shall show the API gravity at 60 °Fahrenheit, in accordance with the current edition of the ASTM-IP Petroleum Measurement Tables (American Edition), approved by the American Society for Testing and Materials. The appropriate unabridged table shall be used in the reduction of volume to 60 °F. If the exact volumetric quantity cannot be determined in advance, the entry summary may be made for “_ barrels, more or less”, but in no case may the estimate vary by more than three percent from the gross quantity unladen. The term “barrels” is defined in Chapter 27, Additional U.S. Note 7, Harmonized Tariff Schedule of the United States. The information required by this section also shall be shown on the entry summary permit if the entry summary is filed at the time <PRTPAGE P="201"/>of entry, and on each entry summary continuation sheet regardless of when the entry summary is filed.</P> <CITA>[T.D. 80-142, 45 FR 36384, May 30, 1980, as amended by T.D. 82-224, 47 FR 53728, Nov. 29, 1982; T.D. 89-1, 53 FR 51268, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 151.42</SECTNO> <SUBJECT>Controls on unlading and gauging.</SUBJECT> <P>(a) <E T="03">Methods of control.</E> (1) Each port director shall establish controls and checks on the unlading and measurement of petroleum and petroleum products imported in bulk by vessel, truck, railroad car, pipeline, or other carrier. One of the following methods of control shall be employed:</P> <P>(i) Customs-approved metering and sampling installations provided by the importer;</P> <P>(ii) Shore tank gauging; or</P> <P>(iii) Weighing for trucks and railroad cars.</P> <P>(2) Vessel ullages shall be taken in every case unless the port director determines that it is impracticable to do so for safety or technological reasons. Ullages may be taken for trucks and railroad cars if weighing or shore tank gauging is not available as a method of control. Vessel ullages will not be used to determine the quantity unladen unless none of the other methods provided for in this paragraph is available or adequate.</P> <P>(3) The metering and sampling installations described in paragraph (a)(1)(i) of this section are approved by Customs on a case-by-case basis. Importers seeking approval shall send a complete description of the installation to the port director who, with the concurrence of the Director, Laboratory & Scientific Services, or his designee, shall give approval or shall state, in writing, the reasons for disapproval. Approved installations are subject to periodic verification by Customs. Importers desiring to modify a Customs-approved installation shall obtain Customs approval beforehand.</P> <P>(b) <E T="03">Duties of Customs officers.</E> Customs officers may perform or witness ullaging and gauging as follows:</P> <P>(1) Opening ullages.</P> <P>(2) Closing ullages of carriers which have not completely discharged cargo, or if an importer or carrier requests Customs to witness closing ullages because of special problems.</P> <P>(3) Shore tank gauges performed by company or related-party employees.</P> <P>(4) Between 5 and 10 per cent of shore tank gauges conducted by commercial gaugers.</P> <P>(5) Shore tank gauges, including those conducted by a commercial gauger if no carrier ullages are taken.</P> <P>(c) <E T="03">Manifest discrepancies.</E> Manifest discrepancies (shortages and overages) shall be reported by or on behalf of the carrier in the manner specified in § 4.12 of this chapter. If a reported discrepancy is not explained to the satisfaction of the port director, the master or other person in charge, or the owner of the vessel or vehicle, or any person directly or indirectly responsible for the discrepancy, will be subject to the imposition of the appropriate penalty under section 460, 584, or 592, Tariff Act of 1930, as amended (19 U.S.C. 1460, 1584, 1592).</P> <CITA>[T.D. 80-142, 45 FR 36384, May 30, 1980, as amended by T.D. 82-224, 47 FR 53728, Nov. 29, 1982; T.D. 87-39, 52 FR 9790, Mar. 26, 1987; T.D. 89-1, 53 FR 51268, Dec. 21, 1988; T.D. 91-77, 56 FR 46115, Sept. 10, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 151.43</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 151.44</SECTNO> <SUBJECT>Storage tanks.</SUBJECT> <P>(a) <E T="03">Plans and gauge tables.</E> When petroleum or petroleum products subject to duty at a specific rate per barrel are imported in bulk in tank vessels and are to be transferred into shore storage tanks, both the plans of each shore tank showing all outlets and inlets and the gauge table for each tank showing its capacity in barrels per centimeter or tenth of a centimeter of height shall be certified as correct by the proprietor of the tank. One set of these plans and gauge tables so certified shall be kept on file at the plant of the oil company and shall be available at all times to Customs officers. Another certified set of the shore tank plans and gauge tables shall be filed with the port director for use in verifying the Customs officers' reports. The port director may require such additional sets of shore tank plans, including subsidiary pipeline plans, and gauge tables as he may deem necessary. The storage tank proprietor shall maintain the plans and <PRTPAGE P="202"/>gauge tables for 3 years after discontinuing use of the storage tanks as bonded warehouses for the storage of imported petroleum or petroleum products.</P> <P>(b) <E T="03">Tags required on valves.</E> The inlet and outlet valves of each tank shall have tags of a permanent type affixed by the proprietor or lessee indicating the use of the valves.</P> <P>(c) <E T="03">Verification of gauge tables.</E> Whenever he has reason to suspect their reliability, the port director may require the measurement and calibrations shown on the gauge tables to be verified by a Customs officer. If no qualified Customs officer is available, the port director may accept an independent certification verifying the measurements and calibrations. The independent verification shall be performed at the expense of the storage tank proprietor.</P> <CITA>[T.D. 80-142, 45 FR 36384, May 30, 1980, as amended by T.D. 89-1, 53 FR 51268, Dec. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 151.45</SECTNO> <SUBJECT>Storage tanks bonded as ware